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

[mystery1]

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

Ok details of the claim as follows:


This claim is for 1104.49 the amount due under an agreement between the original creditor and the defendant to provide finance and/or goods.
This debt was assigned to/purchased by Lowell Portfolio I ltd on 24/06/2013 and notice served pursuant to the law of property act 1925


Particulars Re Lloyds
A/c 7767**********


And the claimant claims 1104.49


The claimant also claims interest pursuant to s69 county court act 1984 from 24/06/2013 to date at 8% per annum amounting to 54.96


amount claimed: 1159.45
court fee: 65.00
solicitors costs: 80
total amount 1304.45


Rough defence posted by [MENTION=6]Amethyst[/MENTION]

1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alledged to be owed to Lloyds on A/C No. 7767…………

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

4. The Defendant is unaware of having purchased any goods from Lloyds at any time.

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.

8. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

Accordingly, the Defendant avers that

9. The Claimant has failed to plead properly in this matter

10. Therefore, the Claimants Claim should be dismissed.

11. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.




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)




That appears to be the limited information i can gather from the thread.

Is that your defence ?

M1

[jse85883]

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

Hi [MENTION=5354]mystery1[/MENTION]

Thank you for your reply.

Yes basically that is my defence that I am admit I have had a Lloyds account in the past but I have no reference to this account number and debt.

To date they haven't given me any documentation to the contrary all they have replied with are standardized letters mention some dates and account number and a debt!

There is a part in the trail where the court refused my order to force them to produce documents which Amethyst said was incorrect of them and in hindsight I should of attended the court in person to argue.

If I am to continue this you mentioned a witness statement in a previous reply is this something you could help with? or what would you advise my best move to be please?

Thanks you for all your continued support

Justin

[mystery1]

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

Well as i see it they were ordered to submit a reply to defence and you say they haven't ?

If this is correct then your witness statement is going to say very little as your defence says most of what you need. You do not make any real contentions such as document a fails to comply with the law etc.

The basis of a witness statment is https://www.justice.gov.uk/courts/pr...ess-statements and you just tell a story to the court. To compliment the defence seen here what do you need to say ? In my view, to compliment your defence now i know what it is, not much at all.


It's a waiting game really. What will they send to prove their claim ? If nothing, or nothing of note, you should win. If it's more substantial you'll need to reply quickly as they'll cut it fine or be late anyway.

@Amethyst ; may have more to add.

M1

[jse85883]

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

Thank you [MENTION=5354]mystery1[/MENTION]

[MENTION=6]Amethyst[/MENTION] can you add anything to this please?

Thanks
Justin

[Amethyst]

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

If the claimants havn't complied with the order to respond to the defence the claim would have been stayed, so why there is a hearing I'm not sure.

Have you called the court and asked what the status of the claim is,??? have the claimants belatedly replied to your defence with documents but not sent you copies ? You need to know what the hearing is for and what instigated it so long after their non compliance with the order to reply to the defence. Need to know that to know what WS you need to write and what evidence to put in to court.


EDIT: Just read back a bit

Lowells/Brian Carter responded to the court with a less than conclusive explanation and I've heard nothing for months

arrghhh

bit of a bummer as that was 2 months late and could have really asked for sanctions/strike out after they missed 7th July deadline.

What was their 'non conclusive explanation' ?

[jse85883]

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

Hi [MENTION=6]Amethyst[/MENTION]

Attached is their reply. there was no supporting documentation sent with it.

1. The Defendant entered into an Agreement with Lloyds (the 'Original Creditor') on 12 December 1997 (the Agreement)

2. The Defendant sought by entering into this Agreement advances for the procurement of goods and services which the Original Creditor would facilitate and for which the Defendant was issued with an overdraft, under account number: 777777777777

3. The defendant accepted the terms and conditions of the agreement and used the facility to obtain goods and services.

4. The account was assigned to the Claimant on 24 June 2013

5. The account feel default on 27 November 2009 in the sum of £1104.49

6. The Claimants solicitors received an undated letter from the defendant on 20 February 2014 requesting documentation pursuant to Part 31 of the civil procedure rules ('CPR')

7. The claimants solicitors replied to the defendant on 20 February 2014 stating that the claim will most properly be allocated to the small claims track and part 31 of the cpr does not apply, further, the defendant was recommended to refer to his own records for documentation and seek independent legalk advice.

8. the defendant states under cpr part 16.5 (4) the claimant is required to provide documents however practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of the claim when they are issued by the county court Northampton business centre.

9 The defendant has no real prospect of successfully defending this claim.

10. The claimant requests that the defendants defence be struck out and judgement be entered in favour of the claimant.



Thanks Justin

[Amethyst]

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

Ok, so I guess they have told you it is an overdraft debt now at least.

Does the account number match your old bank account?

Any issues with the overdraft ?


nb defence

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.

Still no default notice or notice of assignment, or terms of the account, and breakdown of the amount owed ....

[jse85883]

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

Hi [MENTION=6]Amethyst[/MENTION]

Thanks for the response

The basis of my defence is I don't know the answer to those two questions, I know I've had accounts and overdrafts with Lloyds but don't have any details of them now! but having said that the account number looks familiar as I remember the 666 in it!

