Lowell court claim - help please!

[Abbz2016]

Hi I received a court claim form from Lowell solicitors for a debt in regards to a student account I had with Halifax when I was at university in 2011. I have chosen to ignore letters from Lowell as I thought they couldn't enforce anything because they don't have the original agreement. I have had email correspondence with them
asking them to provide me with this and they have failed to.

I have now received a court form threatening a ccj and don't know whether to accept this and set up a payment plan or fight it. Please help

[charitynjw]

Re: Lowell court claim - help please!

Hi Abbz2016 & welcome to LB.

What is the alleged debt for? A loan, a bank account etc.

Also, it might help to post up the Particulars of Claim (on the court claim form).
Also the date of issue of the claim form.
Have you acknowledged it per pack instructions?

[Abbz2016]

Re: Lowell court claim - help please!

Thanks for the reply.

The debt is for a bank account i had with Halifax, a student account. Issue date of the claim is 5th August 2016. I havent acknowledged it yet no as i was unsure whether i had to give a definite answer as to whether i was going to admit the amount claimed or dispute it. I have never had to do anything like this before so i have no idea how to approach this.

particulars of claim:
1) The Defendant entered into a consumer credit act 1974 regulated agreement with Lloyds Banking Group PLC under account reference xxxxxxxxxxx ("the agreement")
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the claimant on 17/06/2015 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £1,158.04 remains due and outstanding.
And the claimant claims
a) The said sum of £1,158.04
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assingment to the date of issue, accruing at a daily rate of £0.254, but limited to one year, being £92.64
c) Costs

[nemesis45]

Re: Lowell court claim - help please!

Thanks for the reply.

The debt is for a bank account i had with Halifax, a student account. Issue date of the claim is 5th August 2016. I havent acknowledged it yet no as i was unsure whether i had to give a definite answer as to whether i was going to admit the amount claimed or dispute it. I have never had to do anything like this before so i have no idea how to approach this.

particulars of claim:
1) The Defendant entered into a consumer credit act 1974 regulated agreement with Lloyds Banking Group PLC under account reference xxxxxxxxxxx ("the agreement")
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the claimant on 17/06/2015 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £1,158.04 remains due and outstanding.
And the claimant claims
a) The said sum of £1,158.04
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assingment to the date of issue, accruing at a daily rate of £0.254, but limited to one year, being £92.64
c) Costs

Good morning,

Please confirm.

Sent a CCA request to Lowell + £1 statutory fee? Any response received?

Sent CPR 31 .14 request for inspection of documents specifically mentioned in the POC (no fee) to Lowell Solicitors? No response?

You the answers to the above is NO then send a CCA request for a copy of the agreement to Lowell + £1 postal order marked " for statutory fee only" use the template in the green boc at the top of the main forum page. Use signed for post so you can check delivery and signature,

Ditto for CPR request (no fee) to go to Lowell Solicitors.

nem

[charitynjw]

Re: Lowell court claim - help please!

@nemesis45

Interesting
Abbz states this is for a bank account.
The PoC states 'regulated agreement'.

[nemesis45]

Re: Lowell court claim - help please!

@nemesis45

Interesting
Abbz states this is for a bank account.
The PoC states 'regulated agreement'.

Morning Charity.

Lowell solicitors never seem to get POC's right either they say an accounts was " unregulated" e.g. Shop Direct/JDW or as here with a current account stated to be regulated.

My guess is unsupervised trainees are being allowed to compile claims.

nem

[Abbz2016]

Re: Lowell court claim - help please!

Thanks again for your replies.

I have not sent either of those yet so will get onto that now. Do I click on dispute claim now or do I have to wait for Lowell to respond?

What if they don't respond?

[nemesis45]

Re: Lowell court claim - help please!

Thanks again for your replies.

I have not sent either of those yet so will get onto that now. Do I click on dispute claim now or do I have to wait for Lowell to respond?

What if they don't respond?

Hi,

The CCA request has a statutory time scale of 12 + 2 Working days for compliance. CPR 31 .14 has a nominal 7 days, the request may be declined by solicitors on the grounds that the claim is to be allocated to the small claims track But it still applies until the claim is actually allocated to SCT This can be chased up and mentioned in defence.

The CCA requests 12 + 2 working days starts the day the claimant receives the request, failure to comply renders the alleged debt unenforceable Until the agreement or a compliant reconstituted copy is produced.

Do Not Chase a CCA Request.

nem

[charitynjw]

Re: Lowell court claim - help please!

Thanks again for your replies.

I have not sent either of those yet so will get onto that now. Do I click on dispute claim now or do I have to wait for Lowell to respond?

What if they don't respond?

Acknowledge asap.
Defend all - do not put anything in the defence box.....that can be addressed later.
As for jurisdiction, do you live in England/Wales?

[Abbz2016]

Re: Lowell court claim - help please!

I'm in England.

so acknowledge, dispute all. Send CCA with £1 fee postal order and send CPR with no fee and await a reply?

Thank you so much, really appreciate it

[Abbz2016]

Re: Lowell court claim - help please!

Hi again, sorry if this is a daft question. Just doing the CPR 31.14 and on the template it says "I require inspection of documents you mention in your statement of case ahead of filing my defence on xxxx"

The issue date is 05/08/16 so do I add 5 days + 14 days so my filing my defence date would be 24/08/2016?

[nemesis45]

Re: Lowell court claim - help please!

Hi again, sorry if this is a daft question. Just doing the CPR 31.14 and on the template it says "I require inspection of documents you mention in your statement of case ahead of filing my defence on xxxx"

The issue date is 05/08/16 so do I add 5 days + 14 days so my filing my defence date would be 24/08/2016?

Leave that out, the request has a nominal 7 day compliance time.

nem

[Abbz2016]

Re: Lowell court claim - help please!

Ok will do thank you

[charitynjw]

Re: Lowell court claim - help please!

I'm in England.

so acknowledge, dispute all. Send CCA with £1 fee postal order and send CPR with no fee and await a reply?

Thank you so much, really appreciate it

Don't forget to keep copies & get proof of posting.
Endorse the PO 'For Statutory Purposes Only'.

[Abbz2016]

Re: Lowell court claim - help please!

Do I have to sent a copy of the CCA with the CPR?