Lowell/BW - already batted away SD 2013 - now claimform LLoyds OD 'debt'

[remzz]

Name of the Claimant ? Lowell/BW Claimform

 

Date of issue – 8th Jan 2014

What is the claim for –

the claimant's claim is for the sum of 3651.19

being monies due from the defendant to the claimant

under a current accounts agreement regulated by the consumer crediticon act 1974

between the defendant and Lloydsicon tsb bank plc

under account reference xxxxxxxxxx8

and assigned to the claimant on 30/06/2013

notice of which was given to the defendant.

the defendant failed to maintain the contractual agreement

and a default notice has been served and not complied with

this claim also includes statutory interests pursuant to section 69 of the county courts act1984

at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignment

of the agreement to 07/01/2015 being an amount of 367.62

 

What is the value of the claim? - £3651.19

 

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

 

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

 

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. Lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? not known

 

Did you receive a Default Notice from the original creditor? no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments?

i could not afford the overdraft reduction of £100 per month and the exorbitant overdraft excess fees of nearly £250 per month .

incidentally, i was managing to keep afloat prior to Lloyds cancelling my overdraft..

 

What was the date of your last payment? i ceased payments on 16 sept 2010

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? no

i was 1st made aware that the debt had been assigned when lowell issued

me with a statutory demand in october last year (which the judge took 3 mn to set asideicon)

 

On the 10th january, i received a claim from northampton county court,

filed by bw legal on behalf of lowell for the sum of £3650 which was assigned to them by lloyds.

the same outfit tried a statutory demand for the same matter last september which i had set aside.

 

i acknowledged service on 12th jan and sent a cpr31.14 request via recorded delivery on the 16th to bw legal

asking for original agreement,notice of default, notice of termination .

 

it has now been 10 days with no reply.

 

Can i ask the court for an extension to file my defence and how do i proceed,

 

The claimant is supposed to respond with the documents within 7 days. Should i notify the court of their failure to respond?

 

the original debt to lloyds is mostly from overdraft excess fees which arose after they decide to cancel my overdraft ,

i was in financial hardship at the time but able to cope until they took action.

 

any help would be much appreciated

[citizenB]

I have moved you to the Financial Legal forum as you have had a claim issued against you. You need do nothing, it is purely an administrative move.

 

Can you please have a read of the link below and provide answers to the questions asked.. post the answers in this thread.

 

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

 

If this is an overdraft, then there wont be an agreement as such although you should have received a facility letter and terms and conditions.

 

Did you send the correct CPR31.14 request from the library.. the one I have linked below ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

If you could respond to this post with answers to the questions then I can find someone who can help

[citizenB]

The answer to your question regarding an extension is.. yes you can ask for an extension.

 

 

You would need to make contact with the solicitor acting on behalf of the client.

 

 

Your request for an extension is made under CPR 15.5

 

 

if they agree, they will need to do so in writing, because it is your responsibility to then write to the court,

 

 

enclosing a copy of the agreement to the extension and advising the court of the new date.

 

You might want to wait until andyorch or others look in on you before taking any further action.

Edited January 27, 2015 by Andyorch
CPR changed

[dx100uk]

pers I'd never ask /agree to any extensions.

ultimately it serves 'you' no purpose

to give 'them' more time to find the paperwork

that they should already posses before making a speculative court claim

hoping for a default non contested judgement

 

 

put the claimant to stick proof of the debt

using the no paperwork/holding defence

on the last day before you need to file.

 

 

need the claimform date pleae

 

 

get that link done.

[citizenB]

The claimant does not have to respond in 7 days or at all....its a civil request and the court cant cant make them comply.

 

As regards extensions...whats the point...they still wont comply...disclosure follows the defence...

 

CPR 15.5 deals with extensions to submit a defence

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

There you go - it would appear there is little point in requesting an extension and it would be in your interests to respond to the claim as it stands.

 

If you provide the information I have already requested, then we might be able to help you move forward.

[remzz]

i have not received any reply to my cpr request to bw legal

[remzz]

Hi dx,

 

I have received a reply to my cpr 31.14 request from bw legal.

See attached.

 

can i have your thoughts.

 

my main grief is that at the time i was financially struggling, lloyds cancelled my overdraft with costly consequences (overdraft excess fees)

this is why i do not want to pay this overdraft,

it s mostly charges and interest on charges and charges on charges.

 

many thanks for your attention

[remzz]

Also , if this is of any value.

 

 

Before they assigned this to lowel, at the time i stopped paying ,

i had several conversations on the phone with lloyds when they repeatadly called me about this.

 

 

I have always disputed this and even asked them at the time to take me to court

as i did not owe these abusive charges and i was not going to pay them.

 

I have 2 cds worth of phone conversations confirming my stance on this matter.

[dx100uk]

post 1 edited including our form.

 

 

thread tidied

[dx100uk]

how did you bat away the SD?

 

 

dx

[remzz]

I stated that i had always disputed the debt as it was made of penalties ,

 

 

i did not agree to it and they were using bankrupcy law as debt recovery tools.

 

 

I put them to strict proof that i had received default notice and notice of assignment

( i have received the notice of assignement last friday as a reply to my cpr 31.14 request)

 

on the day ,

the bw legal representative ask for an adjournement to gather more paperwork to which the judge replied

" you should not have issued a statutory demand if you don t know what the debt is about"

then promptly set it aside

[dx100uk]

you might need to use that to good effect in your defence.?

