court claim. lowell/carter

[hawaiiqueen]

Hi,
i received a court claim for bank charges, dating back 2007/8 i think.,
however my gripe is that firstly it says they brought the claim because i failed to keep up with agreed payments, when in actual fact i have not had any,or made any payment agreement, in writing or verbal with lowel or carters. ihave not acknowledged nothing, or answered phone calls even, replied to letters, i didn't even have agreement with tsb either. i suppose, i just got aggravated, because this is charges for letters and so forth and not as if i got the money and spent it without paying it back, it is just a complete rip off bank charges.
Any way what should i do, would i have to admit to this even though there has been no agreement or payment plans ever arranged.( not that i want to but if I must, hey ho i must.)
thanks and hope for your help.:doh::doh::doh:

[FlamingParrot]

Re: court claim. lowell/carter

Welcome to LB

i received a court claim for bank charges, dating back 2007/8 i think.,

Presumably this is for a current account overdraft. :noidea: When did you last pay into this account? It's important because if it was 2007 it would be statute barred which is an absolute defence, however, if it was 2008 it will depend on when in 2008 you last paid into the account. :decision:

however my gripe is that firstly it says they brought the claim because i failed to keep up with agreed payments, when in actual fact i have not had any,or made any payment agreement, in writing or verbal with lowel or carters.

Lowell are debt purchasers and Carter are solicitors acting for them. Lowell will have bought the debt from your bank and the agreed payments would refer to the agreement with the bank not with them.

i have not acknowledged nothing, or answered phone calls even, replied to letters, i didn't even have agreement with tsb either. i suppose, i just got aggravated, because this is charges for letters and so forth and not as if i got the money and spent it without paying it back, it is just a complete rip off bank charges.

If it was a current account there wouldn't have been a credit agreement as such.

Any way what should i do, would i have to admit to this even though there has been no agreement or payment plans ever arranged.( not that i want to but if I must, hey ho i must.)
thanks and hope for your help.:doh::doh::doh:

How much is the amount claimed?

Your first step will be to acknowledge the claim which you can do online and state your intention to defend it in full. You have 14 days to acknowledge and once you do, you get a further 14 days to submit a defence. You get an extra 5 days allowed for service from date printed on claim.

As this is an overdraft, a CCA request wouldn't apply, however, you should send a CPR request to Bryan Carter. You'll find the letter here: http://www.legalbeagles.info/forums/...682#post409682

Send it recorded delivery so you can track it.

Would be useful if you could type out :typing: or scan/take a picture hoto: and post the particulars of claim and give us a bit more info about the history of this account. As noted above, the dates are very important. :clock:

[hawaiiqueen]

Re: court claim. lowell/carter

Hi,
i received a court claim for bank charges, dating back 2007/8 i think.,
however my gripe is that firstly it says they brought the claim because i failed to keep up with agreed payments, when in actual fact i have not had any,or made any payment agreement, in writing or verbal with lowel or carters. ihave not acknowledged nothing, or answered phone calls even, replied to letters, i didn't even have agreement with tsb either. i suppose, i just got aggravated, because this is charges for letters and so forth and not as if i got the money and spent it without paying it back, it is just a complete rip off bank charges.
Any way what should i do, would i have to admit to this even though there has been no agreement or payment plans ever arranged.( not that i want to but if I must, hey ho i must.)
thanks and hope for your help.:doh::doh::doh:

Hi,
the amount is £339 + costs = £424 i am not sure when last paid into account it i think it was 2008 round aug i not sure, but i will send the cpr request, i don't have much info of this account as not used it for years, i will try and find anything regarding tsb account and check that account number.
thank you, i will keep you updated if i find anything and when i send my letter.
cheers keep in touch

[FlamingParrot]

Re: court claim. lowell/carter

Hi,
the amount is £339 + costs = £424 i am not sure when last paid into account it i think it was 2008 round aug i not sure, but i will send the cpr request, i don't have much info of this account as not used it for years, i will try and find anything regarding tsb account and check that account number.
thank you, i will keep you updated if i find anything and when i send my letter.
cheers keep in touch

The PoC mention an agreement regulated by the CCA and a long account number, current accounts are normally just 8 digits, in the old days I think some may have been 9 digits but this one's got 12! Are you sure this refers to a current account overdraft? :confused2:

Also if no payments have been made since August 2008 the debt would be statute barred, and that's the best defence there is.

In addition to the CPR 31.14 request, you may want to send a part 18 request for further information to find out the date of last payment as below. :thumb:

IN THE Northampton County Court
CLAIM NO: XYZ


BETWEEN:

Lowlife Lowell

Claimant

and

Hawaii Queen

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: Bryan Carter

PART 18 REQUEST FOR FURTHER INFORMATION

Please provide me with the following documents relating to the above case pursuant to Part 18 of the Civil Procedure Rules;

1. Statements of Account up to when the last payment was made into this account
2. Terms and Conditions relating to the account


Please TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THIS LETTER.

Kind regards

xxxxxxx

[hawaiiqueen]

Re: court claim. lowell/carter

The PoC mention an agreement regulated by the CCA and a long account number, current accounts are normally just 8 digits, in the old days I think some may have been 9 digits but this one's got 12! Are you sure this refers to a current account overdraft? :confused2:

Also if no payments have been made since August 2008 the debt would be statute barred, and that's the best defence there is.