Still have not received a single piece of documentation from Lowells or Bryan carters. all they have given me is the total debt amount plus there charges

Thanks
Justin

[jse85883]

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

Hi @Amethyst
;
Any update please?

Justin

[Amethyst]

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

The hearing then is their application to strike your defence out so you'll need to send in a WS against that stating your case, which is basically just backing up your defence that you don;t have any documents or evidence Lowells are entitled to collect on any alleged debt. Basically a mini version of your defence answering the WS sent by the claimants, so for example;

They said.....

4. The account was assigned to the Claimant on 24 June 2013

So you say....

4. The claimant states the account was assigned on 24 June 2013. I have not received notice of this allocation as required under section 82A of the Consumer Credit Act 1974 and the claimant has shown no evidence that they are entitled to enforce any debt due under the agreement.

[jse85883]

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

Morning [MENTION=6]Amethyst[/MENTION]

Thank you for the reply, ok I've never completed a witness statement! It mentions that you have to send copies of any documentation that you are going to use, I presume that would be the letters to and from myself and the claimant?

I don't suppose you have a draft copy of a witness statement that is in a similar format that I would need in this case please?

Obviously I am very amateur at this and don't want to slip up at the last hurdle!

Sorry to ask!
Thanks
Justin

[baby_bernie88]

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

http://www.legalbeagles.info/forums/...ness-Statement

heres a link for the templates for witness statements. ��

[jse85883]

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

Hi all,

Well I decided to use this template as my witness statement can you let me know what you think of it before I send it please? @Amethist;
Thanks
Justin

IN THE CHELMSFORD COUNTY COURT
Claim No. *********
BETWEEN:
Claimant
Lowell Financial Limited

AND
Defendant
JUSTIN EVANS

_________________________________

WITNESS STATEMENT OF JUSTIN EVANS
_________________________________



I JUSTIN EVANS, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the 10 Feb 2014, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1304.45.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.


3. The particulars of claim at that time fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what this is.

5. On 18 Feb 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

6. On 26 Feb 2014 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

7. On 28 Feb 2014 the Claimants solicitors replied [EXHIBIT C] to my written request without the requested documents.

8. I have not received any of the documents mentioned in the claimants claim form.

9. The Claimant has mentioned the credit Agreement, the default notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. The Claimants pleaded case is that the Defendant entered into an agreement with LLoyds under account reference **************. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Lloyds in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

Statement of Truth

I, Justin Evans, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[pt2537]

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

Hell no, that really isnt sufficient for trial.

[Amethyst]

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

I have made a start amending .... back shortly ( have to nip to the shop and didn't want you to think you were on your todd )

================================================== =================
DON'T USE - WORK IN PROGRESS.... will come back to this in the morning.
================================================== ==================
[I]I, JUSTIN EVANS, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained within this witness statement are not within my own knowledge, I have stated the source of my information.

1. On or around the 10 Feb 2014, I received the Claim in this case from the County Court Business Centre, Northampton, for the amount of £1304.45.

2. The Claimant's statement of case submits that the claim is for an account between myself and Lloyds Bank Plc under an agreement entered into on 12th December 1997.

3. The Claimant's statement of case did not identify the type of account to which their claim applied.

4. On 18 Feb 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in their statement of case [EXHIBIT A].

5. On 28 Feb 2014 the Claimants solicitors replied [EXHIBIT C] to my written request without the requested documents.

6. On xx xxxxx 2015 I received the Claimant's Witness Statement [EXHIBIT D].

7. The Claimant's Witness Statement does provide to further identify the Agreement on which their claim relies, however fails to provide any documents on which they intend to rely.

8. The account number detailed in the Claimant's Witness Statement is not an account number I recognise or am able to identify from my own records. The Agreement detailed at paragraph 2 appears to be for a Current Account with an Overdraft Facility.

9. I accept I have held Current Account's with Lloyds in the past however I have had no contact from the Bank since around 2009. The account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers, and the terms on which any breach is based, as well as how any sum claimed has been calculated.

10. I require inspection of the following documents;
a) agreement/overdraft facility confirmation and Terms and Conditions from that date.
b) copies of any general conditions incorporated in the agreement
c) The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
d) Notice of Assignment.
e) a full statement of account showing how the amount claimed has been calculated.

11. The Claimant states the account was assigned on 24 June 2013. I have not received notice of this allocation as required under section 82A of the Consumer Credit Act 1974 and the claimant has shown no evidence that they are entitled to enforce any debt due under the agreement.

12. It is denied that the original creditor, Lloyds, served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon myself.

13. In essence, the Claim is extremely vague, no documents have been produced to evidence the claim, and I am left disadvantaged by being unable to enter a fully pleaded defence or admission to the Claimant's claim.

11. I respectfully request the Court orders production for inspection of documents on which the Claimant intends to rely in this case, and allow me, as Defendant, to amend my Defence at the Claimant's cost.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

23. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.



Statement of Truth

I, Justin Evans, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________