Lowell CCBC Claim Form (Tesco Bank Credit Card)

[Farnz2]

Hiya,

im absolutely desperate for some help on a ‘Claim Form’ received from CCBC.

The Claimant is ‘Lowell’ who are seeking money’s owed on a ‘Tesco Credit Card’ took out in 2007 which defaulted more than 6years ago and has dropped off my credit file... But the last payment paid towards this debt was via a debt management company on the 6th August 2014 (which ended due to something that happened to the plan / company? Can’t really remember).

I have admittedly ignored any correspondence from any debt collection company and think I have ended up in an hole now (and have paid for it so badly over the years due to the effect this has had on my credit file), silly things I did when I was young and didn’t understand the consequences!

Now do I challenge the debt to see if they hold the correct paperwork to enforce or do I admit guilt? But by admitting at this stage I would not be able to pay In full and would this lead to a CCJ?

The letter was sent dated the 27/07/18 and I have done nothing with it as I thought this was a fake letter because of how poor the quality is and the none official markings, but after doing a bit of research online I’m quite worried sick about it.

I have tried to follow other certain forums but it just confuses the living daylights out of me! Apologies now for the amateurness.

Many Thanks

Marc

[Amethyst]

No worries at all, we won't judge you and it's better to ask than flounder about and end up adding yourself to the 87% who just ignore court claims and let them go to a default judgment .... so happy for you to ask as many daft questions as you like.

Okay, FIRST - acknowledge the claim if you haven't... see red bit below.... then have a read through the First Steps post - that should give you a good overview of how we tend to do things... the rest of the links are going through the court process from here on.... things can change at any point so always keep your thread updated, and don't be shy to tag someone ( Amethyst for example ) or PM someone for help if you don't get any replies for a while.


First Steps

Check dates
Acknowledge Claim - DO THIS TODAY !!! ( if your claim is dated 27th July you only have 14 days to acknowledge - which is near )


CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence

It's a shame about the DMP, and about it going tits up - sadly a number of them went under when the FCA took over regulating them ( for the better !) Do you know which company it was? ( for nosiness purposes more than necessity )

[Farnz2]

Amethyst Thanks!
The DMP was Churchwood, at the time it helped massively get the none stop badgering off my back but in the long run it meant I would of been in a grave before it was all sorted ;( (kind of glad it got shut down)

I never realised you had replied until this morning and I have now acknowledged my claim via moneyclaim.gov.uk, just in the nick of time.

So next I have to do a ‘CCA Request’ and I have clicked on your link and there is a brief version and a more detailed version, which do you recommend i send? And do I get that sent straight away?
Also after that letter is sent do I await a reply before doing anything else?

Many Thanks

*Really do appreciate the fact you actually replied and acknowledged my need for help! If there is any link where I can donate for help of the sites costs then please do send me the link

[Amethyst]

Phew !!! Glad you got the acknowlegdment in.

Ahh Churchwood, yes, these kind of DMPs were okay as a way of getting some breathing space to get yourself sorted out …. it's when they turn into long term things they just cause problems and cost a fortune. The FCA has done a pretty good ( if slow ) job at getting rid of the crap ones. Sad thing is when they closed down people in the DMPs often just got left hanging and didn't sort things out moving forwards.

CCA Request - short version is fine - you also want the CPR 31.14 request ( CPR 31.14 Request )


You now have until the 25th August to file your defence.... it is unlikely you'll get all the information/documents back before then, so rather than waiting for responses, keep an eye on the clock and prepare your defence. If anything does turn up then you can amend before submitting, but it needs to go in on time EVEN IF they reply and say the account is on hold...IT ISN'T - you are on court timetable now.

No need to donate - I much prefer it if, once you've sorted your case, you stick about and help others with the knowledge and experience you have

Now, you haven't said how much this is for yet ? So need to know that.

This is quite recent 2007... do you have any idea if it was applied for online or via a in store leaflet thing ? It is likely the documents will be available and compliant so you should think about settlement ( just think, don't do anything yet )… any other disputes at all with the card ?

Is your priority not getting a CCJ ? or not paying the debt ? ( I know both would be best but people have different goals )


Oh, also.... if your DMP died in 2014/15 some of your others might start popping back up as well, so worth looking at your overall situation debt wise so you're prepared - but deal with this first xxx

[Farnz2]

Wicked!

The amount owed was to the total of £2263.83 and was applied for online.

