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Hi all please help, as usual have left a bit late!

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  • Hi all please help, as usual have left a bit late!

    Long story short,,cc from lloyds which next July would be 6 years since default.
    Have been ignoring Lowell/red etc for ages and then started receiving letters from bryan carter. sent them a letter requesting information under cpr31.16 pre action disclosure/cca/deed of assignment(I had previously been sent a letter appearing to be from lloyds saying they had sold debt to lowells)..they sent letter saying that it's the policy of original creditor to provide agreements at point of contract and statements throughout the duration of the account and consequently I have previously been provided with validation of debt,they confirmed it relates to a lloyds account
    Following this letter I recieved court claim(issue date 3/6/2014,,my birthday!
    I HAVE not acknowledged claim form yet but sent a cca request to lowells(12/06) and the CPR to bryan carter,,,I today received letter from bryan carter saying that court protocol was followed,referring to practice direction 7c,,,confirming that the matter will most properly be assigned to small claims track,,and that their client is not agreeable to an extension of filing defence,,and again that it is the policy of the original creditor to issue agreements and statements and I should result to my own records,,,,,,have been reading 4 CHRIS SAKES thread/posts and seems almost identical,,,,, and until reading was just about to offer payment installments. Need to acknowledge claim should I defend,,would this at least buy me time .??? Please help. Ps worst birthday ever!
    Tags: None

  • #2
    Re: Hi all please help, as usual have left a bit late!

    Hi and welcome

    Sorry to hear about your unwelcome birthday surprise.

    As you say, their response is fairly standard. If you acknowledge the claim, you'd get an extra 14 days to submit a defence. If the claim was issued on the 3rd, you should have acknowledged it by today (14 days), luckily you also have 5 days allowed for service.

    At the very least, it should buy you some time, but you need to move fast. :clock:

    Presumably Lowell never responded to your CCA request... How much are they claiming?

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    • #3
      Re: Hi all please help, as usual have left a bit late!

      Thank you for replying flaming parrot,lowells have not come back yet,it was for approx 7500 but have adde interest etc to make it 8600

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      • #4
        Re: Hi all please help, as usual have left a bit late!

        OK, acknowledge the claim for now so you get the extra 14 days. :thumb:

        With regards to their usual templated response, :mad2: :rant: there's a letter you can send here: http://www.legalbeagles.info/forums/...385#post410385 :typing:

        Comment

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