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Lowell/carter claim form - HBOS cashcard **Resolved***


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Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far.

 

received N180 D/Q Filled in and sent copy's to CCBC and claimant.

 

Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this.

 

Any assistance would be greatfull espescialy andyorch if your available

 

 

Thanks so much.

 

 

 

 

 

Name of the Claimant

 

Lowell portfolio I ltd

 

Date of issue

 

I have acknowleged and sent one of andyorch,s defence

 

What is the claim for.

 

THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS.

THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD.

ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS

RE; HBOS

A/C XXXXXXXXXXXXXXXX

 

AND THE CLAIMANT CLAIMS £ 450.00

THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02.

 

What is the value of the claim?

In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533

 

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

 

Basic Bank account. Cardcash

 

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

2008

 

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.

 

Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute.

 

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

No, see above

 

Did you receive a Default Notice from the original creditor?

No not that I am aware

 

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

Not heard anything until the County court claim

 

Why did you cease payments:-

Around 2009

 

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

Yes. Not resolved by the bank and told to complain to the F.O.S

 

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

 

No

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant

Sent at the time. Was told that current accounts not regulated by this act...

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

 

Have done so. no response.

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You need to post your defence simon if you seek advice on your pleadings verses particulars.

 

Andy

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Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this.

 

Hi SJ hope you are well

 

Re Mediation on 21st Sept- Are you sure as that is a Sunday? Is this a small claim and as such using the small claims mediation service (1hr free)?

 

Thanks

 

A

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hi sj hope you are well

 

re mediation on 21st sept- are you sure as that is a sunday? Is this a small claim and as such using the small claims mediation service (1hr free)?

 

Thanks

 

a

 

" and the claimant claims £ 450.00 "

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You need to post your defence simon if you seek advice on your pleadings verses particulars.

 

Andy

 

One of yours I think andy

 

 

 

 

Defence

 

 

1. It is admitted with regards to the Defendant having use of a

facility to overdraw with the original creditor Halifax.

 

2. The defendant denies that the alleged amount was for finance

service or goods but is as a result of unfair and extortionate

bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount

claimed consists entirely of default penalties/charges levied on

the account for alleged late, rejected or over limit payments. The

court will be aware that these charge types and the recoverability

thereof have been judicially declared to be susceptible to

assessments of fairness under the Unfair Terms in Consumer

Contracts Regulations 1999 The Office of Fair Trading v Abbey

National PLC and others (2009). I will contend at trial that such

charges are unfair in their entirety.

 

4.The claimant is denied section 69 interest as its already

charged interest on the facility

 

5. It is denied that the Claimant has the right to lay a claim

due to contraventions of Section 136 of the Law of Property Act

and Section 82A of the Consumer Credit Act 1974. The Claimant has

yet to provide a copy of the Notice of Assignment its claim relies

upon.

 

6. The claimant is denied from added section 69 interest within

the total claimed that as yet to be decided at the courts

discretion.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the

Terms and conditions at inception, that this claim is based on.

 

(b) Provide a copy of the Notice served under 76(1) and 98(1) of

the CCA 1974 Demand /Recall Notice and Notice of Assignment.

 

© Provide a breakdown of their excessive charging/fees levied

to the account with justification.

 

(d) Show how the Claimant has reached the amount claimed.

 

(e) Show how the Claimant has the legal right, either under

statute or equity to issue a claim.

 

(f) Show how they have complied with sections III & IV of

Practice Direction - Pre-action Conduct.

 

8. On receipt of this claim I requested documentation by way of a

CPR 31.14 request dated xx/xx/ 2014 namely the Agreement and

Termination Demand Notice referred to in the claimants Particulars

of Claim. The Claimant has failed to comply with this request.

 

9.By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

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Hi SJ

 

The reason I ask if this is the small claims mediation service is because I have never heard of them asking for the strengths and weaknesses of cases prior to the mediation. Generally the first time they look at the matter, it is two minutes before they ring you when they are looking for your number. Their opening gambit is asking you 'what is the nature of your grounds to dispute'.

