** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

[FlamingParrot]

Re: Please Help!!!! Lowell / Lloyds

They are definitely parasites for sure. will you be able to take me through the procedure on what to do, i read in the other thread to send the letter requesting documentation and information is that the first thing to do. I have already registered with the court to say I will fight this!! not the correct terminology I know

If this was for a current account overdraft, you wouldn't send the CCA request that others have sent, however, you should send the CPR 31.14 request to BC as follows. No fee is required with this letter but it's a good idea to send it recorded delivery. :thumb:

They should reply in 7 days (they never do ), if not, you should contact them requesting an extension (they usually refuse, but you have to follow the process).

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

[Inca]

Re: Please Help!!!! Lowell / Lloyds

Ok,,Educating Inca time....

Does the SB clock tick on OD's the same as it does on credit cards?
If so,,this OP has 2 years left so therefore the claim is valid and as OP DOES owe the money could/would they lose the argument and be forced to pay or risk BR or a charging order?

Am asking because I'm genuinely interested and OP seems to need the same answers :tinysmile_grin_t:

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

If this was for a current account overdraft, you wouldn't send the CCA request that others have sent, however, you should send the CPR 31.14 request to BC as follows. No fee is required with this letter but it's a good idea to send it recorded delivery. :thumb:

They should reply in 7 days (they never do ), if not, you should contact them requesting an extension (they usually refuse, but you have to follow the process).

Thanks again Flaming Parrot

Do I send this letter to the claimant or the solicitors acting on there behalf?

And do you have a response to Inca's question at all? will I suffer any future charges?

Thanks

J

[FlamingParrot]

Re: Please Help!!!! Lowell / Lloyds

Thanks again Flaming Parrot

Do I send this letter to the claimant or the solicitors acting on there behalf?

The CPR 31.14 request letter goes to the solicitors, Bryan Carter.

And do you have a response to Inca's question at all? will I suffer any future charges?

Does the SB clock tick on OD's the same as it does on credit cards?

It's a bit trickier with O/Ds because there are no set payment dates. With a credit card, the cause of action would be when you first miss a payment, i.e. just over a month after your last payment. With an O/D, the cause of action could be months after money was last paid into the current account, when the bank decides to recall the overdraft.

In some cases, a current account can be overdrawn without payments for a long time without the bank taking any action, I've posted somewhere I have a business account without an O/D facility that went overdrawn when I stopped using it for a couple of years and the bank kept applying fees and charges. Despite not paying anything into it for around a year, it never got recalled or defaulted, in fact, I'm still using the account. I guess it all depends on the amount, when accounts are overdrawn by a few hundred, the bank may not bother to recall the O/D as quickly as it would if it was overdrawn by thousands.

If so,,this OP has 2 years left so therefore the claim is valid and as OP DOES owe the money could/would they lose the argument and be forced to pay or risk BR or a charging order?

When claims are issued using the bulk centre, the particulars are very sparse and there is no requirement to attach any documents, leaving you largely in the dark. In this case the OP stated:

I'm now in possession of a court claim form from a claimant Lowell Portfolio for £1304.45 dated 07 Feb 2014. It looks like an old overdraft from a Lloyds account in 2009 but cant be sure!.

The purpose of the CPR request is to obtain the necessary information to assess your position and decide on a course of action. If you think the account could be enforceable (which is not the same as whether you owe the money or not), then you may consider making a repayment offer or opting for a Tomlin Order to avoid a CCJ, but you wouldn't do that without even being sure what the claim is for. :noidea:

In some cases, the claimant may be unable to produce any documents and may decide not to proceed with the claim, or the defendant could apply to the court for an order to disclose documents or the claim gets struck out. :thumb: It's all part of a process to be followed.

With regards to BR, in this case, Lowell are aiming for a CCJ by pursuing the county court route as opposed to the insolvency route, in which case they'd have issued a SD as the debt is over £750. As for a charging order, if Lowell obtained a CCJ they could apply for one, provided the OP is a homeowner, however, this would also be the case if the OP had just admitted the claim, as an admission would normally result in a CCJ. This way, there are still options to avoid it. :grin:

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

The CPR 31.14 request letter goes to the solicitors, Bryan Carter.


It's a bit trickier with O/Ds because there are no set payment dates. With a credit card, the cause of action would be when you first miss a payment, i.e. just over a month after your last payment. With an O/D, the cause of action could be months after money was last paid into the current account, when the bank decides to recall the overdraft.

