Lowells / Carter - Lloyds Credit Card*** Claim Discontinued***

[downsouth]

At least I assume it's Lloyds Credit Card.

Another vague Lowells/Carter claim issued 4 Nov.

 

 

Assuming it is, this would probably have been issued pre 2007.

 

 

The claimants claim is for the sum of £xxxx.xx being

monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974

between the defendant and Lloyds

under account reference xxxxxxxxxxxxxxxx

 

And assigned to the claimant on dd/mm/yy, 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.

 

And the claimant claims xxxx.xx

 

The claimant also claims statutory interest pursuant to s.69 of the county act 1984

at a rate of 8% per annum from the date of assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to 494.58

6 Nov CCA1974 S.78 formal request + £1 po sent to claimant (Lowells)

 

6 Nov CPR 31.14 request sent to claimants solicitor (Carter)

 

7 Nov Claim acknowledged on MCOL

11 Nov reply to CPR request from Carter, the usual refusing to supply any documentation under Practice Direction 7C point 1.4 (3A)

eliminates the requirement to attach the documents to the PoC when they are issued by the Court.

 

draft defence follows...

[downsouth]

Draft defence

 

Thanks (again!) to Andyorch off another similar thread. Will submit today unless there's anything I've missed.

 

1.The claimants claim is for the sum of £xxxx.xx being monies due from the defendant to the claimant under an agreement regulated by the consumer credit Act 1974 between the defendant and Lloyds under account reference xxxxxxxxxxxxxxxx

 

2.And assigned to the claimant on DD/mm/yy, notice of which has been given to the defendant.

 

3.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.

 

And the claimant claims xxxx.xx

 

The claimant also claims statutory interest pursuant to s.69 of the county act 1984

at a rate of 8% per annum from the date of assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to 494.58

 

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 Paragraph 1 the Defendant accepts that he has held various accounts with Lloyds Bank PLC but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on 6th November 2014 which has not been complied with and this agreement is disputed.

 

3 Paragraph 2 is denied. I am not aware of ever receiving a Notice of Assignment pursuant to the Law and Property Act 1925 from either the original creditor or the claimant.

 

4 Paragraph 3 is denied. I dispute any agreement and I have not received a Default Notice. Pursuant to my CCA request in paragraph 2 above, the claimant is forbidden to enforce any agreement or request any relief until such time that they comply with a section 78 request and serve a valid default notice.

 

5 I have requested copies of the documentation relied upon by way of a CPR 31.14 request dated 6 November 2014, the claimant in his reply dated 11 November has refused to supply any supporting documentation.

 

6 It is therefore denied with regards to thee Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, default or assignment requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

A show how the Defendant has entered into an agreement with the Claimant; and

 

B show how the Defendant has reached the amount claimed for; and

 

C show how the Claimant has the legal right either under statute or equity to issue a claim.

 

7 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act and Section 82A of the Consumer Credit Act 1974.

 

9 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited December 4, 2014 by Andyorch
Particulars paragraphed and added for cross reference

[dx100uk]

running well then.

 

 

dx

[fkofilee]

running well then.

 

 

dx

 

Agree with DX. Im surprised they didnt send you any information regarding your CCA Request. However Uncle Bryan works on behalf of Lowell.

 

I wouldnt be surprised if Lowell came back to you. While i am against ringing them, I would ask to be put through to Customer Relations at Lowell and ask them upfront if they have the documentation...

[dx100uk]

not whilst within a court claim no I wouldn't

 

 

dx

[downsouth]

Thanks. I did check, Lowells received my CCA request on 10 Nov and have not replied. I won't be phoning them.

[dx100uk]

so by Friday 4pm you need to file the above defence

 

 

dx

[downsouth]

Had a call a couple weeks ago from the Mediation Service. They asked did I receive supporting documention from the Claimant, I said 'No.'

 

In that case the claim cannot be dealt with through Mediation and will be handed on to a Judge.

 

 

Received today in the post....

 

 

 

ORDER

 

Before DistrictJudge X ... Upon the Court taking the view that the Claim is not properly pleaded and does not comply with CPR16

 

Of the Courts own motion

 

IT IS ORDERED THAT

 

1. Unless the claimant do file and serve a fully pleaded particulars of claim exhibiting any documents mentioned therin and in compliance with CPR16 by [date] the claim will stand struck out.

 

2. Upon receipt of the amended particulars the file will be referred to a Judge for further consideration.

 

3. Costs reserved.

 

4. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

[dx100uk]

oh watch carter run.

 

 

wasted costs claim?

 

 

dx

[downsouth]

Not quite. Yet.

 

They have a photocopy signed credit agreement dated 2004, which I'll check for prescribed terms but is legible and looks comprehensive. They don't state that they have the original. The copy sent to me appears to be a photocopy of a scan.

 

That's it. No Statements, Default Notice or Assignment.

 

 

 

It might even be SB.

