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Thread: Lowell V MarcToystory

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  1. #26
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by nemesis45 View Post
    I take it that Lowell Solicitors drafted the Claim?

    Is there an entry for this on your credit reference files? You can check Noddle Free Online.

    nem
    Yes it was Lowell solicitors.
    On my credit file in the closed section it shows lloyds passing the debt to lowells in July 2013.
    I only found this in my file after I received the court claim

  2. #27
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Yes it was Lowell solicitors.
    On my credit file in the closed section it shows lloyds passing the debt to lowells in July 2013.
    I only found this in my file after I received the court claim
    Does the file show the type of account?
    Lowell also change original account numbers for ones in its own internal solicitors.
    Stating that the debt arises fro a Regulated Agreement in the POC means it's worthwhile sending a CCA request addressed to Andrew Bartle the COO ( who seems to sign most correspondence) use the Leeds address ( no PO Box No. and send by signed for post) If you haven't already done so.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  3. #28
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by nemesis45 View Post
    Does the file show the type of account?
    Lowell also change original account numbers for ones in its own internal solicitors.
    Stating that the debt arises fro a Regulated Agreement in the POC means it's worthwhile sending a CCA request addressed to Andrew Bartle the COO ( who seems to sign most correspondence) use the Leeds address ( no PO Box No. and send by signed for post) If you haven't already done so.

    nem
    Thank you for all your help
    It's a stressful time
    I have already sent the cca request and the account number was my current account number that was stated on the claim form.
    Have I got time to send another cca to Andrew Bartle? The date on my claim form was 19 July

  4. #29
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Thank you for all your help
    It's a stressful time
    I have already sent the cca request and the account number was my current account number that was stated on the claim form.
    Have I got time to send another cca to Andrew Bartle? The date on my claim form was 19 July
    That's ok don't send anything else.
    Please don't stress over this there's loads of help here for you.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  5. #30
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by nemesis45 View Post
    That's ok don't send anything else.
    Please don't stress over this there's loads of help here for you.

    nem
    Bless you for your kind words
    I have checked noodle and in the open accounts Lowells is there it says current account and monthly repayments but no monthly payment amount. The information on it starts in October 2013. When I go into my closed accounts the lloyds is there but says closed Oct 2010 which is when the joint account closed. There is nothing with regards to the debt going to lowells and nothing regarding the default from 2010 up to Oct 2013?? I'm confused.
    I really need to get my defence in order but at the minute I have nothing from Lowells not the cpr or the cca. I don't know what I'm defending or even what the debt relates to other than the current account??

  6. #31
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Bless you for your kind words
    I have checked noodle and in the open accounts Lowells is there it says current account and monthly repayments but no monthly payment amount. The information on it starts in October 2013. When I go into my closed accounts the lloyds is there but says closed Oct 2010 which is when the joint account closed. There is nothing with regards to the debt going to lowells and nothing regarding the default from 2010 up to Oct 2013?? I'm confused.
    I really need to get my defence in order but at the minute I have nothing from Lowells not the cpr or the cca. I don't know what I'm defending or even what the debt relates to other than the current account??
    It's likely that Lowell has not updated the Lloyds original entry it happens sometimes when debt purchasers have a portfolio of debts potentially worth many hundreds of thousands of pounds to chase.

    Also Noddle is not always up to date as it is a free off shoot of Call Credit and I don't think creditors report directly to Noddle.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  7. #32
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    Default Re: Lowell V MarcToystory

    well - here goes. still nothing from Lowells or Lowells Solicitors and its 28 days from the date on the court claim tomorrow, so i am going to file tomorrow so i know i am bang on time. Please please please can someone help me with my defense. This is what i have so far

    1: I received the claim C5HK1K68 from the County Court Business Centre Northampton on 22nd July 2016 dated 19th July 2016

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

    3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    5. I responded to Lowells requesting information regarding this matter before I received the claim form, this was sent recorded delivery and was signed for. Lowells have not responded to this letter.

