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Lloyds TSB/Lowells/BW Legal

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  • #1

    Lloyds TSB/Lowells/BW Legal

    Hello all,

    Firstly thank you all for your contributions to this website i believe its been extremely helpful in our battle against these crooks... however now i'm a bit stumped.

    Long Story short... my other half withdrew some money whilst working abroad in the Summer of 2008 and was charged by Lloyds TSB. Being away he kinda put it to the back of this mind and when we got back the charges had mounted up so he refused to pay it! Having no permanent residence he got away with this... until recently!

    We have been living in our own flat for 2.5 years and Lowells have contacted him saying he owes this money etc. He ignored the letters but it has started to get more serious.

    After numerous threatening letters, this debt (now at £542.49) has now been passed to BW Legal. I came on here and decided to follow the 3 letter solution I found at www.getoutofdebtfree.org
    Letter 1- sent 30th January/ recieved 31st - no response
    Letter 2 - sent sent 7th Feb/ recieved 10th no response...

    However on the 11th The Northampton Court sent through the papers which he had been threatened with. Now my understanding of this is he has 14 day to register that he will be contesting the claims and then another 14 days to create a defense.

    So we then sent a CPR and a CCA letter (and £1 fee) to Lowells and BW Legal on 12th Feb, asking for copies of all documents to prove their claims against my OH.

    Role on today (14th Feb) and BW Legal have responded to the 2nd letter stating that they are obtaining copies of the documents and please bear with us until we can obtain the documents from the original creditor not Lowells.

    So my question is now this;
    1) do we send the third letter or no need to bother?
    2) My OH needs to register his intention to defend by 25th Feb... do we need an extension for the defence due date based on how long it will take BW Legal to provide this proof of their claim?

    I'm just concerned now that he has had the Court Stuff through and literally has hardly any time at all!

    I just dont really know what the next step is? Will he have to go to court? How do you put together a defence?

    Thanks in advance for any help

    N Theo
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  • #2
    Re: Lloyds TSB/Lowells/BW Legal

    Definately do NOT send the third letter.

    Good that you have sent the CPR and CCA letters, all you do need to do now is to acknowldge the claim through moneyclaimonline - ticking 'intend to defend' - which gives you the full 28 days from service.

    That will take you to around 29th to have defence entered so you have a week to not worry and wait for the responses to CCA and CPR requests. If nothing by around 22nd then ask BC for an extension.

    Just checking - were the CCA and CPR requests from here ( LB ) or GOODF ? IF GOODF could you post them up just so we can make sure they are correct.
    #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
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    • #3
      Re: Lloyds TSB/Lowells/BW Legal

      Originally posted by ninatheo18 View Post
      Long Story short... my other half withdrew some money whilst working abroad in the Summer of 2008 and was charged by Lloyds TSB. Being away he kinda put it to the back of this mind and when we got back the charges had mounted up so he refused to pay it! Having no permanent residence he got away with this... until recently!

      We have been living in our own flat for 2.5 years and Lowells have contacted him saying he owes this money etc. He ignored the letters but it has started to get more serious.

      After numerous threatening letters, this debt (now at £542.49) has now been passed to BW Legal. I came on here and decided to follow the 3 letter solution I found at www.getoutofdebtfree.org
      Letter 1- sent 30th January/ recieved 31st - no response
      Letter 2 - sent sent 7th Feb/ recieved 10th no response...

      However on the 11th The Northampton Court sent through the papers which he had been threatened with. Now my understanding of this is he has 14 day to register that he will be contesting the claims and then another 14 days to create a defense.

      So we then sent a CPR and a CCA letter (and £1 fee) to Lowells and BW Legal on 12th Feb, asking for copies of all documents to prove their claims against my OH.

      Role on today (14th Feb) and BW Legal have responded to the 2nd letter stating that they are obtaining copies of the documents and please bear with us until we can obtain the documents from the original creditor not Lowells.
      What is this debt for? From details above, it appears to have been a current account overdraft, in which case the CCA request wouldn't apply anyway. The CPR request for overdrafts is a bit different as well.

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      SHORTCUTS


      First Steps
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      NOTE: If you receive a court claim note these dates in your calendar ...
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      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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