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molly316

Lowell Claimform - LLoyds OD debt **Claim Discontinued**

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Hello all, it is almost 7 years since my last post.

 

I became more ill, moved house and stuck my head in the sand... till the DCAs caught up with me.

 

I have just re read all my threads - wow it all sounded so positive but with the dreaded BP nothing is that simple.

 

I have just received a court summons for the Lloyds debt, responded with my acknowledgement of service and filed intention to dispute.

 

Now to get all my old paperwork out and see whats what.... is anyone prepared to help me pick my way through this mess please?

 

Can they really take me to court when the debt was disputed?

 

Molly


 

 

 

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Hello and Welcome back Molly,

 

I've moved this thread to the Financial Legal Issues forum as you have received a court summons.

 

Regards,

 

Scott.

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If you could read the following and post as much information as requested Molly...this will assist in what options are availabe in dealing with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

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Thank you that looks like a good place to start. I have a pile of stuff here that I've not looked at for many years and its so alien now its like it happened to someone else.

 

 

The court summons is real enough though.

 

 

I'll have the information together asap.


 

 

 

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Name of the Claimant Lowell Portfolio I Ltd

 

Date of issue –22 May 2014

 

Date of issue 22/5/2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/6/2014 + 14 days to submit defence = 23/06/2014 (33 days in total)

 

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

This claim is for £1126 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by Lowell Portfollio I Ltd on 03/07/2013 and notice served pursuant to the law of property act 1925.

Particulars: re Lloyds *current account ref*

And the claimant claims £1126

The claimant also claims interest pursuant to S69 County Court Act 1984 from 03/07/2013 to date at 8% per annum amounting to £87.

What is the value of the claim? £1126

 

claimant has included section 69 interest (8%) shown separate within the Particulars and added to the debt in the total amount claimed.

 

Is the claim for a current or credit/loan account or mobile phone account? Current account

 

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

The account was assigned and the Debt purchaser has issued the claim.

 

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 - Noddle says a default was issued 14/07/2010

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year not sure

 

Why did you cease payments:- illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.

 

Was there a dispute with the original creditor that remains unresolved? Yes bank charges

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?Yes, but no debt management plan was investigated.

 

Ack of service sent 2/6/2014

 

No payments have been made on this account since 2007

 

Jan 2007 Llloyds tsb acknowledged my request for reclaiming charges but nothing else

 

 

I'll check on the things Im not sure on

Molly


 

 

 

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Ack of Service sent - 2/6/2014

Court claim form issued Lloyds through Lowell - 22/5/2014

Noddle says a default was issued for LLoyds current a/c 14/07/2010 - dont acknowledge receipt, it just says it was sent on Noddle.

First letter to Lloyds TSB £150 charges - 10/1/07

Credit history report requested from 3 major agy's - 13/1/2007

1xS.A.R - (Subject Access Request) sent to Lloyds for both current a/c and ASSET card 16/1

 

 

TLloyds debt actions from what I recall from last time I was here

 

 

 

 


 

 

 

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Hi Molly responding to your PM.

 

You need to get the following off to the solicitor named on the claim :-

 

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

 

I make your defence due date 23rd June...

 

Regards

 

Andy


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Thanks, I've not paid anything on this or acknowledged any correspondence since 2007 EDIT: sorry this is wrong last date a/c used 3/2/2010

 

They tracked me down to my new address and have recently sent letters, which I ignored.

 

 

I dont recall a default, but my credit file says one has been sent, in 2010.

 

 

Can they really send me to court after doing nothing for almost 4 years?

 

 

I'll dig out my old paperwork and see how I left this back in 2007.

Edited by molly316
corrected last date money paid into a/c

 

 

 

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If you could molly..it looks statute barred but if you could confirm last payment date.

 

Regards

 

Andy


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Agree with Andy if the last payment was 2007 then its SB tho some companys make up payments or have put fiticious payments onto the account


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Sorry my error, I dug my paperwork out to confirm

 

letter dated 7/4/2010 states Last payment made into account 3/02/2010

letter dated 5/5/2010 states charges applied 2/4/2010 - 4/5/2010

 

After 2 days am still not sure how much to do to the template CPR31.14, the threads say to tailor it to my specific case, but the PDF template wont allow many changes. If I leave the rest of the template as is, do I just need to change the first few paras to read:

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

 

1: The agreement confirmation and Terms and Conditions from that date pursuant to section 61B of The Credit Consumer Act 1974.

