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**DISCONTINUED***County Court Claim from Lowell/Bryan Carter re Lloyds

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  • **DISCONTINUED***County Court Claim from Lowell/Bryan Carter re Lloyds

    My husband has received a claim form from county court for a debt we believe to be statute barred which was sent to an address he has not lived at in the last 6 years. We would like some help with how to respond to this.
    The debt was a little over £5000, with interest & fees this has been increased to just under £6000.
    My husband has made on payments & had no contact with anyone regarding this since early 2009. The documents were sent to an address he has not lived at since that time (his parents' address).

    From what I understand this debt seems as if it should be statute barred & not recoverable.

    Name of the Claimant ? Lowell Portfolio I Ltd

    Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 16/09/15

    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

    ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

    What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.
    THE CLAIMANTS CLAIMIS FOR THE SUM OF 5XXX.XX, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND Lloyds UNDER ACCOUNT REFERENCE XXXXXXXXXXX AND ASSIGNED TO THE CLAIMANT ON 24/06/2013, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH
    AND THE CLAIMANT CLAIMS 5XXX.XX
    THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 4XX.XX

    What is the value of the claim? £5XXX.XX

    Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account

    When did you enter into the original agreement before or after 2007? After (2008)

    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 & debt purchaser issued claim

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware as moved address & all correspondence was being sent to previous address

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

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware

    Why did you cease payments? Change in financial situation & personal circumstances

    What was the date of your last payment? mid 2008

    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 managementicon plan? no
    Last edited by Amethyst; 25th October 2015, 09:57:AM.
    Tags: None

  • #2
    Re: County Court Claim from Lowell/Bryan Carter re Lloyds

    Hi

    It does sound like this debt should be statute barred, which is good news as that's an absolute defence. :thumb:

    Your first step should be to acknowledge the claim and say you intend to defend it in full. You can do this online, full instructions here: http://www.legalbeagles.info/forums/...313#post499313

    Below are the next steps to take:

    1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
    You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

    2: Send A CCA REQUEST to the CLAIMANT ( see here )
    This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.


    3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

    This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

    The CCA request goes to Lowell, the CPR request to Carter. It's very unlikely either will send anything :flypig: but you just need to follow the process to start with.

    Comment


    • #3
      Re: County Court Claim from Lowell/Bryan Carter re Lloyds

      We have received a response to the CPR letter advising that they do not have to supply the information requested as Practice direction 7C point 1.4 (3a) eliminates the requirement to attach the documents to the Particulars of Claim. Please can someone advise what we should do next?

      Comment


      • #4
        Re: County Court Claim from Lowell/Bryan Carter re Lloyds

        Originally posted by Titania1980 View Post
        We have received a response to the CPR letter advising that they do not have to supply the information requested as Practice direction 7C point 1.4 (3a) eliminates the requirement to attach the documents to the Particulars of Claim. Please can someone advise what we should do next?
        Yes, there is no requirement to attach them to the particulars of claim but there is still a requirement to supply them later on. That seems to be a new variation on Mr Carter's usual template letters, do you think you could scan or take a picture of the letter and post up a redacted version without any personal details so we can see what he's rambling about? :typing:

        Comment


        • #5
          Re: County Court Claim from Lowell/Bryan Carter re Lloyds

          I'm not sure how room attach an image... I will try to figure it out...

          Comment


          • #6
            Re: County Court Claim from Lowell/Bryan Carter re Lloyds

            2015-10-09 20.34.41.png

            Comment


            • #7
              Re: County Court Claim from Lowell/Bryan Carter re Lloyds

              Thanks for attaching that, I see you managed to do it very well. :clap2:

              I see it's not a variation, just their usual template response, which should be replied to with our usual template response: http://www.legalbeagles.info/forums/...385#post410385 :thumb:

              Comment


              • #8
                Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                So... we received another response from them....

                2015-10-25 09.52.47 1.jpg
                Last edited by Titania1980; 25th October 2015, 10:00:AM.

                Comment


                • #9
                  Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                  I would get your defence sorted out now, include the statute barred under section 5 of the limitations act argument and use http://www.legalbeagles.info/forums/...t-Court-Claims as a bit of guidance on the CPR and CCA issues. Post your draft up here. It must be due in about now if you received the claim on 24th Sept.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                    Just seen on your first post the date of issue was the 16th September. You definitely need to get your defence in asap as it was due on Monday, 19 October 2015

                    There is a bit in the example defence which mentions you gave them opportunity to extend but they refused, so include that as well.

                    You might be wise to log in to Moneyclaim online and check that they haven't snuck a default judgment in immediately the deadline passed.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                      Hi

                      I'm struggling a little with which specific sections of the CCA are relevant when drafting a defence. Could you give me some guidance on this at all please?

                      Comment


                      • #12
                        Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                        Of course. This is for a loan account (fixed sum credit agreement) so you want to use section 77, so remove the references to s.78. Also you can use the part about default notices ( s.87 - which I think is paragraph 7 on the example )

                        Have a go and post a draft up and we'll help you & check it xxx
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                          This is the defence I have drafted....

                          1: I received the claim xxxxxxxx from the Northampton County Court on 24/09/2015

                          2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                          3: This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

                          4: It is admitted that the Defendant has previously entered into an agreement with Lloyds for provision of credit.

                          5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                          6. The particulars of claim fail to state when the agreement was entered into.

                          7. I contend that this claim is statute barred under section 5 of the Limitations Act in that no acknowledgement or payment of any debt to Lloyds Bank Plc has been made in over 6 years.

                          8. The Claimants statement of case states that the account was assigned from Lloyds to Lowell Portfolio I Ltd on 24/06/2013. The Defendant does not recall receiving notice of this assignment.

                          9. It is denied that Lloyds served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                          10: On the 01/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment as mentioned in the Claimant's statement of case.

                          11. Neither the Claimant nor Bryan Carter Solicitors LLP has not sent any of these documents to me.

                          12. On the 01/10/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                          13. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

                          14: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

                          15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

                          16. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                          17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                          18. It is denied that the Claimant is entitled to the relief as claimed or at all.

                          Statement of Truth

                          The Defendant believes that the facts stated in this Defence are true.



                          Signed …………………………………………

                          Dated .................................................. ..
                          Last edited by Amethyst; 25th October 2015, 10:55:AM.

                          Comment


                          • #14
                            Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                            Oops, I accidentally edited your draft post rather than copying it to a new post and editing it... so I've made a couple of amendments on your draft, sorry - but yes you were pretty much spot on with it xxx
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                              Thankyou so much!

                              Do you know how we need to submit this? Can it be done online or does it need to be posted?

                              Comment

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