 

From their Amended POC:

6. The defendant fell into default on 30 October 2009

7. The account was assigned to Lowell Portfolio 1 Limited on 14 March 2008

 

 

 

I need to file and serve an amended defence by 10 March.

[downsouth]

OK, gone through my bank statements of the period - kindly supplied to me regarding a different, settled, claim.

 

I'm pretty sure this is SB.

 

 

No electronic payments Lloyds bank to Lloyds CC at all,

and no cheque payments at all since Dec 2008,

 

 

and I'm sure this is the account that I would have been using to pay this CC

- all my debts were paid using this account, until I could service it/them no more

- and the only other account was a joint used to pay regular household expenses, the mortgage etc.

 

Anyone like to help out with a succinct Amended Defence along the lines of

 

'Likely SB but if it's not, there is no Original Agreement doc, or any other docs required'

appreciated.

 

 

And wasted costs per the original Order.

[Ganymede]

If your last payment was December 2008 and the claim was issued in November 2014 then it cannot be Statute Barred. (Unless this is a Scottish case).

[downsouth]

Apologies if I was unclear. I can't find any cheque payments at all on that account since Dec 2008. Further inspection shows no cheques of an amount that likely could have paid this CC bill since 2007.

 

Assigning the account in March 2008 would also indicate SB as I definitely would not have paid a penny or otherwise acknowledged any debt to a DCA. One of their dates in their amended POC is obviously wrong. There is no default notice or Assignment of course, so who knows.

[Ganymede]

So when exactly was your last payment?

 

You need to be 100% sure if you're pleading Statute Barred.

[downsouth]

No idea when last payment was.

 

Nor have they from the look of their documentation.

 

ETA I'm sure I've seen defences posted on here along the lines of 'I think it's stature barred but in case it's not then...'

 

Might have dreamt it though!

[oleg]

Call / visit Lloyds with I D to obtain dates of last payments.

[downsouth]

OK, phoned them, all they can tell me was that it was passed to Recoveries on 28 Oct 2009, they have no details of any payments into the account.

 

I'll start drafting my Amended Defence without reference to possibly SB.

[downsouth]

Amended Particulars of Claim.

 

1. The Claimant issued a claim under Claim No. on ... November 2014.

 

2. The Claim does not include any issues under the Human Rights Act 1998.

 

3. The Defendant entered into an agreement with Lloyds (the 'Original Creditor') account number (the 'Agreement') on ... 2004 for the purpose of acquiring goods and services for which he was offered a credit card. The Claimant attaches a copy of the signed Agreement at exhibit ...

 

4. The Agreement is regulated by the Consumer Credit Act 1974 ("the Act")

 

5. The Defendant had the benefit of the credit facility.

 

6. The Defendant fell into default on 30 October 2009.

 

7. The account was assigned to Lowell Portfolio 1 Ltd on ... March 2008.

 

8. It is the policy of the Original Creditor to provide the Agreement at the point of contract and statements throughout the duration of the account.

 

9. The Claim Form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

 

10 The Claimant's Claim is for the outstanting balance due under the Agreement which is now all due and payable.

 

11 The total balance outstanding by the Defendant to the Claimant is £7xxx.xx (inclusive of intereste at the daily rate of £y.yy) plus costs.

 

12 The Claimant reasonably anticipates that the total value of the claim will not exceed £10.000.00

 

AND the Claimant claims

(breakdown of amounts)

 

Statement of Truth: ...

[fkofilee]

How [removed] did they assign this debt to Lowell in March 2008, and then default it in Oct 2009 ? Doesnt seem right, Are you sure Lowell havent fiddled the Default Date for the POC?

Edited February 26, 2015 by dx100uk
behave

[downsouth]

I'm not sure of anything about Bryan and Lowells.

 

I won costs off them previously, another case when their MO was to issue Bankruptcy Petitions, so I'm going for 2-Nil against this lot.

 

Actually, I won that last case mostly because they were so unprepared. I'm a bit reluctant to post my Amended Defence up here in advance of Filing it tbh, as it shows up the holes already apparent in their case.

 

Call me paranoid, but cases appear to be thinner on the ground these days, more easily identifiable and I'm sure 'they' read these forums.

[downsouth]

I would like to ask though,

 

In an amended Defence, is it OK for me to refer within it to the Court Order which necessitated it, and/or the Original Claim?

[Guest]

presume then you got an order following their amended partics to submit an amended defence in response by 10 march?

j will be aware of the order requiring it

amended defence wld also be re their amended (now current) partics, inc yr defence?

[downsouth]

Yes.

 

Vague Claim

 

Initial defence

 

Order - proper defence with docs - filed with one doc

 

Another Order for Amended Defence in response.

 

By 10 Mar

[downsouth]

Amended defence submitted on time

 

 

Witness statment submitted on time

 

 

About to post copy WS to Bryan when in the post this morning

 

 

 

NOTICE OF DISCONTINUANCE

 

 

[dx100uk]

nice one

 

 

another fleecing attempt by him bites the dust

 

 

dx