 

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4. Notice of Assignment

 

if so can I send that tomorrow

As there has been no payment since 2010 then its not SB? If I do offer to pay something then the statute clock starts again?

If I get a CCJ, cos my defence was late/ rubbish, can I still offer to pay reduced payments or will the court enforce the whole amount & charges

 

 

Really appreciate your help, I realise I am too slow doing this but find I am scared of doing it wrong and my brain feels paralysed

 

 

 


 

 

 

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Hmmmm had u made any payments between the 2007 payment and 2010. Is it possible it could be a phantom as in a payment to keep a account live


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Have u SARd Lloyds re this and CPRd lowell. If you dont have a recipt in your paperworkfor the payment or bank statement proving it then dispute it and demand to no where it came from

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi and thanks for your kind replies.

 

 

Sorry I was wrong in my earlier posts.... my a/c may well have been used up till early 2010 - its hard to say without statements, but I have a letter stating S/O's I recognise bounced in Nov & Dec 2009.

 

 

I possibly stopped using it between December 2009 and the Feb 2010 they quote, but I have no statements to show this.

 

 

brief history:

 

 

Jan 2007 - I SARd Lloyds - they failed to reply

Jan 2007 - filed for refund of charges

March 2007 - charges are lawful letter rec

dec 2009 - appear to be still using a/c

april 2010 - letter states last payment rec into a/c 3/2/2010

June 2010 - enforcement notice rec - yet they didnt acknowledge the SAR

June - Nov 2010 - different DCAs & solicitors letters rec

July 2010 - notice of default shown on Noddle - but I have no copy of one

Dec 2010 - notice of assignment - but to AIC not Lowells

May 2012 - lloyds transfer (not assignment) debt to DCA IQor Recovery services ltd

anything that may or may not have been received from may 2012 was ignored until...

May 2014 - county court claim form rec

2/6/2014 - ack of service - intend to defend in full

 

 

23/6/2014 -DATE TO SUBMIT DEFENCE

 

 

I am drafting a CPR to Lowell - can anyone see my last post for my queries before I post it please?

 

 

Molly


 

 

 

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You shouldn't need to edit the CPR 31.14 current account at all molly...send it as is.

 

Regards

 

Andy


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Thanks Andy, I read "templatelink3.gif letters are not intended to simply be copied, pasted and sent. You should spend some time to ensure that the wording is appropriate for your needs and amend template letters accordingly" and worried. I'll send it in the morning.


 

 

 

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I would also be tempted to Cpr lloyds


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I would also be tempted to Cpr lloyds

 

LLoyds are not subject to the claim now its been assigned.


We could do with some help from you.

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Still l would SAR LLoyds just to check the info provided and payments made to the account whilest held with Lloyds as this way you no what is happening. Lowells are not always truthful


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thank you both, I have sent the cpr off, Lloyds did not respond to my last request for SAR but I have enough statements to see that the a/c was in use up till early 2010.

 

Given I have been so petrified... literally to act on this they barely have 7 days before I have to file a defence,

 

What happens if they dont respond? defence date 23/6


 

 

 

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You can make them comply via the courts


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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ok thanks, am not quite sure what that means but

 

 

 

CPR31.14 reply received

 

"we confirm the claim form was issued by the county court at Northampton business centre and that the courts protocol was followed when issuing the claimants POC. Practise direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the POC when they are issued by this court.

 

We confirm this matter will most properly (their sp not mine) be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of default and assignment left the control of the claimant when they were dispatched to you.

 

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regard we ask you to refer to your own records.

 

We confirm that our client is not agreeable to an extension for filing for your defence.

 

As you will be aware a claim was issued in this matter on XXXXX and we are in receipt of your ack of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.....

 

 

Now what?????? Help anyone please?

Edited by molly316
reply received today

 

 

 

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Nothing Molly its his standard template response to a CPR 31.14 request.Sit tight there may be more letters shortly.


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Basically you can submit a application asking they provide the documents requested. Make sure you add to the applicationthat you have previously asked for this butu got a standard check ur records reply.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Basically you can submit a application asking they provide the documents requested. Make sure you add to the applicationthat you have previously asked for this butu got a standard check ur records reply.

 

 

Not advisable...you will get hammered with costs and bring the claim to an abrupt end with the claimant requesting Summary Judgment.The Claimant will have to disclose at the appropriate stage within the proceedings...just bide your time.

 

Regards

 

Andy


We could do with some help from you.

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

 

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