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Lowell/? claimform - LLoyds credit card 'debt'


james2222
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I wouldn't be getting to confused with what is going on on this thread

simply look at other claim threads here

 

 

and find and adapt the holding/np paperwork defence

see post 19

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as dx says, study the no paperwork defence examples that have been used sucessfully here on numerous occasions

 

to understand the content that your defence requires read here

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.5

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Should I mention in my initial defense that I've received no response to my CCA and CPR requests (assuming that is the case when I need to submit the defense)

yes, briefly mention, cca the more import.

IMO

:-):rant:

 

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it is already included in the no paperwork defence

that's why I suggest using it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello

Date to submit defence.

Can someone just confirm it is 28 days from when the date of service of the claim is 'assumed' to have been delivered ... i.e. 5 days after the actual date on the Claim Form.

In my case :-

1. Date on form was:- Friday 4th March

2. Date of service taken as:- Wednesday 9th march (5 days after date on Claim Form)

3. I sent Acknowledgement

of Service:- Wednesday 16th March (done on line)

4. Defence must be

submitted by:- Question ... is deadline for this 28 days after the 4th March (= Friday 1st April) ... or 28 days after 9th March

(= Wed. 6th April). Good Friday and Easter Monday are in this period ... does this increase time allowed by 2 days?

 

Thanks.

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Tues 5th April is your defence due date.

We could do with some help from you.

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Tues 5th April is your defence due date.

 

Many thanks for confirmation .... I wanted to file as late as possible but just a bit of a concern in case I miscalculated and missed the deadline.

Thanks again for your help.

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I personally would be aiming for Fri or a Mon...dont leave it until the death incase there are problems submitting.

We could do with some help from you.

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  • 2 weeks later...

Hi

I've been doing lots of reading of the threads on the forum a

nd hopefully have pulled together a reasonable defence.

 

I'm concerned it may be a bit too 'wordy' and would appreciate any feedback from andyorch or dx100uk

as you have kindly offered comments previously.

 

Particulars of Claim

1. The defendant entered in to a consumer Credit act 1974 regulated agreement with Lloyds Banking Group PLC under account reference xxxxxxxxxx (‘the Agreement’).

2) The defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The agreement was later assigned to the claimant on xx/06/2015 and notice given to the defendant.

4) Despite repeated requests for payment, the sum of £4,000 remains due and outstanding.

And the claimant claims:

a) The said sum ………….

b) Interest ………………

c) Costs ……………..

 

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.

 

1. Paragraph 1 is noted. I have in the past had an agreement with Lloyds Banking Group but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request.

 

2. Paragraph 2 is denied, I am unaware of any existing outstanding balance or breach nor ever received a default notice from the original creditor

 

3.Paragraph 3 is denied I am not aware I received any Notice of Assignment from the claimant nor the original creditor

 

On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors by way of a CPR 31.14. on the 9th March 2016 by recorded delivery.

 

Furthermore a CCA section 78 request was sent to the claimant Lowell Portfolio, by recorded delivery on the 9th March 2016, as of now both the Claimant & their Solicitors have failed to provide me with any of the requested documents.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 and by a CCA request.

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

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

 

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 Consumer Credit 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.

 

 

As I said,

I have looked at other threads to help me construct my defence and Para. 6 above mentions contraventions of section 136 of the Law of Property Act .

.. however I'm not clear what the contravention is .

 

 

. any help appreciated.

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31:14 does apply

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

" 4) Despite repeated requests for payment, the sum of £4,000 remains due and outstanding."

 

Is the above true james...repeated requests?

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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" 4) Despite repeated requests for payment, the sum of £4,000 remains due and outstanding."

 

Is the above true james...repeated requests?

 

No requests from Lowells

but in 2012 and 2013 I got debt collectors letters from Mackenzie Hall then it changed to Wescot .

.. then nothing till Lowells claim a couple of weeks ago.

 

 

I have changed addresses twice since 2012 so this may explain why letters never received ...

assuming they were sent!

 

 

I always had mail forwarding set up for a few months after each move so shouldn't have been a problem.

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No requests from Lowells

but in 2012 and 2013 I got debt collectors letters from Mackenzie Hall then it changed to Wescot .

.. then nothing till Lowells claim a couple of weeks ago.

