Help needed lowell and a county court claim

[Sirius]

Hi all sorry if I've posted this in the wrong area
I have tried looking at the forum and my heads in a spin. Yesterday I received a N1CPC dated 23/5/14 from lowell, a debt from lloyds for £1056.32 I have done an acknowledgement of service
I have no idea what to do now as far as I knew my bank account was closed mid 2007 due to a dispute of bank charges and I opened a new account with a different bank.
I have been homeless for several years and now have a council bungalow, I am registered blind, and before the bungalow I was been living with various friends around the country.
This is the first I knew about the debt as I thought it was sorted. I have looked at noddle and experia, experia give a little bit more info but I can only do basic screenshots and no editing as I only have an iPhone, and my eyes limit what I can do.
I just wondered if anyone could point me in the right direction of what to do next please

[Amethyst]

Re: Help needed lowell and a county court claim

Hi Sirius,

Welcome to the forum, you have posted in the right place Sorry to hear you have had a tough time of things, sounds like you are getting sorted now, and don't need the stress of a court claim.

You have done the right thing in acknowledging service of the claim form as that gives you a little while longer to sort out what this debt is and whether it is actually owing,

So this sounds like it might be an overdraft and also sounds as though it might be statute barred by virtue of the limitations act section 5 in that last payment/acknowledgement was over 6 years ago.

You had a dispute of charges on the account so presumably they have continued adding charges and interest which has built up and left a debt on the account with Lloyds. You should write to Lowells and Lloyds ask them for a breakdown of how the account is made up as you have no knowledge of it.

In addition you should send a CPR 31.14 request to the claimants solicitors - is it B W Legal ? asking for copies of documents disclosed in their claim. Could you type out the particulars of claim from the front of the claim form for me please.

Thank you xx

[Sirius]

Re: Help needed lowell and a county court claim

Hi thank you for answering me and yes things are looking up well were till I got this
Brian carter is the solicitor
the particulars are
the claim is for £1056.32 The amount due under an agreement between the original creditor and defendant to provide finance and /or services /or goods

the debt was assigned to / or purchased by lowell portfolio I ltd
on 03/07/2013 and noticed served pursuant to the law of property act 1925
particularsr .lloyds A/C sort code account number
Thank you

[Amethyst]

Re: Help needed lowell and a county court claim

Those particulars of claim are very vague and give hardly any details, although the sort code and account number if correct help identify what the debt is, however you still don't know how it is made up.

Send this to Bryan carters

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

1. Agreement / Contract
2. Assignment / Purchase notification
3. Detail of the Goods / Services / Finance and how the amount claimed has been calculated.

The statement of case appears to be extremely vague.

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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely




Your Name

[Sirius]

Re: Help needed lowell and a county court claim

Hi again thank you for that sorry for being thick but what date should I put here "ahead of filing my defence on XX XXXX 201X." And are there any exampels/template letters to send to lowells/lloyds please thank you x
ps don't think it will make any difference but at the time I was living in Scotland

[Celestine]

Re: Help needed lowell and a county court claim

The current deadline for defence filing.
If you get an extension agreement, that date will be 28 days later.

Do you mean template defences?

[Sirius]

Re: Help needed lowell and a county court claim

On the money claims online I cannot see a date. This is all I can see
A claim was issued against you on 23/05/2014
Your acknowledgment of service was submitted on 29/05/2014 at 16:09:55
Your acknowledgment of service was received on 30/05/2014

You had a dispute of charges on the account so presumably they have continued adding charges and interest which has built up and left a debt on the account with Lloyds. You should write to Lowells and Lloyds ask them for a breakdown of how the account is made up as you have no knowledge of it.

I'm useless my brains in a right muddle I'm so confused :tinysmile_hmm_t2:
Thank you

[Amethyst]

Re: Help needed lowell and a county court claim

24th June would be your original defence filing date - claim issue date + 5 days for service + 28 days.

