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***WON !!!! *** Court claim - Lowell/Lloyds - 27/09/16

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  • #16
    Re: Court claim - Lowell/Lloyds - 27/09/16

    Amazingly helpful! Thanks.

    Comment


    • #17
      Re: Court claim - Lowell/Lloyds - 27/09/16

      Hi guys,

      I am now looking to begin putting together the wording for my defence.

      Just to update you, I have sent the CPR 31.14 and the CCA request as discussed above. The only responses I have had so far are both from Lowell's Solicitors, one acknowledging receipt of the CCA request (which will be requested from Lloyds and forwarded to us on receipt). And another one noting that we have requested documents and note that we have returned the acknowledgement of service (with a polite reminder not to miss the date to respond to the outstanding claim..!).

      However, as I have had no proof of any kind from them yet, I feel moved to prepare our defence, as the date is next week.

      To remind you of the points of the claim:

      1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds Banking Group PLC under account reference *********** ('the agreement').
      2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.
      3) The Agreement was later assigned to the Claimant on 17/06/2015 and notice was given to the Defendant.
      4) Despite repeated requests for payment, the sum of £1,658.05 remains due and outstanding.
      And the Claimant claims
      a) The said sum of £1,658.05
      b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.363, but limited to one year, being £132.64
      c) Costs

      As mentioned, we are wanting to claim a statute barred defence. However, is there anything I can say about the fact the overdraft isn't covered by the CCA? I'm a bit confused about where I stand on that point.

      I will attempt to write my defence based on the guide tomorrow, but just wanted to raise this again in case anyone has any thoughts on my questions above.


      Comment


      • #18
        Re: Court claim - Lowell/Lloyds - 27/09/16

        OK, so below I have added my defence claim based on the guidelines.

        Do the Beagles feel that this answers all of the Particulars of the Claim?

        Also, does this wording suffice to claim a Statute Barred defence, or does this come later in the process?

        I am also a little confused as to why this is being claimed as a CCA 1974 agreement, when it fact it relates to an overdraft. Should I raise that point at this juncture? I have made the claim as appearing "to be for a loan agreement" (point 3). Is this correct? Am I better to continue to play dumb on this point?

        Please let me know your thoughts ASAP, as I would like to post the defence early next week.

        Thanks in advice for your advice

        ---------------------------------------------------------------------------------------------------------------------

        1: I received the claim [Claim Number] from the Northampton County Court on 30th September 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 a Loan 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. The particulars of claim fail to state when the agreement was entered into.

        6. The Claimants statement of case states that the account was assigned from Lloyds Banking Group PLC to Lowell Portfolio I Ltd on 17/06/2015. The Defendant does not recall receiving notice of this assignment.

        7. It is denied that Lloyds Banking Group PLC 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.

        8: On the 3rd October 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment] .

        9. Lowell Solicitors Limited has not sent any of these documents to me.

        10. On the 3rd October 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

        11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

        12. 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.

        13. 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.

        14. 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.

        15. 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 …………………………………………

        Dated .................................................. ....

        Comment


        • #19
          Re: Court claim - Lowell/Lloyds - 27/09/16

          New post below
          Last edited by whitevinyl; 25th October 2016, 09:38:AM.

          Comment


          • #20
            Re: Court claim - Lowell/Lloyds - 27/09/16

            Hi guys.

            Is anyone available to answer my queries above? I'd like to post the defense today or tomorrow at the latest.

            Many thanks.

            Tagging: [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=49370]Kati[/MENTION]
            Last edited by whitevinyl; 26th October 2016, 08:11:AM. Reason: Tagging

            Comment


            • #21
              Re: Court claim - Lowell/Lloyds - 27/09/16

              I'll tag [MENTION=55034]nemesis45[/MENTION] ... you could probably add a para somewhere to say it's SB'd, but I'm unsure of the wording xx
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #22
                Re: Court claim - Lowell/Lloyds - 27/09/16

                Something like ..... The debt is statute barred by virtue of section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for more than 6 years. Should the Claimant claim otherwise he is put to strict proof.