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

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

    8. 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.

    9: On the 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowells Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

    10. Lowells Solicitors has not sent any of these documents to me.

    11. On the 26/07/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    13: 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 failed to respond.

    13. 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.

    14. 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.

    15. 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.

    16. 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 …………………………………………

  8. #33
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    Default Re: Lowell V MarcToystory

    It is difficult to suggest exactly which section of the CCA 1974 to use.
    You think it might be a bank account (unregulated).
    The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
    Perhaps you could just substitute 'ss77-79' in the relevant places.
    As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
    I'll see what @nemesis45 suggests.
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  9. #34
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by charitynjw View Post
    It is difficult to suggest exactly which section of the CCA 1974 to use.
    You think it might be a bank account (unregulated).
    The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
    Perhaps you could just substitute 'ss77-79' in the relevant places.
    As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
    I'll see what @nemesis45 suggests.
    Thank you for all your hard work.

    It is so hard to defend something that you have no details on.

    without places like this people would be at a complete loss

  10. #35
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    well - here goes. still nothing from Lowells or Lowells Solicitors and its 28 days from the date on the court claim tomorrow, so i am going to file tomorrow so i know i am bang on time. Please please please can someone help me with my defense. This is what i have so far

    1: I received the claim C5HK1K68 from the County Court Business Centre Northampton on 22nd July 2016 dated 19th July 2016

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

    3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    5. I responded to Lowells requesting information regarding this matter before I received the claim form, this was sent recorded delivery and was signed for. Lowells have not responded to this letter.

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

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

    8. 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.

    9: On the 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowells Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

    10. Lowells Solicitors has not sent any of these documents to me.

    11. On the 26/07/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    13: 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 failed to respond.

    13. 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.

    14. 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.

    15. 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.

    16. 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 …………………………………………

    Good morning Marc.

    Well done!

    Make sure no Bold text remains.

    Good to go.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  11. #36
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by charitynjw View Post
    It is difficult to suggest exactly which section of the CCA 1974 to use.
    You think it might be a bank account (unregulated).
    The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
    Perhaps you could just substitute 'ss77-79' in the relevant places.
    As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
    I'll see what @nemesis45 suggests.
    Good morning @charitynjw,

    Lowell Solicitors " mistakes " should be used against them when ever possible.

    Yes state sections 77/78/79 of CCA1974.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  12. #37
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    Default Re: Lowell V MarcToystory

    Morning all.
    I have received a letter from the courts to say my defence is in, and lowells have 28 days to respond.
    I have still had zip from either lowells or lowells solicitors. Not even acknowledgement that they have received my letters although I know they have been signed for. Is this usual behaviour for them? Is it just a waiting game from here.
    Just a note to everyone on here your advice is priceless and without it a lot of people would not have a clue what to do..so big thumbs up

  13. #38
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Morning all.
    I have received a letter from the courts to say my defence is in, and lowells have 28 days to respond.
    I have still had zip from either lowells or lowells solicitors. Not even acknowledgement that they have received my letters although I know they have been signed for. Is this usual behaviour for them? Is it just a waiting game from here.
    Just a note to everyone on here your advice is priceless and without it a lot of people would not have a clue what to do..so big thumbs up
    Good morning Marc,

    If Lowell / sols fail to respond in time the court will stay the claim and Lowell will have to pay a fee to continue the claim, you are not informed when a claim is stayed so you will need to check with the court at the end of the timescale IF you have not been contacted by Lowell/ the court that the claim is going forward.

