Help!! - lowells instructing bw legal on lloyds current account

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Good morning guys - I have just come home and found two letters on the mat - both from BW Legal. (redirected from my previous address) The first was a court claim form so it looks like they are going for a CCJ. The other is a letter in response to my SB letter. All the letter says is 'we write with regards to the above matter dated 27th January 2014. We have placed your file on hold whilst we are investigating the nature of your dispute with our client. Yours faithfully.'
I am really concerned as further to my recent call to Lloyds there appears to be a funds transfer from my Lloyds current account on 1st September 2009 of £45. I really don't remember doing this and am minded to think it was an automatic transfer from Lloyds (who retain the right to automatically transfer money from account to account as they have done this before on my Lloyds credit card). This would place me within the 6 years threshold and I am so worried. I don't remember getting any default letters either. What can I do. If I get a CCJ it would really affect me as I need to get a mortgage this year. Do I fill in the claim form or do I phone BW asking if they will accept a repayment schedule? Please help me as I am having a meltdown about this.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

I need to send a sar to Lloyds - could anyone let me have the letter template for this? Thanks. Also - how do I pay the £10 fee? Could I ask them to deduct it from my current account. Can this letter be emailed to Lloyds to quicken things up?

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

You say the address anything is sent to is vacant so you do not get the letters have you given them the correct address now?

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

The address is vacant save for the landlord going over to do some redecorating. I put a redirection from royal mail in place so I still get all my mail. I have not updated my address with BW as I though it wise not to.

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

If they are not aware of your correct address they will serve documents on the one they have on file this may effect you case if they go and get a CCJ you wont know about it?

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

So should I phone them and advise? Although I have had a letter saying my file is on hold pending investigations do I stil need to fill in the court claim form?

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

Ignore their on hold bull they may still go to court.

[FlamingParrot]

Re: Help!! - lowells instructing bw legal on lloyds current account

Ignore their on hold bull they may still go to court.

May still go to court? The OP has received a claim!

Good morning guys - I have just come home and found two letters on the mat - both from BW Legal. (redirected from my previous address) The first was a court claim formso it looks like they are going for a CCJ. The other is a letter in response to my SB letter. All the letter says is 'we write with regards to the above matter dated 27th January 2014. We have placed your file on hold whilst we are investigating the nature of your dispute with our client. Yours faithfully.'
I am really concerned as further to my recent call to Lloyds there appears to be a funds transfer from my Lloyds current account on 1st September 2009 of £45. I really don't remember doing this and am minded to think it was an automatic transfer from Lloyds (who retain the right to automatically transfer money from account to account as they have done this before on my Lloyds credit card). This would place me within the 6 years threshold and I am so worried. I don't remember getting any default letters either. What can I do. If I get a CCJ it would really affect me as I need to get a mortgage this year. Do I fill in the claim form or do I phone BW asking if they will accept a repayment schedule? Please help me as I am having a meltdown about this.

You should acknowledge the claim and state your intention to defend it in full for now, that should give you a total of 28 days to obtain further information and submit a defence. The 28 days are calculated by adding 5 days to the date on your claim, so you should have another 4 weeks. You can usually acknowledge online using the password printed on the claim. :typing:

I will post up a CPR request for overdrafts and a Part 18 request for information shortly.

[FlamingParrot]

Re: Help!! - lowells instructing bw legal on lloyds current account

So should I phone them and advise? Although I have had a letter saying my file is on hold pending investigations do I stil need to fill in the court claim form?

As above, you need to acknowledge the claim. Don't phone them and ignore the 'on hold' letter since a claim has been issued, an 'on hold' letter doesn't mean much. Obviously the left hand doesn't know what the right hand is doing in their offices.

I need to send a sar to Lloyds - could anyone let me have the letter template for this? Thanks. Also - how do I pay the £10 fee? Could I ask them to deduct it from my current account. Can this letter be emailed to Lloyds to quicken things up?

I could post up the template but bear in mind they have 40 days to respond to a SAR. Emailing it would only save a day or two and wouldn't make much difference. Unlike information requested via the CPR, awaiting response to a SAR is no reason to request more time to file a defence and, unless they agreed to such an extension due to another reason (related to a CPR request), you wouldn't have time to wait for the SAR to arrive.

If you wanted to send a SAR, you'd send a cheque or PO for £10 attached to the letter and send the whole lot recorded delivery.

[FlamingParrot]

Re: Help!! - lowells instructing bw legal on lloyds current account

I will post up a CPR request for overdrafts and a Part 18 request for information shortly.

Below is the CPR 31.14 request for overdrafts:

Dear Sir or Madam,

Re: xxx (claimant) v yyy (defendant)

Case No:

CPR 31.14 Request

On xx/xx/xxxx I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The agreement/overdraft facility confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
3. Notices of Sums in Arrears under running account credit CCA2006 sec 86C.
4. 4. Notice of Assignment.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence as required under CPR15.5.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

Sorry my mistake

[FlamingParrot]

Re: Help!! - lowells instructing bw legal on lloyds current account

Below is the format for a Part 18 request for information, type in the details of what you need to find out regarding the alleged payments. Unlike a SAR, they should reply in 14 days as this is a request under the CPR rather than the Data Protection Act:

IN THE xyz county court
CLAIM NO:


BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXX (claimant)

Please answer the following questions:

[INSERT YOUR QUESTIONS HERE]

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Thanks Flaming Parrot - I have sent both the SAR and completed the Acknowledgement of Servicew online. What do I do now? I will have to start thinking about a defence. What happens if BW dont actually respond to my SB letter and do not produce any proof. Presumably they dont need to as they have started a claim. Is it not me that has to produce a defence now? They may hold back on sending me any info and wait to see what I come up with. Do they need to let me see their evidence before the court makes their decision? I really need some help on this as potentially a CCJ would really .... things up for me :tinysmile_cry_t:

[FlamingParrot]

Re: Help!! - lowells instructing bw legal on lloyds current account

Thanks Flaming Parrot - I have sent both the SAR and completed the Acknowledgement of Servicew online. What do I do now?

Have you sent the CPR letters? You may not have time to wait for the response to your SAR but you can use the Part 18 letter to ask for info regarding alleged payments made into your account, i.e. ask for statements showing the payments, as well as the other request for documents relating to the claim.

I will have to start thinking about a defence. What happens if BW dont actually respond to my SB letter and do not produce any proof. Presumably they dont need to as they have started a claim. Is it not me that has to produce a defence now?

Forget about the SB letter, that was before they'd issued the claim. They now have to respond to your requests under the CPR as noted on previous posts. If you are confident that you didn't make any random payments and the account is SBd, you can submit a SBd defence. As they are the claimants, THEY have to prove it's not SBd.Yes, you have to submit a defence but you still have a few weeks, if they don't respond to your requests you can ask them to agree for an extension. If they refuse or still don't comply, then you'd have the option of either:

1. Submitting a SBd defence; or
2. Applying for an order to force them to disclose the documents.

If you are confident that the debt is SBd, you could just go for option 1. :thumb:

They may hold back on sending me any info and wait to see what I come up with. Do they need to let me see their evidence before the court makes their decision? I really need some help on this as potentially a CCJ would really .... things up for me :tinysmile_cry_t:

If you say the debt is SBd they already know what you'll come up with. It's up to them to prove it isn't. If they don't send you any evidence to substantiate that claim, then you can just go ahead and submit a SBd defence.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

I have sent the cpr letters so hopefully I will get a quick response in order that I can start compiling my defence. Once again many thanks for all your help. I will keep you updated.