lowell claimform - old LLoyds loan/Fast Track***Settlement Agreed***

[Amazingly]

Hi,

I have attached the terms and conditions of the loan, any advice on how to move forward with this with Lowell's would be very much appreciated

 

I have research Lowell's and although they are a debt collection organisation with not very good feedback , I am unable to ascertain if they will actually take a CCJ out on me. I am also unable too ascertain how to move forward with this so any advice would be very much appreciated.

Thanks in advance

Terms and Conditions.pdf

[AndyOrch]

Ascertain here.....1000s of court claims from Lowell

 

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

[Amazingly]

Thank you . I have alot of reading to do to see how I can move forward

 

Any advice you can give would be gratefully appreciated.

Edited April 27, 2018 by dx100uk
merge

[dx100uk]

next move is not yours.

at to Lloyds i'd sar them

 

theres a reason why they've sold this on

in that era they were still doing court with SCM themselves

why not you - why sell it on...find that reason.

[Amazingly]

thank you SAR request sent yesterday

[Amazingly]

Well Me again looking for some serious advise

 

Letter from County Court Business Centre: Claim form with particulars of claim within the form.

 

I am still waiting from Lloyds to provide me with the SAR they are within their 40 days window, I was hoping that by receiving the Sar, I could then identify how much Lowells made payment to them for my debt.

 

The documentation Lowells sent me themselves did not have my signature on the loan form.

 

However the claim form states I need to respond within 14 days

Any Advice on this would be gratefully appreciated.

 

Particulars of Claim:

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer credit account under reference .............

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

4: despite repeated requests of £ 11,931.18 remains due and outstanding And the claimant claims the said

a: the said amount of £11,931.18

b:interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £2.615, but limited to one year being £954.49

c:costs

 

Has not been signed by claimants Legal representative

Edited April 27, 2018 by dx100uk
merge

[dx100uk]

moved to legals and retitled

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

[Amazingly]

Name of the Claimant ? Lowell Portfolio claimant

 

Date of issue – 26 April 2018

 

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

 

Particulars of Claim:

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer crediticon account under reference .............

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

4: despite repeated requests of £ 11,931.18 remains due and outstanding

And the claimant claims the said

a: the said amount of £11,931.18

b:interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £2.615, but limited to one year being £954.49

c:costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

 

What is the value of the claim? £13.XXX.XX

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan

 

When did you enter into the original agreement before or after 2007? June 2009

 

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. : Account assigned to debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Not aware of

 

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

 

Why did you cease payments? November 2014

 

What was the date of your last payment? 20/11/2014

 

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 planicon? Yes £5 per month

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[Amazingly]

Thanks I have completed all the required action.. I have tried to locate the defense book without much success.

I have little or no defense: Original agreement is well lost and I only have the paperwork that Lowell sent me.

I honestly feel like phoning and agreeing a payment plan with Lowells

[Old Cogger]

wake up lowells are the **** of the earth nobody gives in , there is a long way to go, calm down =Defence Book??? etc what are you stating, these people are here to help you not a listening samaratons all free and you need to wake up and listen and follow recommendations,. what else did you find this site for?

[Amazingly]

Thank you : My error in not putting the right content: I was looking for the County Court guidebook.

All information given and links is and has been very gratefully received

[dx100uk]

IMHO you don't need it

Read threads here

 

And don't go blinking first!!

 

With that crap paperwork they don't stand a chance

Did you get the Lloyds sar return back??

[Amazingly]

Hi DX

Hit a snag with the SAR, the bank wouldn't take my council statement from 2016/2017 . I have had myself removed from all utility bills since. I did go onto the bank today with my birth certificate but they wouldn't accept it as proof of who I am .

 

I have my passport that I can present however it has my signature is on it.

I really do appreciate all the help and advise you give. I have search some of the defense and am currently preparing this as I type to you.

[dx100uk]

So what if you passport has your Sig on it????

You really need to have gotten the sar resolved not sit on it for a month

 

Why Lloyds sold this on and didn't take you to court themselves using SCM as they've done with 100's of others in that era amazed me

[Amazingly]

Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.

 

2. Paragraph 2 is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the original creditor; and

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

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

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

 

thanks DX,

I will get SAR sorted asap,

I just wasn't sure about providing a signatures document.

 

I know that I have delayed it and annoyed with myself for that

[dx100uk]

defence is a bit short .

 

look at other Lowell loan claimform threads

use the search cag box of the top red toolbar

[Amazingly]

On it so many options to read but hopefully will complete it tomorrow.

I will upload and if not minded to scan eyes over it

Thanks for your wonderful support

[Amazingly]

Claim History

A claim was issued against you on 26/04/2018

Your acknowledgment of service was submitted on 28/04/2018 at 07:26:54

 

Had sent a CPR 31.14 Request on the 28 April 2018 to Lowell Solicitors law and had no response from them before the time I had to submit my defence which is below...

 

 

Particulars of Claim

 

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer crediticon account under reference .............

 

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

 

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

 

4: despite repeated requests of £ 11,931.18 remains due and outstanding

 

 

And the claimant claims the said

 

a: the said amount of £11,931.18

b:interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £2.615, but limited to one year being £954.49

c:costs

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.

 

 

Requested by recorded delivery on the 13/1/2018 and also 28/4/2018

 

The claimant's particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2

 

 

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.

 

2.The claim is denied. I am unaware of what debt the claimant refers to.

I have requested further information pertaining to the claimants claim by way of a CPR 31.14 request.(Sent 28/4/2018)

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and 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 how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

4. 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, is 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.

 

6. 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.

 

 

All advise is great fully received

Edited April 29, 2018 by dx100uk
formatting

[dx100uk]

very bitty lots missing from your copy and paste.

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Lowell+loan+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=Lowell%20loan%20claimform&gsc.page=1

[Amazingly]

Hi DX

 

I have revisited the defense, if you could glance your eyes over it I would be very grateful

I am unable to upload the word document/ also unable to convert ( old laptop) Hope the copy and paste provides everything.. Thanks in advance for all your help

Claim History

A claim was issued against you on 26/04/2018

Your acknowledgment of service was submitted on 28/04/2018 at 07:26:54

 

Had sent a CPR 31.14 Request on the 28 April 2018 to Lowell Solicitors law and had no response from them before the time I had to submit my defence which is below...

 

 

Particulars of Claim

 

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer crediticon account under reference .............

 

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

 

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

 

4: despite repeated requests of £ 11,931.18 remains due and outstanding

 

 

And the claimant claims the said

 

a: the said amount of £11,931.18

b:interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £2.615, but limited to one year being £954.49

c:costs

 

Defence

 

1. The Defendant contends that the particulars of claim are vague

and generic in nature. Requested by recorded delivery on the 13/1/2018 and also 28/4/2018 The claimant's particulars of claims

disclose no legal cause of action as the claimant's statement of

case is insufficiently particularised and does not comply or even

attempt to comply with CPR part 16.2 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.

 

2.The claim is denied. Paragraph 1 is noted. I have in the past had an agreement with Lloyds but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars

I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

 

3.The claim is denied : the Claimant has not served a Notice of

Assignment or pursuant to the law of property act 1925 and 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 how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

4. 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, is 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.

 

6. 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.

[dx100uk]

your 1 has bits missing and unnecessary bits added

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?479932-Lowell-Claim-form-Old-Provident-Doorstep-Loan

[dx100uk]

your defence is not due for over a month.

[Amazingly]

Received a Notice to Claim yesterday from Lowells: just wondering if I can use this as part of my defense? Received after letter County Court Business?

[dx100uk]

you mean a notice of claim?