Help with LOWELL / TSB Count Court Claim

[CaptainMystery]

Good Afternoon All,

Hoping very much that you can help me out here, I have received a claim form with the claimant been Lowell Portfolio.

The original debt seems to relate to TSB but I have not banked with them for a number of years, I didn't have a overdraft or a credit card etc, they now want 5458.93 including costs! (OUCH)

I do not acknowledge this debt & have no idea how its come to me, not had anything previously etc etc (However I have just made arrangements to pay with Lowell for a account I owed some money on).

For the moment I have requested more time to file a defense but what do I do from here?

Points to note:
- I have lived at my current address for the last 3 years.
- The court letter under account ref xxx and assigned to the claimant on 30/06/2013 notice of which has been given to me ? (No idea what this means)


How do I owe this money & how can I defend this ?

Thanks in advance

[ochmode]

Re: Help with LOWELL / TSB Count Court Claim

Hi Capt,

Welcome, help is on its way from one of the others. I would suggest looking around for similar posts before it arrives

[Mr $quanda£ot]

Re: Help with LOWELL / TSB Count Court Claim

Did the claim come from Northampton bulk centre? Is there an official court stamp? The reason I'm asking is that some DCAs send letters that look like court claims but are not. The form should also have a claim number which you should quote on any correspondence.

There should be a defence form and acknowledgement of service which you must send - I think you may be able to do it online as you will be defending the claim.

If it is a proper claim, not one of the fob off ones, there should be instructions.

I would also pm Paul (PT2537 on LB).

[CaptainMystery]

Re: Help with LOWELL / TSB Count Court Claim

Good Morning All,

Thanks for the responses so far, its a nightmare & could not get much sleep last night , it does have a court stamp and a court reference number on it, all I have done at the moment is sent back the acknowledgement letter so I have the full time to provide a defense.

Thats where I get stuck, I have no idea how to defend this claim?

Any help is much appreciated & thanks upfront, how do I PM Paul?

Thanks Again

[Mr $quanda£ot]

Re: Help with LOWELL / TSB Count Court Claim

Go to private messages area. Then click send new message and add PT2537 as a recipient. It's just like sending an email.

You could make a CCA request.

If you haven't had anything to do with Lloyds / TSB for six years, then it's statute barred in any case and this should be a basis of your defence.

Many debt creditors and debt purchasers issue court claims, hoping that you won't defend!

[Amethyst]

Re: Help with LOWELL / TSB Count Court Claim

Hi there,

Sounds like you don't know what the debt is from their particulars of claim, so first thing to do is find out what it is for, then you can make a decision on whether to admit/deny the claim.

To do this we often send a request for information under one of the civil procedure rules - CPR 31.14
We can also send a CCA request in the event it is a loan or credit card account to obtain copies of any agreements the claimant might be relying on.

Links to both of these letters is
CPR 31.14 Request Info

CCA Request Letters

You have already acknowledged the claim online so you have 28 days from date of service to get a response from the claimants and the relevant information. If they refuse you can either apply for an order to make them comply, or enter a defence based on the lack of information.

Hope that helps, Just shout if there's any questions, all the letters will want amending to suit your own case - they are just examples.


Kind regards

Sharon

[CaptainMystery]

Re: Help with LOWELL / TSB Count Court Claim

Many thanks Sharon, I have now done the SPR31.14 & this will go recorded delivery today, what happens if they don't respond in time? do I just file a deference stating I don't know what this is for etc etc?

[Amethyst]

Re: Help with LOWELL / TSB Count Court Claim

Pretty much, some people prefer to apply to the court for enforcement of the CPR request for information, but the same results seem to come from entering a defence to the same effect, and the CCA non compliance can be added as well.

[CaptainMystery]

Re: Help with LOWELL / TSB Count Court Claim

Good Afternoon All,

Nothing received from the letter sent as of yet, the issue date was 17th February 2014 so would I be correct that I must have my deference filled before 22nd March 2014? if this is the case what would be the latest date you would send your defense off (recorded delivery I assume also)

Thanks again , great help so far

[CaptainMystery]

Re: Help with LOWELL / TSB Count Court Claim

Hi Again, I have received no response from said company following my requests & now wish to file my deffence on this basis. What exactly do I do here?

Thanks in Advance

[Amethyst]

Re: Help with LOWELL / TSB Count Court Claim

Ok, you acknowledged the claim online didn't you, so you have 28 days from the date of service (when you received the claim form - suually 5 days after issue date).

If you haven't heard back regarding your CPR request then you can send them a chaser letter or give them a call and see where they are at with it, and if they haven't got anywhere then ask them to agree an extension to your time limits for filing a defence, if they won't then you will be entering an application to the court to inspect the documents they disclosed within their particulars of claim (ie the documents you asked for in your CPR request.)

http://www.legalbeagles.info/forums/...ic-information