 

I just wanted to make sure you are actually providing this information to the mediator as opposed to the claimant. Once you clarify this, if it turns out to be to the claimant, politely refuse and suggest the strengths and weaknesses come out in the mediation. If it is for the mediator to become acquainted with the case, ensure you state this is for the mediator only and must remain confidential by them as per their obligation under the European Code of Conduct for Mediators.

 

My point being, you don't want the claimant having the opportunity to obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously and then tailoring a WS to defeat your position whilst giving you no such information during mediation or prior to mediation.

 

Someone with more legal knowledge than me will have to help you with the appropriate points of dispute, as I am not suitably qualified to do so.

 

The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and have your self-prepared for the mediation with everything you want to say and varying negotiation positions.

 

Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed and the possibility of attending court, avoiding a possible CCJ, stress and the other issues that this dispute brings. I would suggest the value of the claim will make them receptive to settle as opposed to going to court with the associated costs and possibility of losing.

 

Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 7 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation.

 

Hope this helps

 

A

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Hi SJ

 

The reason I ask if this is the small claims mediation service is because I have never heard of them asking for the strengths and weaknesses of cases prior to the mediation. Generally the first time they look at the matter, it is two minutes before they ring you when they are looking for your number. Their opening gambit is asking you 'what is the nature of your grounds to dispute'.

 

I just wanted to make sure you are actually providing this information to the mediator as opposed to the claimant. Once you clarify this, if it turns out to be to the claimant, politely refuse and suggest the strengths and weaknesses come out in the mediation. If it is for the mediator to become acquainted with the case, ensure you state this is for the mediator only and must remain confidential by them as per their obligation under the European Code of Conduct for Mediators.

 

My point being, you don't want the claimant having the opportunity to obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously and then tailoring a WS to defeat your position whilst giving you no such information during mediation or prior to mediation.

 

Someone with more legal knowledge than me will have to help you with the appropriate points of dispute, as I am not suitably qualified to do so.

 

The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and have your self-prepared for the mediation with everything you want to say and varying negotiation positions.

 

Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed and the possibility of attending court, avoiding a possible CCJ, stress and the other issues that this dispute brings. I would suggest the value of the claim will make them receptive to settle as opposed to going to court with the associated costs and possibility of losing.

 

Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 7 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation.

 

Hope this helps

 

A

 

Thanks for that Alloyz1. Very helpful.

 

Its just that when I spoke to the court mediation service to arrange the mediation appointment, they gave me some guidance on how the mediation should be conducted and this was one of the questions that I should be prepared for. Thanks for the heads up about asking the mediator to keep this confidential.

 

Regards sj

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Ahh all clear now, when they said put forward you strengths and weakness's they meant prepare your strengths and weakness's for the mediation session. Gotcha.

 

Okay well once others have commented on your defence you will be able bullet point the key parts for the mediation and start to put together your varying negotiable positions.

 

Good luck

 

A

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Well done SJ delighted for you...was it something confidential that you seek advice on?...PM me if so.

 

Well done thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 3 months later...

last year I entered court mediation with bryan carter sol.

 

The result of this mediation involved a significant reduction of this alleged debt and resulted In a mediation settlement over 4 months.

 

£xx per month was paid before the due date stipulated in the mediation agreement.

 

The other day I logged on to mybryancarter to make the final payment. only to find that The outstanding balance was zero. and I could not make the final payment. as the account had been returned to their client.

 

Phoned bryan carter today to be told that they can not give a reason why it has been returned to their client, but I needed to contact them directly.

 

I phoned their original client, who the passed me onto their subsidiary collection agent, who then passed me back to bryan carter.

 

I have made every effort to make this final payment to them. The cynic in me feels that they are trying to frustrate my last payment effort so that I default on my final payment date and they can then go back to court and obtain a judgement for the full amount of the claim.

 

What are my options to counter this ?

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