 

 

I have changed addresses twice since 2012 so this may explain why letters never received ...

assuming they were sent!

 

 

I always had mail forwarding set up for a few months after each move so shouldn't have been a problem.

 

Then I would address their point 4 within your defence also..make the court aware

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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  • 3 weeks later...

Defence filed on line Friday 1st April ... very appropriate date to respond to Lowells.

 

Not heard a peep other than letter from court dated 4th April acknowledging receipt of my defence, which says,

 

"claimant must contact court within 28 days after receiving a copy of your defence.

After that period has elapsed, the claim will be stayed".

 

Obviously I'm keen for the 28 days to be up as quickly as possible.

How do I know when they received a copy .

.. or do I just assume it's so many days after I sent my defence in?

 

Also, why is it just 'stayed' and not automatically discontinued?

 

If I didn't respond in a certain period of time ... the claimant wins a judgement by default.

 

If they don't respond in a certain period of time why is case not automatically 'thrown out'.

 

Sounds like one rule for claimant and another for the defendant!

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Defence filed on line Friday 1st April ... very appropriate date to respond to Lowells.

 

Not heard a peep other than letter from court dated 4th April acknowledging receipt of my defence, which says,

"claimant must contact court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed".

 

Obviously I'm keen for the 28 days to be up as quickly as possible.

How do I know when they received a copy ... or do I just assume it's so many days after I sent my defence in? Assume so many days but irrelevant really

 

Also, why is it just 'stayed' and not automatically discontinued? Only the Claimant can Discontinue their claim....the Court process stays it

 

If I didn't respond in a certain period of time ... the claimant wins a judgement by default. If they don't respond the claim is stayed..their prerogative to proceed or not their claim

 

If they don't respond in a certain period of time why is case not automatically 'thrown out'. Because its not actually a claim/case until they respond and its been allocated...its only a speculative claim so nothing to be " thrown out".

 

Sounds like one rule for claimant and another for the defendant!

Not really just two different processes...but confusing to the litigant if they do not actually understand the process.

 

Andy

We could do with some help from you.

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  • 4 weeks later...

Hello

Can I say a big 'Thank you' to andyorch and dx100uk for their help on this one ...

. and of course the other members of CAG that gave me their advice.

 

I called Northampton today to say that I've not heard anything since submitting my defence over 6 weeks ago.

 

After a quick check I was told the case was now 'stayed' as they have not had any response from Lowells.

Lowells would now have to pay £50 to lift the stay.

 

He did this this was a bit strange as he would have thought Lowells would have progressed to 'Directions' at least and its unlike Lowells not to have responded at all but did go on to say that Lowells are involved in 100's of cases so may be overloaded!!!

 

I know I can't do anything other than sit tight and hope the stay isn't lifted.

 

If they do lift the stay .

.. is it up to me to find this out, or for the courts to make sure I'm informed of this.

I assume Lowells are not required to inform me if they lift the stay.

 

I'll wait another few weeks just to make sure no devious tactics from Lowells ensues,

before showing my appreciation to CAG in a tangible way with a good few £'s donation.

 

Thanks again to all who helped me.

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the court will inform you

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hello Guys

Just a quick update to let you know 'nothing has happened'.

 

The case was stayed mid May after Lowells failed to submit any evidence

(I assume Lowells did not have any documets to support their claim).

 

I was expecting a bit of 're-think' from Lowell as to how they could hassle me further .

.. but nothing ..

. so I'm happy to consider this a 'win' for me.

 

I am a bit peed off that this 'stay' lasts forever .

.. can't see any good reason why it shouldn't expire after a set time and case struck out .

.. say after 24 months but I'm not a law maker!

 

I wonder if Lowells are hoping for a change in the financial laws that would give them the right to resurrect all these stayed cases years down the line?

 

However without the help and guidance of Andyorch and dx100uk

I would have struggled to 'win' so a financial contribution has been made to allow them to continue to help others.

Thanks again.

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:yo: Many thanks for your donation james...lets hope it remains stayed.

 

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

 

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

 

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I wonder if Lowells are hoping for a change in the financial laws that would give them the right to resurrect all these stayed cases years down the line?

 

 

 

will never happen ...

just for ref..

a judge would take a very dim view if they were to try and lift the stay

as you could always sight statute barred now

 

 

...solely issued a speculative claimform to pause the SB clock

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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