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Hi folks.
Yep, another day, another county court claim from Lowells. This time I'm the "lucky" recipient as one has dropped on my doorstep. Like many other people on here I have no experience dealing with this sort of thing and I could really do with your help please!
The basics.
Around 8 years ago I took out a student overdraft with Lloyds when I was studying but soon became pretty ill and had to drop out of my Uni course. I fell into debt because I couldn't work and almost immediately stoppped making any payments into my Lloyds bank account. I'm pretty sure I haven't made any payments of any kind into the Lloyds account for well over 6, possibly 7 years. I also haven't replied to or acknowledged any letters from either Lloyds, Bryan Carter or Lowells at any time. Because of this I'm almost certain that this claim should be statute barred, but I no longer have any Lloyds bank statements or paperwork of any sort as I've moved a lot in the last 10 years and it's either been binned or got lost. As you would expect I intend to defend this claim.
What I've done so far.
I received a court claim form around two weeks ago but I was away and only realised I had been sent it a couple of days ago when I went through my post. From reading it I see I have a total of 19 days from the issue date printed on the front of the claim form to acknowledge the claim and to enter an intention to defend it.
I have registered with the court online but I have not completed anything as I need some advice from someone on here first.
What I currently need help with!
I went to fill in the Acknowledgement of Service on the court website but I am being asked what my defence is going to be. I want to defend the claim on the grounds that I'm pretty sure it should be statute barred, but should I just put that, or do I need to put anything else please? I don't want to mess things up before I've even started!
Also, having read a very similar case on here (http://www.legalbeagles.info/forums/...owell-BW-Legal), I note from that thread that I should be requesting proof from Lowell that they actually have a legal right to make this claim in the first place. A CCA 31.14 is refererred to and a link next to it sends me to here, but this refers to a CPR 31.14 not a CCA 31.14 - is this correct?
I have also noted the advice given in that thread to make a Subject Access Request to Lloyds. What information should I be asking them for please, and as I've moved at least 7-8 times in the last 8 years, will I need to give them every address during that period, or just the one's from around the time I had the overdraft?
Do I need to do anything else at the moment?
Many thanks in advance!
CaptainBeaky
Yep, another day, another county court claim from Lowells. This time I'm the "lucky" recipient as one has dropped on my doorstep. Like many other people on here I have no experience dealing with this sort of thing and I could really do with your help please!
The basics.
Around 8 years ago I took out a student overdraft with Lloyds when I was studying but soon became pretty ill and had to drop out of my Uni course. I fell into debt because I couldn't work and almost immediately stoppped making any payments into my Lloyds bank account. I'm pretty sure I haven't made any payments of any kind into the Lloyds account for well over 6, possibly 7 years. I also haven't replied to or acknowledged any letters from either Lloyds, Bryan Carter or Lowells at any time. Because of this I'm almost certain that this claim should be statute barred, but I no longer have any Lloyds bank statements or paperwork of any sort as I've moved a lot in the last 10 years and it's either been binned or got lost. As you would expect I intend to defend this claim.
What I've done so far.
I received a court claim form around two weeks ago but I was away and only realised I had been sent it a couple of days ago when I went through my post. From reading it I see I have a total of 19 days from the issue date printed on the front of the claim form to acknowledge the claim and to enter an intention to defend it.
I have registered with the court online but I have not completed anything as I need some advice from someone on here first.
What I currently need help with!
I went to fill in the Acknowledgement of Service on the court website but I am being asked what my defence is going to be. I want to defend the claim on the grounds that I'm pretty sure it should be statute barred, but should I just put that, or do I need to put anything else please? I don't want to mess things up before I've even started!
Also, having read a very similar case on here (http://www.legalbeagles.info/forums/...owell-BW-Legal), I note from that thread that I should be requesting proof from Lowell that they actually have a legal right to make this claim in the first place. A CCA 31.14 is refererred to and a link next to it sends me to here, but this refers to a CPR 31.14 not a CCA 31.14 - is this correct?
I have also noted the advice given in that thread to make a Subject Access Request to Lloyds. What information should I be asking them for please, and as I've moved at least 7-8 times in the last 8 years, will I need to give them every address during that period, or just the one's from around the time I had the overdraft?
Do I need to do anything else at the moment?
Many thanks in advance!
CaptainBeaky
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