Lowells/? claimform - LLoyds ultimate reward account OD 'debt'

[dx100uk]

Hi,

 

not heard anything from Lowell's. Do I need to contact them again or just wait. If they don't reply will someone advise me on the defence for the form please.

 

thank you

already answered post 25.

 

 

dx

[brown owl]

Good afternoon,

 

thanks for all advice thus far. I have not had anything at all from Lowell's and my defence is due on Tuesday. I have looked through some other posts for help on defence but I am still not sure what I need to say. I guess something to do with no reply to my request ? and then what happens please?

 

Thank you

[dx100uk]

holding/no paperwork defence

already pointed to via post 25 search

 

 

post it up 1st so's we can check it.

[brown owl]

Okay, I have had another search. Is this okay please?

Taken from an old overdraft post. I am not sure if its a current account with overdraft facility or if I just went overdrawn.

They closed the account and I have no information anymore

 

 

1 The defendant entered into a consumer credit act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@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 17/06/2015 and notice given to the defendant.

4.Despite repeated requests for payment the sum of £1559 remains due and outstanding.

5.And the claimant claims

a.The said sum of £1559

b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum

from the date of the assignment to the date of issue,

accruing daily rate of £0.342 but limited to one year being £110

c.Costs

 

 

 

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 had an accountt in the past with Lloyds TSB but do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any default notice being served.

 

3.Paragraph 3 is denied and I am unaware of any legal assignment or Notice of Assignment allegedly served.

.

4.On the DDicon/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

5.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, 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;

.

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

.

5.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 crediticon 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 thats all okay. Thanks

[dx100uk]

I've inserted their poc in red

you need to align your refs to their paragraph numbers

and answer any that you have yet to respond too

 

 

keep going

well done thus far

[brown owl]

1 The defendant entered into a consumer credit act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@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 17/06/2015 and notice given to the defendant.

4.Despite repeated requests for payment the sum of £1559 remains due and outstanding.

5.And the claimant claims

a.The said sum of £1559

b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum

from the date of the assignment to the date of issue,

accruing daily rate of £0.342 but limited to one year being £110

c.Costs

 

 

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 had an account in the past with Lloyds. The account was closed and was and is in dispute for the excessive charges and fees also I do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any default notice being served.

 

3.Paragraph 3 is denied and I am unaware of any legal assignment or Notice of Assignment allegedly served.

.

4. Paragraph 4 is denied. On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

5.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, 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;

.

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

.

5.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.

 

 

Is that okay to send now please (once details filled in). Do I need to say anything about their paragraph 5?

 

Thank you

[brown owl]

Can someone have a look please. Need to send it tomorrow. Many thanks.

[martin2006]

Reference their para 5 in your 5 .......para 5 is denied......

[brown owl]

Okay. Thank you. Sent off now. Guess I just wait to see what happens?

 

Thanks for all the advice.

[Guest]

.... Guess I just wait to see what happens?

 

.

yes.

[brown owl]

Hi,

 

I received a letter from Lowell Solicitors today saying that my request for documents had been forwarded to their clients (Lowells Portfolio) and they will forward them on to me on receipt.

Then they thank me for my patience and look forward to hearing from me.

 

As I have sent my defence shall I just ignore this?

 

Thank you

[AndyOrch]

Yes

[brown owl]

Hello,

 

I had a letter from the court on the 7th June stating that my defence had been sent to the claimant etc.

 

I have heard nothing since. Do you think the case has been stayed? Is it possible for me to find out and do I need to do anything further please.

 

many thanks

[AndyOrch]

Yes it will be stayed.....it states in the acknowledgment from the court re your defence has been forwarded the procedure...they have 33 days to respond ...if not the claim is stayed.

 

33 days was last Saturday.....and no there is nothing further for you to do.

 

Andy

[brown owl]

Thank you Andy and everyone else who has advised me. :-D:-D

[brown owl]

Hi,

 

back again I'm afraid!

 

I thought I had heard the last of the above but

 

today received a copy of a form 'Directions Questionaire'- I have not had one of these before so would be grateful for advice on what it is and what to do now please?

 

(Not had anything else from the court of Lowells since filing the defence acknowledgement)

 

thank you

 

sorry I mean receiving the defence acknowledgement!

[dx100uk]

Ring the court ask if they've paid to lift the stay

[AndyOrch]

We appear to have a mass batch of these on the forum from Lowells today...

 

Simple to complete...yes to mediation ...yes to Small Claims Track....name your Local County Court as the venue...the rest are self explanatory tick boxes...return it to the court by the date stated and send a copy to the claimants solicitor...retain a copy for your file.

 

Andy

[brown owl]

Many thanks. I have tried to ring the court but I am number 13 in the queue!! Will try later.

Also I have not received anything from the court yet-this is just a copy from Lowells- should I ask the court about that?

 

Thank you

[dx100uk]

Look at the other Lowell claim threads here today

You are the 3rd to get no DQ

You can download one and fill it in as above

[AndyOrch]

Simple to complete...yes to Mediationicon...yes to small claimsicon Track....name your Local county courticon as the venue...the rest are self explanatory tick boxes...return it to the court by the date stated and send a copy to the claimants solicitor...retain a copy for your file.

 

You can download your own N180 here ......

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

[brown owl]

Thanks for the advice.

 

If I have not actually had the Directions questionaire from the court

can I just wait and see if anything turns up from them before responding off my own back so to speak.

 

 

Can Lowells do anything further if I have not had the forms directly from the court and don't reply?

 

I have still not been able to get through to the court re the stay:-x

 

Thanks

[AndyOrch]

See post #27 there appears to be a pattern forming...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467829-Lowell-claimform-Old-CAp1-card-debt/page2

 

Andy

[brown owl]

Thank you. I have had a look and will do nothing for now.

[brown owl]

Just had an email from the court stating the case is still stayed. Is there anything I can do to complain about this?

 

Hope this helps some others who have received this.