 

 

dx

[remzz]

Hi all ,

 

 

i need to file my defence by friday 6th (or sunday 8th if online) but don't really know where to start

Any one here that could point me in the right direction?

 

 

i ve uploaded the stat set aside affidavit for info

 

 

kind regards

Edited February 2, 2015 by remzz

[AndyOrch]

Particulars of Claim

 

What is the claim for –

 

1.the claimant's claim is for the sum of 3651.19 being monies due from the defendant to the claimant under a current accounts agreement regulated by the consumer credit act 1974 between the defendant and Lloyds tsb bank plc under account reference xxxxxxxxxx8.

 

2.and assigned to the claimant on 30/06/2013 notice of which was given to the defendant.

 

3.the defendant failed to maintain the contractual agreement and a default notice has been served and not complied with.

 

this claim also includes statutory interests pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignment

of the agreement to 07/01/2015 being an amount of 367.62

 

What is the value of the claim? - £3651.19

 

Just bringing your particulars of claim forward for reference remzz...now take a look in the Legal Success Forum for likewise threads (Overdrafts) and Claimants and have a look at their defences.This will give you an idea of how to draft a defence.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

Regards

 

Andy

[remzz]

How do i go about using in my defense the fact that i had their SD set aside previously for this alleged debt.

 

Would it be ok to justify why i have always disputed the debt by stating it is made of charges (cloaked penalties).

 

I have been a loyal customer for 12 years and lloyds cancelled my overdraft without explanation , making my situation worse at a time of hardship, would this be against bcobs

[AndyOrch]

I personally wouldn't refer to their previous SD attempt.

 

Andy

[remzz]

Hi Andyorch, DX

 

Please see below my 1st defence draft, could i have your advice please

 

Should i insert a point about why i disputed the debt in the 1st instance (arbitrary cancellation of overdraft resulting in unmanageable excess fees)

i did ask lloyds to argue it in court , they repeatedly refused then sold the debt

 

Particulars of Claim

 

What is the claim for –

 

1.the claimant's claim is for the sum of 3651.19 being monies due from the defendant to the claimant under a current accounts agreement regulated by the consumer credit act 1974 between the defendant and Lloyds tsb bank plc under account reference xxxxxxxxxx8.

 

2.and assigned to the claimant on 30/06/2013 notice of which was given to the defendant.

 

3.the defendant failed to maintain the contractual agreement and a default notice has been served and not complied with.

 

this claim also includes statutory interests pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignment

of the agreement to 07/01/2015 being an amount of 367.62

 

What is the value of the claim? - £3651.19

 

Defence:

Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past I am not aware or ever been

informed of any legal assignment of this account number to the claimant.

Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to

strict proof to evidence this breach.

Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant.

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 16/01/2015 for a copy of the overdraft

facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a

statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on 19/01/2015. The claimant has yet to comply.

Notice of assignement received in cpr response , claimant’s solicitors included notice of assignement dated 6 july 2013 which I never received , I was only made aware of such assignement in oct 2013 when served with SD

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

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 Claimant has sent lloyds statements of accounts showing overdraft excess fees

© show Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.and debt is indisputable

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 of Property Act and Section 82A of the consumer credit Act 1974.

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

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[/i]

[AndyOrch]

1/2 & 3 need work remzz...they dont even connect to the claimants same numbered points.

 

Andy

[remzz]

i think i m out of my depth on this one

[AndyOrch]

No your not....bear with me until Monday.

 

Andy

[remzz]

Hi Andy ,

 

 

What time have i got until to file my defence on line ( is it midnight?)

[AndyOrch]

Particulars of Claim (for reference only)

 

What is the claim for –

 

1.the claimant's claim is for the sum of 3651.19 being monies due from the defendant to the claimant under a current accounts agreement regulated by the consumer credit act 1974 between the defendant and Lloyds tsb bank plc under account reference xxxxxxxxxx8.

 

2.and assigned to the claimant on 30/06/2013 notice of which was given to the defendant.

 

3.the defendant failed to maintain the contractual agreement and a default notice has been served and not complied with.

 

this claim also includes statutory interests pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignment

of the agreement to 07/01/2015 being an amount of 367.62

 

What is the value of the claim? - £3651.19

 

 

 

Suggested/Proposed Defence

 

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

 

It is brought to the courts attention that the claimant has recently tried to pursue this debt by way of a Statuary Demand dated xxxxxxx.The demand was set a side by Judge XXXXX in The County Court XXXXXXX as the claimant was using the process as a means of debt collection on a disputed debt.

 

1. Paragraph 1,I accept that I have held a current account with Lloyds Bank Plc. I have not serviced this account since XXXXX due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. The account exceeded any agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2. Paragraph 2 is noted I have been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925 this was in response to a CPR 31.14 request post claim.

 

3.Paragraph 3 is denied I do not admit to defaulting on payments nor receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

 

4. 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, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 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.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 7th July 2014. The Claimant has partially failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

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.

[remzz]

Many many thanks for this .

this was definetely beyond my scope and i am very gratefull .

Andyorch , You are the man!

will file straight away

[AndyOrch]

Hi Andy ,

 

 

What time have i got until to file my defence on line ( is it midnight?)

 

4.00pm today:wink: