Lowell/Carter Claimform - old lloyds OD poss SB'd***Claim Struck Out***

[coleman72]

hi dx,

thanks for reply.

 

what is cpr??

 

just to be aware, I had to speak to my family, wife, parents etc, as I am not working at present, househusband if you like

no income myself, so needed to ask them for money help.

 

they have agreed to help pay this.

also I tried to go online to the court,

but ended up having to call them.

gave them the details,

and sort of said that I will have to pay this(as I found the paperwork for account).

so I guess sort of admitting it.

 

the court said if I want to pay this I need to speak to carters direct, not the court.

 

have not spoke to them yet, as just double checking paperwork.

do not know if court will put down anything I said on the phone to them??

[dx100uk]

will you PLEASE PLEASE PLEASE do as you are asked:frusty::frusty::frusty:

 

fill that link out

 

 

there in NO NEED TO PAY OR ADMIT ANYTHING.

 

if you do as the link ask it tells you about CPR grrrrrr

[coleman72]

Name of the Claimant : Lowell

 

Date of issue – 23rd Sept

 

What is the claim for – the reason they have issued the claim?

1.the claimants claim is for the sum of £584 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 ref xxxxx

and assigned to the claimant on the 24.6.2014. notice of which has been given to the defendant.

2.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 £584.

 

3.the claimant also claims statutory interest pursuant to S.69 of the county court 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 to 46.68

What is the value of the claim? £631

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? before

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 sure

Did you receive a Default Notice from the original creditor? not sure don't think so.

 

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

 

Why did you cease payments? unemployment

 

What was the date of your last payment? approx. june 2010

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

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

Hi DX100UK sorry for frustration have filled in link as requested now.

Please let me know you have seen this

 

many thanks

 

 

 

[dx100uk]

ok good

everyone that is listed at the bottom of this thread gets an alert whomever posts so yes we know you posted the above as soon as you post.

 

 

get the claim acked [AOS] on the mcol website

 

 

register as an individual user

note the long number given

 

 

then using your just created new log-in details

log in to mcol

select AOS box - respond to a claim

 

 

then looking at the claimform

enter the required details

 

 

defend all

leave juris unticked

exit mcol

 

 

next get a cpr31:14 running to carter TOMORROW time is getting on

 

 

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

 

 

Friday 23rd by 4pm is your def deadline..do NOT miss it

[coleman72]

hi dx, again thanks for reply.

 

 

at the moment I am getting lot of pressure from my family, as they are of the belief that if it is my fault,

and I have checked everything with this account and overlooked anything than this needs to be paid.

 

 

also they seem to think that all I am doing is just prlonging the payment

, and that it will need to be paid, and that I will get ccj against me.

[dx100uk]

Nope

Get the basics done

 

If you read most carter threads here

If you do this properly he'll not get a ccj

And even at the last minute

You can offer a Tomlin/consent order to avoid the ccj

 

Follow the tried and tested methods

 

All you have is a speculative claim

Hoping for a non contested default rubberstamped judgement

 

And anyway the original creditor wrote this off

And sold it for pennies

Nothing will go off the debt

The money cater might get

Goes directly to his pocket

 

Dx

[coleman72]

o.k. forgive me for sounding silly,

 

The cpr letter is a request to carters requesting the original overdraft documents right??

If so and they then send them to me,

I take it then this will need to be paid??

 

also do I have to attend court or anything like that, or will they just give me an amount of time to pay??

if I have to??

sorry for sounding silly.

[dx100uk]

It's for a judge to decide if you owe it

And

What you might have to pay

Not powerless carter

 

Carter providing docs means nothing...

 

For all you or the judge knows

The debt might mostly be unlawful bank charges

 

In most cases carter ignores the CPR

And thinks he will get a default judgement

 

He'll probe ignore the CPR or write back with his STD letter

Then let the case get stayed

 

Or GOTO the allocation stage and hope you trip yourself up during telephone mediation

But of course the court system won't entertain mediation where no docs have been produced

 

Get what I have suggested done today

 

Stop faffin around!

 

You need to act not keep talking about things

 

Off you go

Do AOS and CPR nowll

 

Dx

[coleman72]

hi dx, seems we posted at same time.

 

 

I need to be 100% clear in my mind I know what I am doing.

 

 

have started the mcol on line ,and need to finish that.

