CCJ Lloyds/Lowell vs Edwards8701

[Edwards8701]

Here we are
SHORTCUTS

Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Witness Statements

Thank you for this! I am in the process of writing the CPR 31.14 request letter. Once I have sent this do I just wait?

[Amethyst]

For either a reply or to just before your defence date Even if they send you a letter saying they are putting your account on hold, stick to your defence date - come back on here and post with anything you receive.

[Diana M]

I am in the process of writing the CPR 31.14 request letter. Once I have sent this do I just wait?

I saw the Particulars of Claim before you removed them and they are vague. Under CPR 31.14 you can only ask them to produce documents which are specifically mentioned (not just referred to) in the POC.

They mention the loan reference number and a Notice of Assignment so you can request those documents.

There is no mention of a Default Notice so it's possible that one wasn't needed if this was a loan which they didn't terminate before the predicted expiry date (even if you had ceased contractual payments before that date). A DN is a remedy opportunity, but if the loan term had expired there was nothing that could be done to remedy the contract.

My firm likes to be proactive not sit back and wait. I would be asking Part 18 Questions at this point.

This claim is for over £9k so you may benefit from some free legal advice from a law firm in addition to following internet templates. The PPI issue in post # 7 is something which may need to be addressed in a bespoke way.

Have you received an annual Notice of Sums in Arrears (s86) since the account was defaulted?

If you believe the account was defaulted in 2012 (on your CRA file but not on the POC) what happened between then (2012) and the end of 2015 when they say the account was assigned?

Did you make reduced payments by arrangement (an ATP) or start a Debt Management Plan etc?

Or could it have been assigned to another debt purchaser before being assigned to Lowells? There are many more ways to defeat a claim than just the credit agreement - assignment issues is one of them.

I've asked you a lot of questions, but you can ask me questions too.

Di

[Edwards8701]

For either a reply or to just before your defence date Even if they send you a letter saying they are putting your account on hold, stick to your defence date - come back on here and post with anything you receive.

Good advice thank you as soon as I receive any thing back I will post on here

[Edwards8701]

I saw the Particulars of Claim before you removed them and they are vague. Under CPR 31.14 you can only ask them to produce documents which are specifically mentioned (not just referred to) in the POC.

They mention the loan reference number and a Notice of Assignment so you can request those documents.

There is no mention of a Default Notice so it's possible that one wasn't needed if this was a loan which they didn't terminate before the predicted expiry date (even if you had ceased contractual payments before that date). A DN is a remedy opportunity, but if the loan term had expired there was nothing that could be done to remedy the contract.

My firm likes to be proactive not sit back and wait. I would be asking Part 18 Questions at this point.

This claim is for over £9k so you may benefit from some free legal advice from a law firm in addition to following internet templates. The PPI issue in post # 7 is something which may need to be addressed in a bespoke way.

Have you received an annual Notice of Sums in Arrears (s86) since the account was defaulted?

If you believe the account was defaulted in 2012 (on your CRA file but not on the POC) what happened between then (2012) and the end of 2015 when they say the account was assigned?

Did you make reduced payments by arrangement (an ATP) or start a Debt Management Plan etc?

Or could it have been assigned to another debt purchaser before being assigned to Lowells? There are many more ways to defeat a claim than just the credit agreement - assignment issues is one of them.

I've asked you a lot of questions, but you can ask me questions too.

Di

On the CPR letter I have just asked questions relating to the particulars of the claim

What are part 18 questions?

I have not received an annual notice sum of arrears.

The latest credit report from noodle says the account defaulted on 17/07/12, however on the experian credit check that I was paying for there was nothing. The latest one I have dates back to September 2015 for Experian. There is no debt repayment plan.

[warwick65]

Hi Edwards

Part 18 questions are specific questions asked at an early stage to help you clarify exactly what the case is about. Personally i always find them quite technical - I think the rules say they must not be a fishing expedition to find out what the other side has but..if they are relevant then they are incredibly useful.

I would not like to draft them myself but the sort of things you might ask are
Was a default notice issued , if so when and how was it served - but it would be a tad more technical

As this claim is 9K and you are clearly stressed about it ( as you say in post 1), why not have a chat with Diana M who provides a free initial no obligation consultation - not sure really what you would have to lose.

I hate to say but the chances of them not following it all the way to court are slim with a Litigant in person, even with a solicitor, unless you have them over a barrel it may still get that far- my case did even though it was hopeless (for them)

Of course there are other law firms out there but as I have only used this firm I can not comment on anyone else - I found them to be fantastic and saved me a lot of sleepless nights

By the way, not all companies report to all credit agencies

[warwick65]

Oh just to add a couple of points

My claim was Lowells and it was brilliant when we won :-)

I personally think the SAR request should be asking for all data held in whatever form - it needs to be quite comprehensive so they can not get out of anything. However, while my preferred letter is quite long , it can be quite short . I will find my long one and post it up for you

Subject Access Request - S.7 Data Protection Act 1998
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.
Yours faithfully,

You might want to space to out a bit , maybe use 1.5 line spacing and gaps between paragraphs

[Edwards8701]

Ok thanks for the advice I will contact Di like you say I have nothing to lose

[Diana M]

I will contact Di like you say I have nothing to lose

The easiest way to do that is use the email address which is in my signature at the bottom of this post which is di@joannaconnollysolicitors.co.uk.

Di

[Edwards8701]

I have sent off, the CCA and CPR 31.14 letters recorded delivery, so I assume I just wait for 12 days and see if I get a reply ?

[Diana M]

I have sent off, the CCA and CPR 31.14 letters recorded delivery, so I assume I just wait for 12 days and see if I get a reply ?

I would be asking Part 18 Questions at this point.

My firm likes to be proactive not reactive with litigation. Time is of the essence. You need to put them on the back foot as early on in the proceedings as possible.

Di

[Edwards8701]

Hi Di

Am at my wits end, no idea what to do next I have just sent you an email

[Diana M]

Hi Di

Am at my wits end, no idea what to do next I have just sent you an email

And I have just replied

Di

[Amethyst]

I have sent off, the CCA and CPR 31.14 letters recorded delivery, so I assume I just wait for 12 days and see if I get a reply ?

You're completely fine and can be preparing your defence ready for submission, if you do receive full responses to the CCA/CPR 31.14 before your defence is due in you can amend your defence at that point. There's an example to get you started here Example Defence

and reading through that should make it clearer what the CCA/CPR request letters were for xxx