Lowell/Carter Claimform - LLoyds overdraft 'debt'

[Trebsi]

why are they carrying on with their claim if that is the case? I do not understand the processes so was thinking that would be my next move...?

 

Do I just sit tight and wait for court date?

[AndyOrch]

Its their prerogative to continue or fold for whatever reasons they have...they believe " having spoken to Lowell they say a payment was made to account on 29/08/2009." you dispute that... they issued the claim 3rd Sept you state last activity was early 2008.

 

The debt is therefore statute barred...they may argue that limitation only starts from when they issued the " Notice served under Sections 76(1) and 98(1) of the CCA1974 " ...can they prove they sent one...what date was it......have they served one at all?

 

If not then stick to your defence and wait for allocation.

[Trebsi]

I think I must be missing something.

 

 

Court wrote to me informing me of my defence and that they are waiting to hear from claimant.

 

 

Claimant wrote to me (sols)

 

 

said they have received defence and will discuss with claimant (lowell).

 

 

Letter received yesterday informing me that the claimant (lowell) wishes to continue.

 

 

They also stuck in an arrangement agreement for me to sign to avoid the charge being served.

 

 

am I correct in thinking (based on your response) that they are trying to trick me into signing an arrangement

because the court is unlikely to enforce it in the first place?

 

 

And obviously once I sign then I am legally obliged to pay and if I dont then they can enforce?

[AndyOrch]

There is no CCJ yet.....its not even been allocated to court......mind games

[Trebsi]

Answer to your reply is no. I have never received anything of that nature. All i receve are letters from Lowell stating they are in charge of the debt, etc. Their standard gumph!

 

Thank you!

[Trebsi]

Right...new development!

 

I have today received "Notice of proposed allocation to the small claims track" from the court.

 

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

 

Take Notice That

 

1: This is now a defended claim

2. It appears that this case is suitable for allocation to the small claims track.

 

If you believe that this track is not the appropriate track for the claim, you must complete box c1 on the small claims directions questionnaire (form N180) and explain why.

 

3. You must by 23 October 2014 complete the small claims directions questionnaire (form N180) and file it with the court office (NN1 2LH) and serve copies on all other parties.

 

I am completely lost now.

 

Please help.

 

Thank you.

[AndyOrch]

Just complete the N180 and return it by said date...yes to mediation the rest are self explanatory tick boxes.

 

Andy

[Trebsi]

Is this what normally happens after a statute barred defence has been approved?

[AndyOrch]

It is what normally happens after any defence is submitted and the claimant wishes to proceed...its called allocation

[Trebsi]

Thanks for info. Very much appreciated!