Carter/lowell Claimform - LLoyds Credit Card 'debt'

[redminx]

Hi to all

 

 

have received some excellent advice via these forums in the past for which I've been extremely grateful

so hoping someone may be able to help with a new query:

 

Have received a claim form relating to an old Lloyds credit card,

debt dates back to at least 2006,

 

 

over the years has been passed from DCA to DCA,

last DCA was Lowell who have now issued the claim via Bryan Carter solicitors

 

I intend to dispute the claim although need some time to consider this as could be on a variety of issues

so intend to return the acknowledgement of service ASAP as my 'response clock' expires in a few days

 

However ...

. claim has been issued in the wrong surname (my old surname that the credit was taken in)

- haven't used that name for about 4 years & changed formally via proper processes -

so do I return the acknowledgement of service with this name corrected to my new one

or do I deny the claim based on the fact the surname is wrong ?

 

 

Am unsure whether this is grounds for defending the case without having to get into the nitty gritty of the details ?

 

Background on the history is that

 

 

I issued a CCA request in 2010,

they eventually responded with something they state complies with this request

however no signature just a copy of the standard T&C's with my details electronically entered at the top

so unsure this is full compliance?

 

 

Therefore in my view account was in dispute although am aware that CCA may not be a line of defence any more so unsure?

 

Also unsure as to whether they have followed all the required processes

- original default notice was issued to my old address,

not had much since & unsure on the Notice of Assignment issue

- not sure what this is,

or whether I have ever had one but may not have copies of all related correspondence anymore as debt is so old

 

Apologies if that's all ma bit waffly,

but any advice on how to respond on acknowledgement of service greatly appreciated

so I can gain some time to get my head round the rest of it

 

Many thanks in advance

[oleg]

Did you seriously imagine that by changing a name through eg marriage or deed poll, but not informing creditor, one can evade and deny responsibility for debts? If so, we would all be at it.

 

For now, just send in AoS. Then complete the questionnaire you see in threads of others who have received a claim form. Sorry I can't copy the link at present.

[BRIGADIER2JCS]

Hi to all have received some excellent advice via these forums in the past for which I've been extremely grateful so hoping someone may be able to help with a new query:

 

Have received a CCJ claim form relating to an old Lloyds credit card, debt dates back to at least 2006, over the years has been passed from DCA to DCA, last DCA was Lowell who have now issued the claim via Bryan Carter solicitors

 

I intend to dispute the claim although need some time to consider this as could be on a variety of issues so intend to return the acknowledgement of service ASAP as my 'response clock' expires in a few days

 

However .... claim has been issued in the wrong surname (my old surname that the credit was taken in) - haven't used that name for about 4 years & changed formally via proper processes - so do I return the acknowledgement of service with this name corrected to my new one or do I deny the claim based on the fact the surname is wrong ? Am unsure whether this is grounds for defending the case without having to get into the nitty gritty of the details ?

 

Background on the history is that I issued a CCA request in 2010, they eventually responded with something they state complies with this request however no signature just a copy of the standard T&C's with my details electronically entered at the top so unsure this is full compliance? Therefore in my view account was in dispute although am aware that CCA may not be a line of defence any more so unsure?

 

Also unsure as to whether they have followed all the required processes - original default notice was issued to my old address, not had much since & unsure on the Notice of Assignment issue - not sure what this is, or whether I have ever had one but may not have copies of all related correspondence anymore as debt is so old

 

Apologies if that's all ma bit waffly, but any advice on how to respond on acknowledgement of service greatly appreciated so I can gain some time to get my head round the rest of it

 

Many thanks in advance

 

 

Not informing creditors of name/address change will not help you defend this.

 

 

Given that Lowell has started action and the dates you have supplied I would not be surprised if the debt is close to being statute barred.

 

 

Check your credit files asap.

[AndyOrch]

If you could read and complete the following redminx and post your responses here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

[redminx]

Hi & thanks for the advice. Have filed A of S stating I itntend to defend all of the claim

 

Re: statute barred last payment made was in June 2009 so on this basis was very close, although made a CCA request in 2010 so not sure if this constitutes admission?

 

Have read info on link posted, & responses as below:

 

name of claimant: Lowell Portfolio Ltd

Date of issue: 10/09/14

What is the claim for – the reason they have issued the claim:The claimants claim is for the sum of £1543 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant & Lloyds under account ref: **************** and assigned to the claimant on 15/08/12 notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

The claim includes statutory interest pursuant to S. 69 of the County Act 1984 at a rate of 8% per annum (a daily rate of 0.34) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £15.00

 

What is the value of the claim?

Value of the claim: £1742

 

Is the claim for a current or credit/loan account or mobile phone account?

 

When did you enter into the original agreement before or after 2007?