If you have heard nothing from this account, for whatever reason, since 2007 it is likely the claim is out of time - under the limitations act action cannot be bought if its been over six years since last acknowledgment / payment. It might be a good idea to ask for transaction lists for the period around when you left the account ... you could ask for these directly from the bank, they might not hold anything as its over six years but might be worth an ask.

[Sirius]

Re: Help needed lowell and a county court claim

I thanks I have done everything you said on Experian the default date is October 2008, I have rang lloyds and they cannot access my account at all they said lowell would have any relevant details. I received this letter this morning I'm not 100% what this means. What should I do now thanks you x

[Sirius]

Re: Help needed lowell and a county court claim

Could anyone help me with a response to this letter please. I haven't a clue. I lived in Scotland when I had the account and have no records whatsoever since I've moved about 6 times. Thank you x

[Sirius]

Re: Help needed lowell and a county court claim

Could anyone help me with a response to this letter please. I haven't a clue. I lived in Scotland when I had the account and have no records whatsoever since I've moved about 6 times. Thank you x

[FlamingParrot]

Re: Help needed lowell and a county court claim

Could anyone help me with a response to this letter please. I haven't a clue. I lived in Scotland when I had the account and have no records whatsoever since I've moved about 6 times. Thank you x

It's one of their generic responses, denying everything point blank.

They claim not to have received your AoS, surely you'd have received email confirmation when you submitted it? If so, you could forward that email to them, so they don't get any ideas about requesting default judgment. :juge:

Otherwise there's no need to respond to that letter. Their refusal to co-operate leaves you with two options, either submit an unless order forcing disclosure, or submit a defence based on the info you have. :decision:

I notice above this debt seems to be SBd, if so, you could use that in your defence and the ball would be on their court, the onus would be on the THEM to show it isn't.

[Sirius]

Re: Help needed lowell and a county court claim

I've just looked on the money claim website and this is what it says

Acknowledgment of Service
Claim numbers ******
ClaimantLOWELL PORTFOLIO I LTD
RE:LOWELL FINANCIAL LIMITED
DefendantMS ****** ********


Address to which documents about this claim should be sent
**********


Intention
I intend to defend all of this claim

Signed
I am the Defendant
***********
29/05/2014


should I write to them saying I've rang Lloyds and the have no details of my account as they had passed it on to lowells and I should get the information from them (as this is what they did say)

im im positive I haven't used this account in the last 6/7 years but I have no evidence of this as I have no statements or correspondence from anyone

what at would you suggest an unless order or a defence on what I have as it is very little Thank you

[FlamingParrot]

Re: Help needed lowell and a county court claim

I've just looked on the money claim website and this is what it says

Acknowledgment of Service
Claim numberA5QV6911
ClaimantLOWELL PORTFOLIO I LTD
RE:LOWELL FINANCIAL LIMITED
DefendantMS ****** ********


Address to which documents about this claim should be sent
**********


Intention
I intend to defend all of this claim

Signed
I am the Defendant
***********
29/05/2014


should I write to them saying I've rang Lloyds and the have no details of my account as they had passed it on to lowells and I should get the information from them (as this is what they did say)

They've already written giving you their usual response so I can't see this making any difference. You should, however, make them aware of your AoS as above. :thumb:

im im positive I haven't used this account in the last 6/7 years but I have no evidence of this as I have no statements or correspondence from anyone

It would be up to THEM to provide the evidence that payments were made in the last 6 years, not you.

what at would you suggest an unless order or a defence on what I have as it is very little Thank you

Given what you say above, I'd probably go with a SBd defence. :grin:

[Sirius]

Re: Help needed lowell and a county court claim

Thanks so if I go to money claims online and do the defence form thing and basically put That I've asked for documents from the bank and the bank said they have no documents/records as they are now with lowells and the account is closed. I have had little response from lowells solicitors, and I have had no money go into the account for at least six years so it should be Statute Barred. Thanks again