My aim is for nothing else to go onto my credit score as it’s now most recently started building back up, if there was anything they haven’t done properly and it turns in my favour then bonus but I’m not ashamed to admit I had the money and it needs paying back (preferably a monthly plan as I don’t have that cash readily available).

I don’t have anymore disputes with the card, to be fair if I managed it better at the time I would probably still have it now ☺️.

So with regards to the ‘CCA’ and the ‘CPR 31.14’ do I send these both straight away together to both Lowell’s and their Solicitors? Or is there a space of time to when I send each one?

There is another account through Lloyd’s to the value of around £5500 which was around the same time period, and I’m sure this sits with Lowell and when this is sorted and I speak with them about a plan I will ask them to sort that aswell..

On a side note do you reckon it would be worth me offering 50% for both accounts to clear and getting a bank loan to pay off (I could afford it but don’t know if it’s the right route) your thoughts would be greatly appreciated

Kind Regards

[Amethyst]

Yes you can send the CCA and CPR request today.

CPR goes to the Solicitors

CCA goes direct to Lowell

I can't, of course, condone taking out more debt to pay off old debt - it's a vicious cycle and rarely ends well.

It is unlikely you'd get a discount at this stage on a settlement offer, but if you wait until after 12 days from sending the CCA request - you MIGHT stand a better chance ( as they can't enforce while that is outstanding ) - you could still sort out payment by installments without having the CCJ if you can negotiate it with Lowell - this would be under something called a Tomlin Order or Consent Order - in which the Claimant agrees to just put the court claim on hold while you make payments, with the security that they can ask for judgment should you default on any payments.

Downside is you could pay the installments fine for 3 years, then circumstances change and you miss a couple of payments, you then get the CCJ ... which lasts 6 years.... so you could be prolonging the agony.

There will be other chances to negotiate settlement through out the claim. After you file your defence the court will send you a 'directions questionnaire' and will offer Mediation to the parties... so you can use that mediation to negotiate if you don't wish to continue.

[Farnz2]

Hi Amethyst & Kati,
So I got my CCA request out on the 10/08 (signed received by Lowell’s on the 11/08) but then like a divvy I forgot to post the CPR 31.14 until the 22/08 (signed received by Lowell’s solicitors on the 23/08) to which the letter says they have 7days from date of receipt to reply but my case needs to be submitted on the 25/08..

Is there anything I can do to buy some more time till I receive the letter back from the solicitors?

Sorry I slipped up there!!

Kind Regards

[Amethyst]

Oops, but don't worry, the CCA request is the most important one, so if you've had nothing back you can still use the standard defence, by the time it is read the 7 days will be up in any case

[Farnz2]

Thanks @Amethyst,

Do I need to doctor the standard defence and delete the relevant lines or just leave and enter the information where required?

for example it says about the cpr31.14 being sent and they haven’t replied within 7days do I leave or remove given the time I sent that last letter?

Also Lowell’s replied today saying they have requested the information I have requested and will get it over.

Many Thanks ☺️

[Farnz2]

Amethyst

[MIKE770]

just amend to state :- on such a date a request for CPR31.14 requested request outstanding = same with CCA1974 (request on such a date) outstanding

if they are when you send defence in, pays to pop defence on here minus opersonal info for the peeps to look at before you send off and amend where necessary

[Farnz2]

Thanks MIKE770

My Defence I put together currently reads;

1. I received the claim XXXXXXX from the Northampton County Court on 27/07/18
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an agreement with Tesco Bank for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Tesco Bank to Lowell Portfolio on 08/11/2017. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Tesco Bank 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 22/08/18 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement and Notice of Assignment.
9. Lowell Solicitors Limited has not sent any of these documents to me.
10. On the 10/08/18 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. 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.
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.

Would that be ok to submit? got to do it today

Many Thanks

[Farnz2]

As a little further info I haven't had anything back from Lowell other than a letter yesterday claiming they have requested a copy of the agreement (This was from the CCA request received by Lowell on 11/08)

&

I only sent the CPR31.14 on Wednesday to which Lowell Solicitors received it on the 23/08.

[MIKE770]

addendum :- to copy of (Alledged) agreement! within statement, remember do not send it of on MCOL until the day before due, do not let them see it prior as they may make extra efforts to trash your statement, sure Amethyst will advise also before you do anytrhing?

[Farnz2]

Thanks Mike!

Amethyst Can you have a look over my Defence above please

As per Mike's comment I have relabelled reference to agreement as (Alleged) agreement

Kind Regards