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

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

any news?

Hi Amethyst, the only update I have is that I have a mediation telephone call booked for the 28th, it will be interesting what they will come to the table with. I'm not sure how aggressive or obstructive I should be as the way things have progressed so far I've lost a bit of faith in the strength of my case!! The main case being is that I have no information or understanding of the debt and they wont provide me information to either admit or defend!

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

''The main case being is that I have no information or understanding of the debt and they wont provide me information to either admit or defend! ''

That's a pretty strong case in my book for making them allow inspection of the documents they are relying on to bring the case.

5. The Defendant admits having held banking and credit accounts with Lloyds historically however is unaware of any debt owing to Lloyds. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

6. No date of inception of the account has been given.

7. The sparse particulars of claim state that the account was assigned from Lloyds to Lowell Portfolio on 24/06/2013. The Defendant has not received any notification of this assignment.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Thanks Amethyst, I think the mediation will be a total waste of time but we will see!

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Does anybody know what they may of paid Lloyds for a £1100 debt out of interest?

[FlamingParrot]

Re: Please Help!!!! Lowell / Lloyds court claim

Does anybody know what they may of paid Lloyds for a £1100 debt out of interest?

That information is not publicly available but a rough gue$$timate would be around 10%, i.e. £110!

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

That information is not publicly available but a rough gue$$timate would be around 10%, i.e. £110!

Thanks Flaming Parrot, It was just out of interest going into this mediation session its good knowledge to have I feel.

[Kafka]

Re: Please Help!!!! Lowell / Lloyds court claim

That information is not publicly available but a rough gue$$timate would be around 10%, i.e. £110!

Methinks our avian friend doth jeste. Verily tis said too bee nay more than 4 or eeven 5 percents.

[Kafka]

Re: Please Help!!!! Lowell / Lloyds court claim

Thanks Flaming Parrot, It was just out of interest going into this mediation session its good knowledge to have I feel.

I went through telephone mediation once and it was a total waste of time. However you must show willing or it can be used against you!

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Good Afternoon everyone, its been a while since any developments but I have had a letter today from Chelmsford County Court saying:

On the courts own initiative

IT IS ORDERED THAT

1. THE CLAIMANT DO FILE AND SERVE A REPLY TO THE DEFENCE DEALING WITH ALL MATTERS AND ISSUES RAISED THEREIN BY THE 7 JULY 2014

2. THIS ORDER WAS MADE OF THE COURTS OWN INITIATIVE PERSUANT TO CPR PART 3.3(4). YOU MAY APPLY TO SET ASIDE,VARY OR STAY THE ORDER BUT SUCH APPLICATION MUST BE MADE BY 7 DAYS. CPR PART 3.3(5) AND (6)

Well this seems like very good news if I read into it, finally the court has listened to my defence and done something about it!!
I'm presuming LowellPortfolio will not have the information we requested some time ago, so only time will tell!!

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Good Afternoon, thought id swing by with an update, well there is no update!! Lowells/Brian Carter responded to the court with a less than conclusive explanation and I've heard nothing for months. Not sure what to expect next?

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Did they enter their reply before the 7th July ?

Have you spoken to the court to find out the status of the claim ? If not, I would, just to be sure nothing odd has gone on.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Good Morning. (happy new year!!)

OMG an update has arrived on the door mat!!
After the court not doing anything for 5 months they have finally decided to issue a court date for the 09 April 2015 at Chelmsford

Here's my questions:

There is one statement on the letter that says : Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing!

To date I've never seen and I believe they don't possess any signed documentation between myself and Lloyds

I'm starting to get very nervous about a judgement because of the amazing advice you have all given me and all the steps I have taken the courts seem relentless on siding with the claimant even though they don't seem to have the documentation to prove anything. I'm starting to feel I'm fighting a lost cause!!

Is there any way I can interject before the court date and stop this continuing?

Thank you for your continued support

Justin

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Morning

Any help on what I do next please?

Thanks in advance
Justin

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

You need to think of your defence and what you need for it.

For example (i haven't read your defence to put this together btw),

If you claim they failed to fulfil a s78 request you'll need the letter and proof of posting. (the witness statement should say you sent it and received no reply/faulty reply)

If you claim the default notice is bad you'll need that. (witness statement says how/ when you got it, skeleton argument says why it's faulty)

If you claim bad execution and unenforceable via s127 (3) you'll need to explain in your witness statement the circumstances of signing up and what you recall and you'll need a copy of what you did get (even if that was sent later)

etc etc

M1

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Thanks Mystery,

I've always taken the tact in this case that I do not recognise the debt and they need to provide me paperwork proof that it exists which they haven't. If you see back on the trail, when I challenge the court to place an order for them to do so the court came back with unenforceable as the case would be a small claim track case, even though it hadn't at that point been categorised, this was probably my fault for not being present at court when the judge made the decision!

What I probably want to say is that I'm starting to get nervous about the courts and there actions and whether one of you very experienced people on here would go back through my trail of post and guide me in a way to either continue or get out before getting hit with a CCJ!

Thanks
Justin