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

[Amazingly]

Yes sorry: notice of Claim Issue

"We have now issued legal proceedings in the form of a county Court Claim which you will shortly recievce direclty from the Northampton County Court as you have failed to make payment towards the debt or respond to our letter"

[dx100uk]

oh well you already have it..

nonsense

[AndyOrch]

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?

 

Yes raise it in the intro of your defence...no point informing you after the horse has bolted.

 

 

Andy

[Amazingly]

Thanks Andy

 

In realtion to document in post 6, can I use that as part of my defence?

Documents provided by Lowells : Has not been signed/ no signature present by original creditor or myself?

 

Donation made as a thank you for your continued support

[Amazingly]

Well received paperwork today but exact same as post 26:

 

Letter received from solicitors states

 

"We write to the above mentioned matter and your correspondence sate 28 April 2018.

 

After reviewing full notes on the account, we can see the requested documents have been sent you you preciously.

 

a further copy of Agreement, Default Notice, Notice of Assignment and statements are enclosed herewith for reference.

 

We are satisfied the Default Notice responds to your query requesting the termination notice and Statements respond to your request for the notice of sum in arrears.

 

We will not be responding to any further correspondence raising the above issues as we are satisfied adequate responses have been sent.

 

A court claim was issued on the 26 April 2018.

you should read this fully and respond as you deem appropriate within the time frame specified within the response pave by return.

 

Failure to respond to the Claim may result in us applying for A Count Court Judgement ( CCJ) in Default to be entered against you.

 

We trust this clarifies our position. If you wish to speak with a member of out team, please telephone us between 8:00am, and 8:00pm Monday to Friday or between 8:00 am anD 2:00pm Saturday on 0113 335 3334."

 

Generic signature from Lowells solicitors..

 

clock is ticking against my defence!

 

Original contract,: Nope does not have my signature 2009

 

No SAR as yet but was hoping to see receive payment of loan information from Lowells.... Like I said HOPING

 

All advise gratefully appreciated..

 

On the letter current balance is with the charges

[Amazingly]

Hi

I have prepared my defense and would appreciate it if someone could take a look at it for me. I have completed it on a word document but I don't know how to remove personal information.

Help please

[dx100uk]

Copy and paste the text to a msg box here

[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

Received: Letter of Claim on the 3/5/2018

 

 

 

Particulars of Claim

 

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

 

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 ( Lowell’s) on 24/11/2015

 

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 denies monies owed to the Claimant as alleged in the Particulars of Claims and does not recognise the assertion that any debt has been legally assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to

Pursuant to s.77-79 of the Consumer Credit Act 1974 the Original Signed Consumer Credit Agreement, along with the original Terms & Conditions and any subsequent changes in said Terms and Conditions (referred to as regulated agreement within the particulars of claim) and how the defendant entered into an agreement.

 

 

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. Show how the when the agreement was breeched and provide Notice of Sums in Arrears served by the Original Owners with a copy of the Default Notice from the original owners of the Alleged Debt and Certified copies of how this was served to the defendant.

 

 

 

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:

Show how the Claiming has the legal right, either under statute or equity to issue a claim providing the following

A: A copy of the default notice referred to within the particulars and certified copies of how the was served upon the defendant again as referred to in the Particulars of Claim

As claimant has stated the debt was assigned to the claimant on 24/11/2015 a copy of the Legal Assignment, including but not limited to a copy of the Deed of the Assignment.

A copy of the Defendant was served the aforementioned Legal assignment

A copy of the Alleged Notice sent by the original creditor to the Defendant and how details of this was Served upon the Defendant

Details for the cost paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on XXXXXXXXXXXX

 

(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. Also should any amount be inclusive of interest, the defendant denies interest is payable in accordance with Section 69 of County Court Act 1984 and is again the Claimant put to the Strictest of Proof.

 

Also in my defence, I am not a solicitor and after having read the POC I cannot see any legislation has been quoted in support of the Claimant’s claim against me, which leaves me unsure under which statutory Instrument this claim has been brought

Therefore again to be able to defend this claim full details of the actual legislation the Claimant gives them a right to make this claim, as surely no claim can succeed within this being quoted in the Particulars of Claim statement of truth?

I believe the facts stated in this defense are true.

 

 

...........................

17/5/2018

[Amazingly]

facts not faces last sentence sorry

[dx100uk]

Thats a bit jumbled

[AndyOrch]

And very repetitive...I think you have tinkered too much with the standard defence....defence not defense.

 

Your point 6 does not make sense ?

[Amazingly]

another sleepless night.. I have reviewed the defence if someone could cast their eyes over it please, I would be very grateful

[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

Received: Letter of Claim on the 3/5/2018

 

 

 

Particulars of Claim

 

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

 

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 ( Lowell’s) on 24/11/2015

 

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 denies monies owed to the Claimant as alleged in the Particulars of Claims and does not recognise the assertion that any debt has been legally assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to

Pursuant to s.77-79 of the Consumer Credit Act 1974 the Original Signed Consumer Credit Agreement, along with the original Terms & Conditions and any subsequent changes in said Terms and Conditions (referred to as regulated agreement within the particulars of claim) and how the defendant entered into an agreement.

 

 

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.

Show how the agreement was breeched and provide Notice of Sums in Arrears served by the Original Owners with a copy of the Default Notice from the original owners of the Alleged Debt and Certified copies of how this was served to the defendant.