 

 

do I ned to send a defence off as well,

 

 

as it is saying I need to do that within 28 days of service???

[dx100uk]

Already posted what to do previously

 

Go read it.....

 

Post 31

[coleman72]

yep have read and understading what needs to be done, but need to know if defence had to be done??

[AndyOrch]

You have 19 days from and including the date on the claim to submit your acknowledgment of service...you then have a further 14 days to submit your defence...33 days in total.

 

Regards

 

Andy

[dx100uk]

 

I need to be 100% clear in my mind I know what I am doing.

 

 

 

you are the only one that is making this difficult.

 

 

its a very simple process

 

 

try not to over complicate things.

 

 

KISS

 

 

keep it simple stupid.

 

 

dx

[coleman72]

yep, I probs am complicating it

 

 

just couple questions.

may sound like I am stupid or thick, and you can call me that,

 

 

but what do I put in my defence????

 

 

do I wait on letter back from carters????

 

 

again please call me thick if iam, but not sure what to put???

[shamrocker]

You don't need to stress over your defence right now. Have you acknowledged the claim yet?

 

In the meantime, start reading up on some threads that are similar to yours. It will give you a bit of an understanding of what's involved in this whole process.

[coleman72]

thanks shamrocker.

I thought this was statue barred, bu it ist not over six years.

 

 

my defence is that I thought the account was closed down.

 

 

will look for other threads.

 

 

will do claim in bit, just trying to deal with letter cpr to try and catch the post.

[coleman72]

o.k. just need little help with cpr letter.

 

 

can I send it exactly as it is set out, in the link in post 31,

or do I have to modify it??? any help please. sorry for being a muppet.

[coleman72]

o.k will not get to post office in time now, so will have to wait till tomorrow.

 

 

on the cpr form it says have to pay for photocopying fees???

 

 

is that right??

 

 

what I will do is copy the letter exactly as it is.

 

 

I take it all the 31.14 etc things on the letter stay on there???

[dx100uk]

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

 

 

photocopying??????

 

 

look at the particulars of claim

 

 

where it mentions a document that it listed in the CPR letter

you leave that sentence IN

 

 

if the document is not mentioned in the POC you remove that line.....

[coleman72]

hi dx,

 

 

I seem to be having a nightmare in the understading of the cpr form, sorry.

 

 

I guess my poc will be

 

 

point 1, the agreement for the o/d and

point 4, the assignment as not with the oc??

 

 

for some unknown reason I am not understanding correctly.

 

 

is all I need to do on the cpr form is request these two things???

 

 

or do I need to print the whole thing off.

 

 

again please forgive me if I am sounding stupid and thick, but am really not sure.

[dx100uk]

there is no agreement on an OD, you signed nothing I would assume.

that's a generic poc they use.

 

 

so

notice of assignment

default notice

notice of sums in arrear

 

 

basically what the CpR already list.

 

 

can I check you have done AOS on MCOL now?

 

 

dx

[coleman72]

hi dx,

I am really really sorry but I do not understand the cpr form at all????

 

 

my question is

do I send the letter word for word???

or are there paragraphs that need to be taken out.

 

 

in letter it says:

 

 

I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request????

looking at the cpr letter in the link just confuses me??

[AndyOrch]

Just send it as it is coleman...they wont respond so makes no odds.

 

Andy

[coleman72]

hi andy thanks for reply.

I just cant seem to understand the letter.

 

 

it is getting to the point where I am trying to explain it to my family,

and I do not understand it myself, so can not fully explain it to them.

 

 

my family are trying to get me to call carters and get this sorted,

and have said they will call on my behalf and try and get this paid off.

 

 

it feels like I am going against my family.

just do not really understand the cpr letter.

[AndyOrch]

The CPR 31.14 is a simple civil request for any documents they refer to within their particulars...so that you can see what their claim is based on and can attempt to narrow any differences or accept or deny subject to what they disclose..as its a civil request they are not obliged to respond...but that's not important....its the fact that you have requested it and can then refer to said request in your defence.

 

The fact that if they decline to respond this can go against the claimant if the claim proceeds to trial...as they have frustrated your attempts to resolve the matter...and should they succeed at trial it will have an impact on any costs they request.

 

Its no big deal really and I dont understand your confusion...do not be pressured by your family...this is simple to defend...as this particular Solicitor caves in once a defence is submitted....but relies on your familys attitude to just pay or accept the CCJ...your choice.