    Any documents you receive from the court should still be completed and filed.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  14. #39
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    Default Re: Lowell V MarcToystory

    Well the post arrived today along with a letter from Lowells solicitors. It's a copy of the bank statement this debt is bank charges for returned dd.
    They say they will not be a credit agreement as the debt relates to a current account although the POC states regulated agreement.
    It also says they informed me of this on the 3rd June..they did not.
    It says they have enclosed the default notice but I can't see it..and they will not send the deed of assignment.
    And they will not respond to any further letters re these documents. And the matter is now progress through small claims track. The charges are accumulated to 900+ from oct to Jan!
    What do I do now

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    Default Re: Lowell V MarcToystory

    Also just gone through the statement and seen a 260 dd that went out to o2 but never came back into reduce the balance. The account was already overdrawn by this point and all the other dd round it have been returned but not this one making the debt higher??

  16. #41
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    Default Re: Lowell V MarcToystory

    Notice of assignment - you will not see a Deed of assignment!

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    Default Re: Lowell V MarcToystory

    I didn't ask for the deed of assignment in my letter they have just put that in theirs. They have sent bank statements and a screen shot of what looks like lowells internal system with my address details.

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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    I didn't ask for the deed of assignment in my letter they have just put that in theirs. They have sent bank statements and a screen shot of what looks like lowells internal system with my address details.
    will not send the deed of assignment. your comment!

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    Default Re: Lowell V MarcToystory

    Sorry I was just putting what they had put in the letter.

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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Sorry I was just putting what they had put in the letter.

    quote one for all purpose no doubt by them!

  21. #46
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    Default Re: Lowell V MarcToystory

    Where do I stand now. Any help would be much appreciated. It's such a mess.

  22. #47
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Well the post arrived today along with a letter from Lowells solicitors. It's a copy of the bank statement this debt is bank charges for returned dd.
    They say they will not be a credit agreement as the debt relates to a current account although the POC states regulated agreement.
    It also says they informed me of this on the 3rd June..they did not.
    It says they have enclosed the default notice but I can't see it..and they will not send the deed of assignment.
    And they will not respond to any further letters re these documents. And the matter is now progress through small claims track. The charges are accumulated to 900+ from oct to Jan!
    What do I do now
    What are they saying? That they advised you that the debt arose from a bank current account?

    Is the debt made up solely of charges nothing else?

    As Mike says you will not get the deed of assignment.

    nem

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  23. #48
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    Default Re: Lowell V MarcToystory

    Letter says

    As previously stated in our letter dated 3rd June ( which I don't have) due to this debt relating to a current account a copy of the credit agreement will not be available.
    We have enclosed the statement and default notice.( I don't see a default notice)
    Please note our client is not obliged to provide you with the deed of assignment (I never asked for)
    We will not be responding to any other letters regarding these documents.
    As you have filed a defence this matter will progress through the small claims track and you should respond to the courts.

    This balance is made up of bank charges on returned dd and fees on an unauthorised overdraft.

    In Jan 2011 o2 tried to collect 254 pound when the account was already 524 od...this took the balance to 778.78 but this payment never came back into the bank and so the balance stayed as if they had paid it. All other dd from oct to close of accounts went out and came back in

  24. #49
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    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Letter says

    As previously stated in our letter dated 3rd June ( which I don't have) due to this debt relating to a current account a copy of the credit agreement will not be available.
    We have enclosed the statement and default notice.( I don't see a default notice)
    Please note our client is not obliged to provide you with the deed of assignment (I never asked for)
    We will not be responding to any other letters regarding these documents.
    As you have filed a defence this matter will progress through the small claims track and you should respond to the courts.

    This balance is made up of bank charges on returned dd and fees on an unauthorised overdraft.

    In Jan 2011 o2 tried to collect 254 pound when the account was already 524 od...this took the balance to 778.78 but this payment never came back into the bank and so the balance stayed as if they had paid it. All other dd from oct to close of accounts went out and came back in
    Are you saying that the account would not have been defaulted if the charges were not levied?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: Lowell V MarcToystory

    Sorry I don't know what that means? The account balance was at zero when my wife removed her name from there everything unpaid dd and charges unplanned od fees returned dd fees . They also never removed the silver account like they were supposed to when me and my wife went into the bank to remove her name as they knew I wasn't working

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