 

 

 

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:

Show how the Claiming has the legal right, either under statute or equity to issue a claim providing the following

A: A copy of the default notice referred to within the particulars and certified copies of how the was served upon the defendant again as referred to in the Particulars of Claim.

B:As claimant has stated the debt was assigned to the claimant on 24/11/2015 a copy of the Legal Assignment, including but not limited to a copy of the Deed of the Assignment.

C: A copy of the Defendant served the aforementioned Legal assignment.

D:A copy of the Alleged Notice sent by the original creditor to the Defendant and how details of this was Served upon the Defendant.

E: Details for the cost paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on xxxxxxxxxxxx

 

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

(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;

 

 

5. Or 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.

 

6. Also should any amount be inclusive of interest, the defendant denies interest is payable in accordance with Section 69 of County Court Act 1984 and is again the Claimant put to the Strictest of Proof.

 

Also in my defence, I am not a solicitor and after having read the Particulars of Claim, I cannot see any legislation has been quoted in support of the Claimant’s claim against me, which leaves me unsure under which statutory Instrument this claim has been brought

Therefore again to be able to defend this claim, full details of the actual legislation the Claimant gives them a right to make this claim, as surely no claim can succeed within this being quoted in the Particulars of Claim statement of truth.

[Amazingly]

Ok sorry Andy I just read your comment and will revisit accordingly

[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

Received: Letter of Claim on the 3/5/2018

 

 

 

Particulars of Claim

 

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

 

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 ( Lowell’s) on 24/11/2015

 

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 denies monies owed to the claimant as alleged in the particulars of claims and does not recognise the assertion that any debt has been legally assigned to the claimant and as such the claimant is put to the strictest of proof, including but not limited to Pursuant to s.77-79 of the Consumer Credit Act 1974 the original signed Consumer Credit Agreement, along with the original terms & conditions and any subsequent changes in said terms and conditions (referred to as regulated agreement within the particulars of claim) and how the defendant entered into an agreement.

 

 

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.Show how the agreement was breached and provide Notice of Sums in Arrears served by the original creditors with a copy of the Default Notice from the original creditors of the alleged debt and certified copies of how this was served to the defendant.

 

 

3.Paragraph 3 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:

Show how the Claiming has the legal right, either under statute or equity to issue a claim providing the following .-

 

A:As claimant has stated the debt was assigned to the claimant on 24/11/2015 a copy of the Legal Assignment, including but not limited to a copy of the Deed of the Assignment.

 

B: A copy of the Defendant served the aforementioned Legal assignment.how details of this was served upon the defendant.

 

C: Details for the cost paid by the claimant to the original creditor for the alleged assignment of the agreement on XXXXXXXXXXXXX

 

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

 

(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. Or 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.

 

Also in my defence, I am not a solicitor and after having read the particulars of claim, I cannot see any legislation has been quoted in support of the claimant’s claim against me, which leaves me unsure under which statutory Instrument this claim has been brought.

 

Therefore again to be able to defend this claim, full details of the actual legislation the claimant gives them a right to make this claim, as surely no claim can succeed within this being quoted in the particulars of claim statement of truth.

[AndyOrch]

I personally would go with the standard......you have made a CPR 31.14 and section 77 request ?

 

 

Edit to suit

 

######Defence#######

 

 

The Defendant contends that the particulars of claim vague and are 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. The claimant claims £11,931.18 is owed under a regulated consumer credit account under reference xxxxxxxxxxxx with LLoyds Banking Group. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to comply.

 

2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

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, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence any cause of action and service of a Default Notice or termination notice; and

© show how the Defendant has reached the amount claimed for; and

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

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 77 request and remain in default with regards to this request.

 

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

 

7. On the alternative, as 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.

 

8. 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.

[Amazingly]

Thank you Andy, perhaps a silly question but with the paperwork the solicitors supplied as in thread 26 will the Lowells look at this and say they have provided the paperwork? although none of the paperwork is original ?

Hope you don't mind but I will use exactly what you have provided

[Amazingly]

Sorry me again with the reference number should I use my Original Loan number or the number issued by Lowells.

also and sorry for the questions do I submit the Defence online through MCOL and send a copy to their solicitors?

[dx100uk]

via mcol

what ref number?

[Amazingly]

Thanks DX, account number original one with Lloyds are the one Lowells assigned

[dx100uk]

In the poc

[Amazingly]

Ready to send across to MCOL

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer credit icon account under reference 100106045105

 

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 ( Lowell’s) on 24/11/2015

 

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

 

The Defendant contends that the particulars of claim vague and are 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. The claimant claims £11,931.18 is owed under a regulated consumer credit account under reference xxxxxxxxxx with LLoyds Banking Group. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to comply.

 

2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

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, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence any cause of action and service of a Default Notice or termination notice; and

© show how the Defendant has reached the amount claimed for; and

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

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 77 request and remain in default with regards to this request.

 

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

 

7. On the alternative, as 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.

 

8. 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.

[Amazingly]

Would it be worth getting a no win no fee solicitor?

Once defense is submitted to MCOL how long will it take until I hear back from them with a court date?

I know I will have to prepare a witness statement and have read one Andy supported with, however it was evident in my attempt of putting together my defense I am certainly not a legal wizz like you DX and Andy .

Just other options I am looking at as I really don't want to lose to these money grabbing buggers

[dx100uk]

you don't need one ata ll.

[Amazingly]

Oooo I cannot access my MCOL online.. 2 emails sent to them and no reply