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

[Amethyst]

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

That's quite standard so don't worry. Just means they have confirmed receipt of your defence and informed the court they wish to continue. You should next receive an allocation/directions questionnaire from the court so the case is transferred to your local court.

What did you enter as your defence ?

[jse85883]

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

Hi Amethyst thanks for getting back to me,

I have a copy of my defense at work and will post it on here tomorrow, A brief outline of my defense was to quote the cpr non responses that they refuse to comply with, but like i say i will post tomorrow.

I take it i should make no contact with them?

thanks
J

[Amethyst]

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

Do you want to negotiate a settlement or installment offer of the debt ?

[jse85883]

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

I suppose it depends if I'm confident the court will throw it out if they have no documentation to provide me

[jse85883]

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

Good evening everyone,

I have a further update that i dont understand what it means please help!!!

This comes from Northampton county court

Before deputy district judge Murray Smith sitting at Northampton (CCBC) County Court, 4th floor st katharine's HOUSE, 21-27 ST Katharines street, northampton NN1 2LH on the 18th March 2014

It is ordered that:

1. No power to order specific disclosure in SCT cases.

2. Defendant to file defence by 4pm on 3rd april.

Note: this order has been made without a hearing under the courts case management powers contained in the Civil Procedure rules part 3. You may within 7 days of the service of this order, apply to the court to set aside or to vary the order under Part 23 Rule 10. you must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon filing of the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

what does this all mean????

thanks
J

[Amethyst]

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

Grrrr. Well it means the Judge has refused to order the claimants to supply the documents under the CPR and the case has been put in small claims track (so yes that is right)...so you have to put in a ''further'' defence by 3rd April.

I'll have a read back through, but did you send a CCA request to the claimants as well as the CPR request ?

[Amethyst]

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

Okay you think the claim is for an overdraft so the CCA won't apply if it is.

claimant Lowell Portfolio for £1304.45

Have they sent you anything at all to say what the debt is?

[jse85883]

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

hi amethyst thanks for your reply,

The only information that they have given me is that it and overdraft with lloyds and an account number

[Amethyst]

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

Do you recognise the account number ?

ie. are you in a position where you can admit or deny the debt ?

[jse85883]

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

I did had a LLoyds account, I'm unsure what the numbers where now as i don't have any documentation any more all been shredded by an ex partner!!

[Amethyst]

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

Okay let me have a chat with someone and I'll come back to you later xx

[jse85883]

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

Okay let me have a chat with someone and I'll come back to you later xx

Thanks Amethyst I will await your response, just for information if there is nothing i can defend against then what would be a resonable settlement figure and do they generally accept an offer?

[Amethyst]

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

Do you have ANY idea what you left the overdraft at before defaulting ?

[jse85883]

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

No no idea unfortunately!! I'm not sure if i left an overdraft at all!! I had an overdraft with a limit of £1000 on my LLoyds account that's all i remember

[pt2537]

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

Okay you think the claim is for an overdraft so the CCA won't apply if it is.

claimant Lowell Portfolio for £1304.45

Have they sent you anything at all to say what the debt is?

The 1974 Act does apply to OVerdrafts too, they are exempt from certain form and content requirements, but s76 & 98 do apply for example and in breach they cannot enforce.

Also other provisions apply too.