Claim is for a credit card from 2006

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

 

Claim is not by original creditor (eg: Lloyds) but from debt purchaser - has been passed around numerous DCA's before reaching Lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Not sure on this, I did receive a letter from Lloyds stating my account was 'being passed' to a DCA, & various letters from subsequent DCA's but nothing in my records titled 'Notice of Assignment' - although it goes back so far there is a possibility I did receive something that wasn't retained

 

Did you receive a Default Notice from the original creditor?

 

Yes in 2006

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Definitley not, in fact haven't heard anything relating to it for several years until recently

 

Why did you cease payments:-

 

Unaffordability, basically following my divorce from ex, which left me shafted with numerous debts (mostly in my name only including this one) along with being a single parent to 3 children so was financially desperate

 

Was there a dispute with the original creditor that remains unresolved?

 

Well filed a CCA request in 2010 via the DCA who held the account at the time, never had a response for ages as they stated would have to liaise with Lloyds then out of the blue received a copy of what is basically a copy of standard terms & conditions relating to several of their credit card products with my details printed at the top - states it is a copy of my agreement but no signature , this may have been openeed online but not even any box for an electronic signature so don't believe this is actually a copy of my actual agreement, especially as it took them so long to come up with it?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

Yes made token payments of £1 /month for some time

 

Will send CPR 31.14 request ASAP, do I need to send new CCA request to Lowells although one previously sent to another DCA that was chasing the account before them?

 

 

Thanks so much for all the help

 

Redminx

[AndyOrch]

Make another CCA section 78 request to the claimant.

 

Andy

[redminx]

Hi

Thanks for all the advice

Have received the following response from solicitor for claimant to my CPR31.14 request:

 

.... Further to your letter .... Requesting disclosure under Part 31 of the Civil Procedure rules.

We confirm the claim form was issued by ...... Court and that the court's protocol was followed when issuing the claimant's particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates this requirement to attach the documents to the particulars of claim when they are issued by this court.

 

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records

 

We confirm our client is not agreeable to an extension for filing the defence

 

We confirm we are not in receipt of your acknowledgement of service

 

As you will be aware a claim was issued in this matter ..... Please respond to the Claim using the response pack provided by the court. You should comply with the deadlines etc etc

 

Am unsure where the response above leaves me in terms of proceeding except that they are refusing to provide the documents requested . Re: the acknowledgement of service this was sent within the required timescales by recorded delivery plus also responded online so know this was done properly .

 

Would be grateful for any advice

 

Many thanks

[AndyOrch]

The above is a standard template response redmix so dont read too much into it.

 

Andy

[BRIGADIER2JCS]

Hi

Thanks for all the advice

Have received the following response from solicitor for claimant to my CPR31.14 request:

 

.... Further to your letter .... Requesting disclosure under Part 31 of the Civil Procedure rules.

We confirm the claim form was issued by ...... Court and that the court's protocol was followed when issuing the claimant's particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates this requirement to attach the documents to the particulars of claim when they are issued by this court.

 

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records

 

We confirm our client is not agreeable to an extension for filing the defence

 

We confirm we are not in receipt of your acknowledgement of service

 

As you will be aware a claim was issued in this matter ..... Please respond to the Claim using the response pack provided by the court. You should comply with the deadlines etc etc

 

Am unsure where the response above leaves me in terms of proceeding except that they are refusing to provide the documents requested . Re: the acknowledgement of service this was sent within the required timescales by recorded delivery plus also responded online so know this was done properly .

 

Would be grateful for any advice

 

Many thanks

 

 

A standard response to a request made under CPR31.14 and correct.

Andy has said make a further CCA request did you do so?

[redminx]

Hi

yes have made new CCA request to Lloyds but doubtful I will receive a response before deadline for defence expires so not sure if this will help me much?

[BRIGADIER2JCS]

Hi

yes have made new CCA request to Lloyds but doubtful I will receive a response before deadline for defence expires so not sure if this will help me much?

 

 

If there is no CCA it's going nowhere.

[downsouth]

Did you file a defence OP?

[redminx]

Hi there yes I did file a defence & received letter from court acknowledging this & advising the claimant had been advised of this to see if they wished to pursue. Now have letter from both court & DCA stating the case will proceed via the small claims track & asking whether I agree to this & also whether I would be willing to participate in mediation? Am assuming I should agree to small claims hearing & refuse mediation as this would be deemed acceptance of the debt?

 

Still no CCA so aim to defend it on these grounds.....

[AndyOrch]

All parties are expected to participate in mediation...it is not an admittance of anything.

[Old Cogger]

yes to mediation, you must show willing, then mediation for cca etc

[redminx]

Ok thanks for the advice will go with the mediation route then & see what happens ......