In addition to the CPR 31.14 request, you may want to send a part 18 request for further information to find out the date of last payment as below. :thumb:

HI
okey dokey it is defiantly a current account,i think they have included the sort code in the number, i will crack on with the letters over the weekend, and try and find any paper work regarding that account,i will let you know when i done them.
cheers this is so helpful, thank you, be in touch.

[FlamingParrot]

Re: court claim. lowell/carter

HI
okey dokey it is defiantly a current account,i think they have included the sort code in the number, i will crack on with the letters over the weekend, and try and find any paper work regarding that account,i will let you know when i done them.
cheers this is so helpful, thank you, be in touch.

Ah, that would explain it. The number has been edited out of your attachment now after I reported it to admin last night because it's best to avoid having identifiable details like that out in the open. :thumb:

Do keep us posted. :typing:

[hawaiiqueen]

Re: court claim. lowell/carter

Hi, just a quick one , i have filed the defence notice on line, do i fill the acknowledge of service aswell,, or have i done it wrong by filling the defence bit. but i have not filled the service bit yet, should in do that now.
cheers,, confused and nervous....:tinysmile_aha_t:

[hawaiiqueen]

Re: court claim. lowell/carter

hi again and thank you for info and guidance on the above, which i have followed and sent the two letters, i guess its a waiting game now...
However there must be something in the air as hey ho there was another court claim arrived this morning, this time for a credit card, not sure if this one is statue barred or not, its from arrow global and drydon fairfax solictors, should i send the same letters as the other case.
Also if its not statue barred could i still make a offer to pay monthly further down the line.. not sure if i can be bothered with stress of it all again:help::help::help: and thanks yet again.
cheers.

[FlamingParrot]

Re: court claim. lowell/carter

Hi, just a quick one , i have filed the defence notice on line, do i fill the acknowledge of service aswell,, or have i done it wrong by filling the defence bit. but i have not filled the service bit yet, should in do that now.
cheers,, confused and nervous....:tinysmile_aha_t:

If you went straight for the defence, there's no need to acknowledge service. What did you say in your defence?

hi again and thank you for info and guidance on the above, which i have followed and sent the two letters, i guess its a waiting game now...

The letter was to find out when the last payment was made to see if it was statute barred. Presumably this is what you said in your defence... :noidea:

Your defence will be sent by the court to the claimant who will have 28 days to respond saying whether they wish to continue with the claim. You will be notified by the court when they do and you will receive a notice of provisional allocation to small claims track and a directions questionnaire that you should return. If they don't respond, the claim will be stayed.

[FlamingParrot]

Re: court claim. lowell/carter

However there must be something in the air as hey ho there was another court claim arrived this morning, this time for a credit card, not sure if this one is statue barred or not, its from arrow global and drydon fairfax solictors, should i send the same letters as the other case.

Yes, you can send the letters to request documents and find out the date of last payment, however, if this is a credit card you should ALSO send a CCA request to Arrow Global with the £1 fee. The CCA request didn't apply to the current account but does to the credit card. :thumb:

Also if its not statue barred could i still make a offer to pay monthly further down the line.. not sure if i can be bothered with stress of it all again:help::help::help: and thanks yet again.
cheers.

Yes, you can do that any time, however, in this case the best thing to do would be just to acknowledge service and tick the box stating you will be defending the claim in full rather than submitting a defence from the onset. That way you will have a total of 33 days from the date on the claim to submit a defence and request documents that may provide you with some ammunition to defend the claim.

It will be better to start a fresh new thread with this claim to avoid getting them confused. :typing:

[hawaiiqueen]

Re: court claim. lowell/carter

okey dokey, yep i just put statue barred in defence.
i just hope it is.

[hawaiiqueen]

Re: court claim. lowell/carter

mmm yer see what you mean about confusion, will start new thread with this one, but just 1 question, this claim is in my pre married name, which indicates how old it is, as I have been married 6 yrs, will that make a difference.:tinysmile_grin_t: can they still proceed, or am i clinging to straws,,,,,
cheers.

[FlamingParrot]

Re: court claim. lowell/carter

mmm yer see what you mean about confusion, will start new thread with this one, but just 1 question, this claim is in my pre married name, which indicates how old it is, as I have been married 6 yrs, will that make a difference.:tinysmile_grin_t: can they still proceed, or am i clinging to straws,,,,,
cheers.

If you took out the card before you got married and didn't update them, they'd still have you under your maiden name. The issue here is whether you made any payments or written acknowledgment of the debt in the last 6 years, if not then very likely SBd. :thumb:

They can proceed, but you can also submit a SBd defence, however, it's probably best to try and get all the documents before taking that step, after all you have a total of 33 days to do so (from date on claim). :ranger:

[FlamingParrot]

Re: court claim. lowell/carter

okey dokey, yep i just put statue barred in defence.
i just hope it is.

The onus will be on the claimant to prove it isn't!

[hawaiiqueen]

Re: court claim. lowell/carter

Hi,
after a lot of thought i am pretty sure i have made a payment on this credit card account, would be best to make a offer for monthly payments, if so which is best i.e. on the court means test form, and send it to them or the court, or should i not use the court form and just ring drydrens up.
what do you think....
cheers.