County Court Claim filed by Lowell Solicitors

[Ndurennai]

Hello everyone, I'm a newbie. Lowell is pursuing me for HBOS current a/c overdraft debt as old as 2006. I acknowledged claim from County Court issued 14 Sept 18. From what I read here I did SAR to Halifax /Bank of Scotland, CCA to Lowell and CPR 31.14 to her solicitor but, I am yet to receive any response.

Please what is the deadline for me to file a defense? Any other tips would be appreciated.

Thanks all

[jaguarsuk]

4pm 33 days from the date on the claim form, but if that falls on a weekend or public holiday the next working day after. Check dates

[Ndurennai]

4pm 33 days from the date on the claim form, but if that falls on a weekend or public holiday the next working day after. Check dates

I guess I must submit defense tomorrow or monday, given that claim Issue date is 14/09/2018 and I acknowledged it on th 18th Sept? I believe this claim will be struck out, because I held 2 similar current account with overdraft, and I received yesterday by LOWELL noting we have closed the account? any reply will be appreciated

[jaguarsuk]

Yes, file a defence today by 4pm, as your deadline fell on a weekend you have until 4pm the next day to file.

Until you receive a Notice if discontinuance for this claim it is live and you need to adhere to the deadlines and prepare as if it were going to court. And if no notice is forthcoming go to court.

[Ndurennai]

I filed my defence on time which was acknowledged by court. Received letter from LOWELL Solictors today stating that they agreed to mediation. I haven't received similar questionnaire from court yet?

[jaguarsuk]

You will get one in due course, they have to send theirs back to the court first.

[Ndurennai]

Hi VIP's and every member,

I would once again appeal for your help regarding this matter, court hearing is fixed for 18th June 2019.

Claimant didn't reply to CPR 31.14, is there anything else I could do before hearing?

SAR to original creditor came back with more shocking details (so many high charges/fees); I don't know if it's too late to challenge these charges and escalate to FOS for refund? Just after ringing OC for details they refunded small charges but paid it to Lowell



Info reported to CRA all made up (DD, BAL incl court fees plus int whereas they've not won the case yet, etc).. I've raised dispute? Orig creditor said they never defaulted account

SB as at 1st Feb 13 (last date I made payment to the account; no regular payment because it's Bank Acc OvDraft. Alc opened and operated in Scotland for a decade until I moved to England 4 yrs ago, so if viewed as Scottish Acc then 5 years is gone past?

Any advice especially for lines above with question marks would be appreciated. Thanks

[Ndurennai]

There are Overdraft and interest charges, may be I'm due a PPI if they are still claiming?

[sloane82]

How much is the debt for?

[charitynjw]

Send them a CCA ss77-79 request?

(MFS Portfolio Limited v Phelan & West - –Appeal)

[sloane82]

Whats a CCA ss77-79?

[charitynjw]

Whats a CCA ss77-79?

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[MIKE770]

CCA Request

[sloane82]

Oh right.

[sloane82]

Do a subject acess request directly to Halifax this is now statute barred so they cannot ask you to pay the amount, have you paid anything to them?