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MollieMillie

Lowell/BW Legal CCJ Claim Form - Lloyds CC 2010

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I would be so grateful if I could get some advice please as to how to proceed. I have been through the forums and managed to totally confuse myself now and am panicking over what we should do.

 

A CCJ claim form arrived for my Husband in regard to a Lloyds CC debt dating back to 2010. The original debt was for £1250.19 and has now increased to £1619.82. He knows he owes them money.

They might owe him money to in regard to the charges piled onto this cc account including a monthly cc insurance protection fee.

 

The question is how to proceed and after reading through some of the threads I am not at all sure now. If he completes N9A does that mean that he would have no recourse to claim back any monies owed to him?

 

Sorry if I am rambling but I have managed to get myself into a right state over this. I have a long term illness and he looks after me I want to help him as much as I can.

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Hello there.

 

Is this a court claim form that you've had? If it is, you can type it up here for the guys to advise. What does it say at the top of it please?

 

HB


Illegitimi non carborundum

 

 

 

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Hello

 

 

The top reads Claim Form in the County Court Business Centre, claim number and issue date. (I will type up more info to post)

 

 

As I said he knows he owes them money but my concern is if we complete section N9A will that prohibit him from claiming back any monies that might be owed to him in regard to excessive charges?

 

 

Many thanks

 

 

Mollie

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Defend all!!!

 

DX


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If you submit form N9A (Admittance) you automatically get a CCJ...the claim is over.


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Hello

 

Many thanks for your responses it really is so greatly appreciated. Here is the CCJ Claim Form information as requested:

Name of the Claimant = Lowell Portfolio 1 Ltd

Date of issue27th May 2015

What is the claim for – the reason they have issued the claim? The Claimant’s Claim is for the sum of £1620 being monies due from the Defendant to the Claimant under Financial agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds Bank PLC under account reference………….and assigned to the Claimant on 30-6-14 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.30 from the date of assignment of the agreement to 23-5-15 being an amount of £99

What is the value of the claim? = £1620

 

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

 

When did you enter into the original agreement before or after 2007? – It was 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. – Not issued by Lloyds but Lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? Found a letter from Lloyds and one from Lowell dated 8-7-14 stating assigned to Lowell on the 24-6-14 which is not the same date as appears on the CCJ Claim Form.

 

Did you receive a Default Notice from the original creditor? Yes, dated 2010.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No I cannot see any that say that.

 

Why did you cease payments? – I became more ill, he lost his job.

 

What was the date of your last payment? July 2010 ?

 

Was there a dispute with the original creditor that remains unresolved? Husband queried excessive charges all of the time but only verbally.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? Yes in 2010 offered £10 per month which was finally accepted in 2011 for three months. Unfortunately I was rushed into Hospital again and he let it slip after the three months.

 

 

Please let me know if you need any more information and any advice you can give will be truly appreciated.

Mollie

 

 

Edited by Andyorch
Responses hilighted

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Hi There

 

 

After going through some of the threads over the past couple of days it looks as if our best plan of action should be go for defend all (Thank you DX) leaving the jurisdiction box un-ticked and send a CCA request to the claimant (Lowells).

 

 

Sorry to be a pain just panicking again....

 

 

Mollie

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dont panic

acknowledge service as said, then will get a further 14 days making it 33 days from the claim issue date

 

send the cca request to the claimant, see what comes back


IMO

:-):rant:

 

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yes all good and CPR the sols too

 

 

dx


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Hello

 

An update and some advice please.

 

Managed to complete defence after going through some of the great threads on here it was accepted by the Judge.

 

 

Sent off CCA (Royal Mail Signed For) to Lowell's but still no response to that.

 

 

BW Legal then start calling on a daily basis,

 

 

I tell them please nothing verbal only in writing.

 

 

We then receive a letter from them stating that the monthly instalment amount has not been received?

 

 

It then goes on "at the time of making your agreement we advised you

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Sorry about that pressed the wrong button......

 

you........"?

 

 

Nothing had been agreed with them at all,

 

 

my Husband has had no communication with them whatsoever?

 

 

Then they send a letter stating that their Client intends to continue with the claim.

 

 

We then receive a letter from the court telling us that the claim is now defended

but no defence/paperwork has been supplied by Lowells/BW?

 

 

The letter offers mediation.

 

 

Lowells/BW have now sent us a copy of this, still no defence/paperwork.

 

Reading through the threads would I be correct in thinking that the answer to mediation will be YES

and await the phone call from the mediation team who will ask if my Husband has the paperwork to which he will answer NO.

