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After many years of using this site for advice, this is the very first thread that I have posted. I thought it best to start with a success and I hope that this helps anyone else out there who is looking for help.
Earlier this year BCS sent me a pre lit letter saying they were to litigate with regards a Lloyds Bank Account overdraft. The next day I received the claim form from Northampton.
After some advice (thanks PT) I decided to negotiate a settlement as this was a bank overdraft. However, the claim form did not state that it was a bank overdraft. It was quite vague and said that the claim was for an amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. It went on to mention the assignment to Lowells etc.
I considered this all a bit vague and it made me suspicious. I noticed that the particulars included the bank account number and I recognised it as being a joint bank account that i held with my wife. However, she was not mentioned in the claim. This made me more suspicious. So I emailed Lowell and asked them for details of the account to which they referred quoting their own reference number that was stated in the claim. Note that this differed to the Lloyds account number. Lowells came back to me to say that they did not have an account in my name with that number. The plot thickens I thought.
I'd read on these pages that quite often BCS will litigate without having any documentation. And of course it does not make sense for someone to be able to litigate without having any evidence to support their claim.
So I write to BCS quoting CPR 31.14. They ignored this.
I put my defence to the court that i needed to be sure for what Lowell and BCS were claiming before I could defend or admit appropriately.
I wrote to BCS on three occasions to chase copies of the agreement, statements and the notice of transfer. All were ignored.
All that I received from BCS was letters requesting me to make an offer. Now this got me thinking. Why would they accept an offer if they were so sure of getting what they claimed.
So i stuck it out.
Eventually the Allocation Q arrived and I completed it, transferring it to my local court. Which just happens to be very far away from BCS.
I then completed a form N244 - an application to the court - requesting the documents that BCS intended to rely upon. The court ignored this application and instead they responded to the allocation q with a Notice of Allocation (Hearing). Within this was a section called "Preparation for Hearing". This stated that the parties must file at the court and serve on the other party not later than 14 days before the hearing; (a) copies of all documents upon which they wish to rely, (b) statements of all witnesses (in a types format, signed and dated). It went on to say that all original documents must be brought to the hearing and if the docs were not filed and served then the court may decide not to permit them. 15 days before the hearing date BCS discontinued.
I was always sure that had they had the documentation then they would have been proud to reveal it so that I would settle. It would not have made sense not to.
It goes to show that it is always worth prodding and asking a few questions before capitulating.
Hold your nerve!!
MrF
Earlier this year BCS sent me a pre lit letter saying they were to litigate with regards a Lloyds Bank Account overdraft. The next day I received the claim form from Northampton.
After some advice (thanks PT) I decided to negotiate a settlement as this was a bank overdraft. However, the claim form did not state that it was a bank overdraft. It was quite vague and said that the claim was for an amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. It went on to mention the assignment to Lowells etc.
I considered this all a bit vague and it made me suspicious. I noticed that the particulars included the bank account number and I recognised it as being a joint bank account that i held with my wife. However, she was not mentioned in the claim. This made me more suspicious. So I emailed Lowell and asked them for details of the account to which they referred quoting their own reference number that was stated in the claim. Note that this differed to the Lloyds account number. Lowells came back to me to say that they did not have an account in my name with that number. The plot thickens I thought.
I'd read on these pages that quite often BCS will litigate without having any documentation. And of course it does not make sense for someone to be able to litigate without having any evidence to support their claim.
So I write to BCS quoting CPR 31.14. They ignored this.
I put my defence to the court that i needed to be sure for what Lowell and BCS were claiming before I could defend or admit appropriately.
I wrote to BCS on three occasions to chase copies of the agreement, statements and the notice of transfer. All were ignored.
All that I received from BCS was letters requesting me to make an offer. Now this got me thinking. Why would they accept an offer if they were so sure of getting what they claimed.
So i stuck it out.
Eventually the Allocation Q arrived and I completed it, transferring it to my local court. Which just happens to be very far away from BCS.
I then completed a form N244 - an application to the court - requesting the documents that BCS intended to rely upon. The court ignored this application and instead they responded to the allocation q with a Notice of Allocation (Hearing). Within this was a section called "Preparation for Hearing". This stated that the parties must file at the court and serve on the other party not later than 14 days before the hearing; (a) copies of all documents upon which they wish to rely, (b) statements of all witnesses (in a types format, signed and dated). It went on to say that all original documents must be brought to the hearing and if the docs were not filed and served then the court may decide not to permit them. 15 days before the hearing date BCS discontinued.
I was always sure that had they had the documentation then they would have been proud to reveal it so that I would settle. It would not have made sense not to.
It goes to show that it is always worth prodding and asking a few questions before capitulating.
Hold your nerve!!
MrF
Well done on your handling of the claim, sounds like you dealt with it perfectly, and you're right, sometimes it is just a case of holding your nerve. Thank you for reporting back to us, it will go on to help others. 
Sharon xxx
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