Court Claim - Lowell / HBOS - 19-3-2015

[Peacock0155]

Received a claim? Yes
Issue Date: 19-3-2015
Amount approx: 850
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: HBOS

Particulars of Claim:
The claimants claim is for the sum of 7**.** being monies due from the defendant to the claimant under an agreement regulated under the consumer credit act 1974 between the defendant and HBOS Plc under account reference **************** and assigned to the claimant on 03/07/2013. 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 7**.**

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 the date but limited to a maximum of one year and a maximum of 1000 amounting to 6*.**

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I am not familiar with what the amount claimed is from. I'm guessing a credit card as that is the only debt I have ever had. And I was under the impression I had paid that off years ago.

[nemesis45]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Hi welcome to LB.

Have you acknowledged the claim and stated you intend to defend? You can do this @ Money Claim on Line (MCOL).
Send a CPR 31.14 request to Carter to get the documents mentioned
in the particulars of claim i.e. The agreement, the default notice, the notice of assignment.
Is this account on your credit reference files?
Do you have any information e.g. The default date/ date of last payment?

If you

There is a template in the forum library for this.
Next a CCA request to Lowell this is for production of the credit agreement ( there is a £1 statutory fee to pay, use a cheque or postal order endorsed " For Statutory Fee Only" Lowell has 12 + 2 Working days to comply if Lowell fails to comply the debt is unenforceable and until the agreement is provided.

nem

[Peacock0155]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Hi, thanks for your response.

I have acknowledged the claim with intent to defend in full. I don't have any other information such as the default dates or date of last payment. I'm in the armed forces and am posted overseas and am currently on tour so having a nightmare trying to sort this out. This claim went to my parents address. So I assume any other notices relating to this claim have also gone there.

i am back in the U.K. mid April so will look into this further and send the CCA and CPR when I get back. Is it worth getting myself a solicitor? What is the most likely outcome of these type of cases?

Many thanks
Jeff.

[nemesis45]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Hi Jeff,
You will need to seek /apply for an extension otherwise a judgement default could
be awarded.
You have definite extenuation circumstances for being allowed more time.
I think in this case (due to your deployment) a solicitor is a very good idea.
nem (ex AGC)

[Peacock0155]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Thanks again Nem.

I will ask for an extension and look into solicitors. Never needed one before so not sure how to go about it. So any advice on that would be appreciated also. There seems to be hundreds of threads regarding cases very similar to mine. Although not many seem to have any responses regarding the outcomes. Do many people have success in defending these claims?

Jeff (RE)

[nemesis45]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Hello Jeff,
Yes considerable success, often those we help do not get back when a problem is resolved.
Contact Carter explain the situation and request an extension of 28 days due to your deployment.
If agreed inform the court by phone.
nem (Colchester)

[Peacock0155]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Nem,

I'm having trouble finding the templates for the CCA and CPR 31.14 letters, could you help me out?

Thanks,
Jeff

[Amethyst]

Re: Court Claim - Lowell / HBOS - 19-3-2015

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)

[Peacock0155]

Re: Court Claim - Lowell / HBOS - 19-3-2015

Thanks for the links Amethyst!

I've added all the relevant information to the templates. I do need a little more guidance with a couple of things. Firstly, who is the cheque made out to for the CCA? Just Lowell Portfolio I LTD? And reference requesting for an extension, i could use a little help with the wording for this letter. Is there any templates for this on the library?

Many thanks,
Jeff