Court Claim - Lowell / LLoyds - 4-11-2014

[preludetospace]

Received a claim? Yes
Issue Date: 4-11-2014
Amount approx: £2,500
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: LLoyds

Particulars of Claim:
The Claimants claim is for the sum of 2388.43, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference 1234567890 and assigned to the claimant on 24/06/2013, ntice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims 2388.43
The claimaint also claims statutory interest pursuant to S.69 of the County Court act 1984 at a rate of 8% per annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 191.08

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Not 100% sure it is statute barred or not. Last payment into account was 30/10/2008. Abandoned account when Lloyds continued to make a series unauthorised transactions. Lloyds advised of dispute and request made to return monies prior to this date. Instead of trying to resolve issues Lloyds embarked on campaign of harrasment. I have not aknowledged the debt or made any agreements or payments since.

[Kafka]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

Hello
Can you confirm what this account was please?

[preludetospace]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

OK the above was automatically posted but my question is really what to do now that Bryan Carter Solicitors have refused to supply documents after a CPR31.14 request. I was about to submit a request to the court for an order asking for these documents to be supplied so that I can enter a deffence. But I got a letter stating this :-

" We write further to your recent letter dated 21 November 2014 requesting disclosure under Part 31.14 of the civil Procedure Rules.
We confirm the claim form was issued by the county Court Business Centre and that the Cour'ts protocol was followed when issuing the claimants particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.
We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. It is the original creditors policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.
We confirm our client is not agreeable to an extension for you to file a defence.
As you will be aware a claim was issued in this matter on 4 November 2014 and we are in receipt of your aknowledgment of Service.
We recommend you seek independent legal advice. "

I suspect that I should continue with my plan to apply for the order but is there anything in the above or should anything paticular be added to the request in the light of this communication from Bryan Carter ?

[preludetospace]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

Lloyds Current Account.

[FlamingParrot]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

OK the above was automatically posted but my question is really what to do now that Bryan Carter Solicitors have refused to supply documents after a CPR31.14 request. I was about to submit a request to the court for an order asking for these documents to be supplied so that I can enter a deffence. But I got a letter stating this :-

" We write further to your recent letter dated 21 November 2014 requesting disclosure under Part 31.14 of the civil Procedure Rules.
We confirm the claim form was issued by the county Court Business Centre and that the Cour'ts protocol was followed when issuing the claimants particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.
We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. It is the original creditors policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.
We confirm our client is not agreeable to an extension for you to file a defence.
As you will be aware a claim was issued in this matter on 4 November 2014 and we are in receipt of your aknowledgment of Service.
We recommend you seek independent legal advice. "
I suspect that I should continue with my plan to apply for the order but is there anything in the above or should anything paticular be added to the request in the light of this communication from Bryan Carter ?

That is a standard templated response from BC to virtually every CPR request. You may want to respond with the following prior to making the application: http://www.legalbeagles.info/forums/...385#post410385

The application will require an N244 which will cost you £155 although you may be entitled to remission under certain circumstances, you'll need to fill in form EX160a. The form comes with full guidance with regards to entitlement. When you do the application you'll have to show the steps you have taken to get them to send you the documents.

[FlamingParrot]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

Received a claim? Yes
Issue Date: 4-11-2014
Amount approx: £2,500
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: LLoyds

Particulars of Claim:
The Claimants claim is for the sum of 2388.43, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference 1234567890 and assigned to the claimant on 24/06/2013, ntice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims 2388.43
The claimaint also claims statutory interest pursuant to S.69 of the County Court act 1984 at a rate of 8% per annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 191.08

Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Not 100% sure it is statute barred or not. Last payment into account was 30/10/2008. Abandoned account when Lloyds continued to make a series unauthorised transactions. Lloyds advised of dispute and request made to return monies prior to this date. Instead of trying to resolve issues Lloyds embarked on campaign of harrasment. I have not aknowledged the debt or made any agreements or payments since.

If this was a current account, the CCA request wouldn't apply.

Sadly it may not be SBd if the last payment was exactly 6 years before the claim was issued. mad: The 6 years start from the cause of action, which is normally at least a month after the last payment. In the case of an overdraft, it can take longer for the bank to recall the O/D since there are no set payment dates, unlike loans or credit cards.

It can get a bit technical, but it would be good if you had other reasons to dispute the account. :noidea:

[preludetospace]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

Thank you for the advice it is much appreciated.
I submited an application for an order to the Nothampton court for the claimant to supply details under cpr 31.14. I ticked the box 'without hearing'. Northampton court transfered the case to my local court for them to hear my application (no track allocated yet). My application has been struck out by this local court "Upon the non attendance of either party". Also I have a notice that "It appears that this case is suitable for allocation to the ssmall claims track."
1. As I assumed my attendance was not needed (is that not what 'without a hearing' meant?) have the court/judge made a mistake and can I either re-apply for cpr 31.14 order or challenge this order and how would I now do this?
2. I have till 16/2/2015 to respond to the notice regarding allocation. Have I any grounds for challenging the suitability for the small claims track based either on the lack of information set out in the initial claim or maybe a counter claim that could exceed the small claims limit, any other reason or can this allocation be suspended untill the issues regarding non attendance at a none hearing are resolved.
Thanks in anticipation of further valuable advice.

[preludetospace]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

I don't really know what to do but I must act soon soon. Failing any further input I intend to re-submit my cpr application to the local court with a covering letter explaining that the initial application should have been considered without a hearing and respond to the allocation form by indicating that the cpr issue needs to be dealt with first before allocation to any track is considered. I hope this is correct and will have to get this completed by the end of this week.

[preludetospace]

Re: Court Claim - Lowell / LLoyds - 4-11-2014

I must complete form n180 by 16/2/2015. In box C1 is it acceptable to explain that no track should be allocated yet as I have re-submited my application notice for directions under CPR31.14 and or that no defence has been submited yet pending disclosure of the requested documents.
Should I add a covering letter with my second application notice expalining why I feel the first application was wrongly struck out?