In some cases, a current account can be overdrawn without payments for a long time without the bank taking any action, I've posted somewhere I have a business account without an O/D facility that went overdrawn when I stopped using it for a couple of years and the bank kept applying fees and charges. Despite not paying anything into it for around a year, it never got recalled or defaulted, in fact, I'm still using the account. I guess it all depends on the amount, when accounts are overdrawn by a few hundred, the bank may not bother to recall the O/D as quickly as it would if it was overdrawn by thousands.
When claims are issued using the bulk centre, the particulars are very sparse and there is no requirement to attach any documents, leaving you largely in the dark. In this case the OP stated:


The purpose of the CPR request is to obtain the necessary information to assess your position and decide on a course of action. If you think the account could be enforceable (which is not the same as whether you owe the money or not), then you may consider making a repayment offer or opting for a Tomlin Order to avoid a CCJ, but you wouldn't do that without even being sure what the claim is for. :noidea:

In some cases, the claimant may be unable to produce any documents and may decide not to proceed with the claim, or the defendant could apply to the court for an order to disclose documents or the claim gets struck out. :thumb: It's all part of a process to be followed.

With regards to BR, in this case, Lowell are aiming for a CCJ by pursuing the county court route as opposed to the insolvency route, in which case they'd have issued a SD as the debt is over £750. As for a charging order, if Lowell obtained a CCJ they could apply for one, provided the OP is a homeowner, however, this would also be the case if the OP had just admitted the claim, as an admission would normally result in a CCJ. This way, there are still options to avoid it. :grin:

Fantastic post Flaming Parrot,

I will send the letter by recorded FED/EX and await there response. As soon as I have an update I will let you know.

Thanks so much for your help so far.

J

[Inca]

Re: Please Help!!!! Lowell / Lloyds

Thanks FP...I shall have to read your post a few times before my brain absorbs it all,,flipping complicated process isn't it?

[FlamingParrot]

Re: Please Help!!!! Lowell / Lloyds

Thanks FP...I shall have to read your post a few times before my brain absorbs it all,,flipping complicated process isn't it?

It's a tactical game, just like playing poker, you need to know when to call their bluff but not let them call yours!

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Hi, I am now In receipt of a letter from Bryan Carter solicitors replying to the CPR 31.14 request, the letter reads as follows

Dear Mr Evans

We write to your recent correspondence requesting disclosure under Part 31 of the civil Procedure Rules.

We confirm the Claim Form was issued by Northampton County Court Bulk Centre and the Court's Protocol was followed when issuing the claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents of the particulars of Claim when they are issued by this court.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

In any event Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

It is the original creditor's policy to issue agreement and, in this regard, we ask you to refer to your own records.

We confirm we are not agreeable to an extension for filing your defence.

We confirm we are not in receipt of your acknowledgement of service.

As you will be aware a Claim was issued in this matter on 6 February 2014. Please respond to the Claim using the Response pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you.

We recommend you seek independent legal advice.




Ok so basically I'm reading that as we don't have to give you any information the case will continue as is???
Please can you advise what I can do next?

Thanks
J

[ostell]

Re: Please Help!!!! Lowell / Lloyds

Others will advice with more authority but the case has not been allocated to a track and therefore the rules still apply so they should send you the info. You may find a suitable response if you search around.

[pt2537]

Re: Please Help!!!! Lowell / Lloyds

The refusal to allow an extension is unreasonable. An application to the Court will be necessary to move this matter forward, the letter from Carter will make a worthy exhibit to this. Do not under any circumstances edit or deface that letter!!!!

The refusal to provide a copy of the contract also causes them a problem or two as how can you possibly defend a case with no docs, when the claim is founded on a contract.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Ok thank you for your advice, do you have a detailed response to this at all?

Thanks
J

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Hope someone can help!!! Where is Flamming Parrot when I need him
I've got till 6th March to defend!!!

J

[Streetwise]

Re: Please Help!!!! Lowell / Lloyds

Hope someone can help!!! Where is Flamming Parrot when I need him
I've got till 6th March to defend!!!

J

HER.

[Streetwise]

Re: Please Help!!!! Lowell / Lloyds

The refusal to allow an extension is unreasonable. An application to the Court will be necessary to move this matter forward, the letter from Carter will make a worthy exhibit to this. Do not under any circumstances edit or deface that letter!!!!

The refusal to provide a copy of the contract also causes them a problem or two as how can you possibly defend a case with no docs, when the claim is founded on a contract.

Did you read this.

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds

Here's the next steps if you want to apply to the court to force them to comply with the CPR request http://www.legalbeagles.info/forums/...ic-information (post 3 onwards for the application)

Or you can enter a defence saying pretty much the same thing.

Post anything up and ask any questions and we'll help you with it.