                On the overdraft / loan bit - the particulars say regulated because an overdraft is regulated - simply the part that relates to copy agreements doesn't apply. Thus para 10 & 11 of the defence will simply be quashed with 'it's an overdraft' so if you want to include it ( as you are uncertain what the debt is and have had a number of products with Lloyds in the past ) then I would make more of the CPR 31.14 request before it asking for the agreement and terms in order to assess your position as to how the allegded debt has been calculated.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #23
                  Re: Court claim - Lowell/Lloyds - 27/09/16

                  Para for statute barred.

                  x. The defendant believes that the alleged debt is statute barred under the provisions of section 5 of the Limitation Act 1980 as no payment or written acknowledgment has been made in more than 6 years.

                  nem

                  Comment


                  • #24
                    Re: Court claim - Lowell/Lloyds - 27/09/16

                    This is great, thanks guys.
                    [MENTION=6]Amethyst[/MENTION] Great info, thanks. So I will probably add a line after point 9 that says:

                    "x. I request the original agreement and terms in order to assess my position as to how the alleged debt has been calculated"
                    [MENTION=55034]nemesis45[/MENTION] With regards to the Statute Barred line, does it matter where in the defense it sits, or does it just have to be in there?

                    Comment


                    • #25
                      Re: Court claim - Lowell/Lloyds - 27/09/16

                      Originally posted by whitevinyl View Post
                      This is great, thanks guys.
                      @Amethyst Great info, thanks. So I will probably add a line after point 9 that says:

                      "x. I request the original agreement and terms in order to assess my position as to how the alleged debt has been calculated"
                      @nemesis45 With regards to the Statute Barred line, does it matter where in the defense it sits, or does it just have to be in there?
                      Somewhere near the top would be best.

                      nem

                      Comment


                      • #26
                        Re: Court claim - Lowell/Lloyds - 27/09/16

                        Hi all.

                        Around a month has gone by since I filed my defence with the courts. Today, we have finally received a response from Lowell's in response to the CPR 3.14 and CCA requests. I have attached an image of the letter.

                        I have a couple of questions about this:

                        i) We had already established that this account isn't covered by the Consumer Credit Agreement, which is now acknowledged by the letter they have just sent. With this in mind, does this affect the original court claim, where Lowell have claimed in point one:
                        1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds Banking Group...

                        ii) If Lowell do manage to a statement of account and forward this to us and the courts, what is this likely to mean for our position?

                        iii) On another note, the will be over 30 days since the defence was filed. On the acknowledgement letter we received from the court, it stated that Lowells had 28 days to respond to the claim. When would I expect to hear an update on this from the court, and is there anything I should do at this stage?

                        iv) One more thing on the letter: Lowells seem to trying to generate a call to action from us ("Failure to respond to us in 14 days [to pay in full, if we have admitted the debt, which we obviously haven't] may result in us applying for a County Court Judgement (CCJ) in default to be issued against you with terms set out by the court"). I am presuming that as this is already in the hands of the court, I should just ignore this, and continue with the ongoing proceedings, or is this Lowells trying to create a separate case against us?

                        Many thanks for you responses and help so far - it has been a real support!

                        Tagging: [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]
                        Attached Files

                        Comment


                        • #27
                          Re: Court claim - Lowell/Lloyds - 27/09/16

                          iii) On another note, the will be over 30 days since the defence was filed. On the acknowledgement letter we received from the court, it stated that Lowells had 28 days to respond to the claim. When would I expect to hear an update on this from the court, and is there anything I should do at this stage?
                          If it were me, I would phone the court for an update on the status of the claim.
                          There is a possibility it may be stayed; unfortunately the court does not give you notice of this.
                          How are you progressing with your SB evidence?
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #28
                            Re: Court claim - Lowell/Lloyds - 27/09/16

                            Thanks for the reply.

                            Ok, I'll get in touch with the courts this week. If the case is stayed, what does this mean going forward? Am I right to think that Lowell's can apply to a judge to re-open the case if they come up with some evidence?

                            I was pretty delayed getting the SAR letter off, so it might be a couple of weeks before I get something back from Lloyds, unfortunately.

                            Comment


                            • #29
                              Re: Court claim - Lowell/Lloyds - 27/09/16

                              Originally posted by whitevinyl View Post
                              Thanks for the reply.

                              Ok, I'll get in touch with the courts this week. If the case is stayed, what does this mean going forward? Am I right to think that Lowell's can apply to a judge to re-open the case if they come up with some evidence?

                              I was pretty delayed getting the SAR letter off, so it might be a couple of weeks before I get something back from Lloyds, unfortunately.
                              If Lowell wishes to continue the claim they have to pay a fee to do so.

                              nem

                              Comment


                              • #30
                                Re: Court claim - Lowell/Lloyds - 27/09/16

                                I see, so they are only likely to proceed if they have the evidence to push through the claim.

                                What concerns me is that if the case is stayed, then there isn't a definitive conclusion to the case if there is always an option for it to continue. I would really like to have a definite resolution over this in order to not have it hanging over our heads.

                                Is there anything I might be able to do to achieve this in the event that the case is stayed?

                                Comment

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