It would appear that being the case they cannot proceed with the mediation.

 

Do I need to write a letter in regard to their letter claiming a monthly payment had been agreed?

 

Sorry if I am waffling but I am angry about the fact that these companies seem to be able to do what they wish

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Yes to mediation, as this will provide you with (some) costs protection in the event that no satisfactory resolution is agreed to at mediation. Anything said and done at mediation will remain private and will not be disclosed to the Court.

 

 

 

As regards the lack of paperwork, don’t worry about that just yet. You have made a CPR r.31.14/31.15 request for disclosure of documents mentioned in the particulars of claim and you have made a CCA request for a copy of the credit agreement, as of the date hereof the claimant has not complied with either of these valid requests and therefore his conduct in this respect is unreasonable and improper and if he continues with such, he is likely to be penalised by the Court by way of adverse costs consequences against him, and also his conduct provides you with some leverage in negotiating a settlement by way of ‘without prejudice and without any admission of liability as to the debt claimed’.

 

 

 

Moreover, you clearly have a counterclaim against the debt claimed by way of the mis-sold ppi on the credit agreement. In this regard, calculate how much ppi has been paid and times (x) this amount by 8% statutory interest x the amount of years that you are entitled to.

 

 

 

By calculating the ppi owed to you, then off-setting this amount against the debt claimed, by doing this you will most certainly reduce your liability for the debt or, you may even be owed more money than that which is being claimed by the Claimant and if this should be the case, then of course your liability will be extinguished.

 

 

As you can see, you have a number of material issues in your favour; use them to your advantage in any settlement negotiations you engage in with the Claimant.

 

 

 

ibberty bibberty

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can we see you defence please

you never came up with it before you filed it

 

 

dx


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You must submit the Directions Questionnaire (N180) to the court by the date stated and serve a copy on the claimant.

 

Yes to mediation...yes to small claims track...the rest is self explanatory.

 

Regards

 

Andy


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Hello

 

Many thanks for the responses they are as always greatly appreciated and sorry for my tardiness in responding, I have not been too good recently.

 

Okay, completed the Directions Questionnaire (N180) and that has gone off special recorded delivery, sent a copy off to claimant as well. We had not realised the date was so close, 20/8/15.

 

Ibberty Bibberty do you mean the letter from the Court or the one received from claimant stating that husband had agreed payment plan with them?

 

Sorry dx did not post defence as I did not want to be a complete pain and keep pestering you guys…..I studied the threads and put it together from that, here it is:

 

DEFENCE:

 

1. I have held an account with Lloyds Bank PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request.

 

 

Paragraph 2 is not admitted. I am not aware nor have I ever been informed of any legal assignment of this account number to the Claimant on the date stated.

 

Paragraph 3 is not admitted with regards to the Defendant defaulting on payments to the claimant who is therefore put to strict proof to evidence this breach.

 

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 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

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

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

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

6. 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 Act 1974.

 

7. 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.

 

Hope I did not completely mess that up?

 

Also just discovered that the CPR request was not sent, can I send one off now?

 

The letter that BW Legal sent stating that my Husband had agreed a repayment plant with them is worrying me, should I respond to them?

 

 

Thank You - Mollie

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OK Mollie,

 

Firstly, you have filed and served a very, very, good holding Defence.

 

Secondly, can you please post up both the letter from the Court and the letter from the Claimant’s solicitors, minus all personal details?

 

Thirdly, have you begun to calculate the ppi on this credit agreement/loan? If not, make a start on this ASAP, and post back the result here for further advice thereon.

 

Fourthly, dependent upon your calculation as to the mis-sold and fraudulent ppi, we will then know as to whether you can completely defeat this claim against you or whether you can considerably reduce your liability for it.

 

 

 

Fifthly, regardless as to what the ppi amount comes to, which is lawfully due and owed to you, it may be the case that you make an application to the Court on form N244 to amend your Defence under Civil Procedure Rule (CPR) Part 17 to substitute it with a Defence and Counterclaim.

 

 

 

As of the date hereof, you have not messed anything up, so don’t worry.

 

 

 

Post up that BW legal letter before you respond to the same as you may not need to respond to it at all.

 

 

 

Send your CPR request now by Royal Mail Special Delivery by 1:00pm.

 

 

Thank you.

 

 

ibberty bibberty

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pers I'd not bother with the PPI etc etc

 

 

they've yet to deal with the CCA issue.

 

 

pretty fatal without those.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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