Court Claim - lowell portfolio / lloyds bank - 12-12-2014

[Darren Smith]

Received a claim? Yes
Issue Date: 12-12-2014
Amount approx: 1419.73
Claimant: lowell portfolio
Solicitor: bryan carter solicitors
Original Credit: lloyds bank

Particulars of Claim:
THE CLAIMENTS CLAIM IS FOR THE SUM OF £1175.67 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AND AGREEMENT REGULATED UNDER THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND LLOYDS
UNDER ACCOUNT REFERENCE 30125210113868
AND ASSIGNED TO THE CLAIMANT ON 03/07/2013 NOTICE 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 1175.67
THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8% A 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 94.06

Stat Barred? No

Have sent:

Other Info:
THE DEFAULT ON THE ACCOUNT WAS 13/07/2009 AND I HAVE NOT MADE A PAYMENT OR ACKNOWLEDGED THE DEBT IN THIS TIME .
MY FINANCES GOT IN A MESS AFTER A DIVORCE AND BAD DEPRESSION .
I ALSO HAVE THREE OTHER DEBTS IN HANDS OF LIKE OF DRYSDEN FAIRFAX AND MORTIMER AND CLARKE . BOTH OF THESE ALSO EXPIRE IN MID 2015. AND THESE TWO AMOUNT TO £3005 £2703
I CERTAINLY DONT HAVE ENOUGH MONEY TO CLEAR ALL THREE OR EVEN ONE OF THEM .
I ALSO HAVE 2 CURRENT CCJS WHICH HAVE RUN THEIR TIME COME 2017. I DONT REALLY WANT TO KEEP GETTING CCJS AS BUYING A HOUSE WOULD BE GREAT EVENTUALLY .
ON THE PLUS SIDE APPART FROM THESE OLD DEBTS I HAVENT MISSED A PAYMENT IN NEARLY SIX YEARS NOW

[nemesis45]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Hi What type of account is this?
Ok first acknowledge claim and intention to defend.
CCA request to Lowell (£1 fee) and CPR31.4 (no fee ) request to Carter ( will probably be declined if claim is issued Via Northampton CCBC).
Do you have any grounds for a defence of this claim.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

im not sure of the type of debt it was not a credit card so i believe is a bank account or something like that , probably a overdraft im guessing as the amount is not that big .
what is a cca? what is a cpr31.4 ? am i admitting the debt by contacting them . am i asking them to prove the debt and thats why im defending it right ?

[nemesis45]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

im not sure of the type of debt it was not a credit card so i believe is a bank account or something like that , probably a overdraft im guessing as the amount is not that big .
what is a cca? what is a cpr31.4 ? am i admitting the debt by contacting them . am i asking them to prove the debt and thats why im defending it right ?

Slow down details are need to be able to advise.
1. The Particulars of Claim state a CCA 1974 agreement,.
2. Current accounts and overdrafts are not regulated in this form.
3. Have you had previous correspondence about the alleged debt?
4. Have you received Default Notice regarding the debt in the past?
A CCA request is made under sections 77/78 of the Consumer Credit Act 1974 to obtain a copy of any regulated agreement in regard to the account, this goes in your case to Lowell. There is a £1 statutory fee for this Lowell have 12 + 2 working days to comply.
CPR ( civil procedure rules) 31.14 request (no fee) goes to the solicitors for the claimant and is a request for the documents mentioned in the POC.

These need to be done asap.

The solicitors name is on the Claim Form for the CPR.
Lowell's address for the CCA Request is Compliance Dept. Lowell Group, Ellington House, 9 Savannah Square, Leeds Valley .
Park, Leeds LS10 .
There are template on the forum for both requests.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

i dont have the old paperwork was all from 2009 when i lived with ex wife i think it might be a overdraft ?on noodle the default date is 13/7/09
i think i have from debt collectors yes .
i dont have much paper work here just recent stuff . i may have received one back in 2009 .

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

I have now responded to the claim online and stated my intention to defend all of the claim .
ok so to make the requests you mentioned to lowell and to and brian carter is there a form and or a template letter i need to fill in if so where can i find these ?

[Amethyst]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


As you don't know what the debt is I would still send the CCA request as well.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


As you don't know what the debt is I would still send the CCA request as well.

Is it ok to sign the cca letter and the cpr letter ? or do i not need to as im worried about it confirming my name etc to them after nearly six years please advise .thank you

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Should I sign the cca letter or the cpr letter ?

[nemesis45]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

There is no requirement to sign a CCA request, but sign the CPR request.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

is this admitting the debt to them ? or confirming my details or has the six year thing gone out the window nowas i havent confirmed my id to them in last 5.5 years. just want to confirm as im trying to get to the post office this morning thank you so much in advance .

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

national debtline said its ok to sign both as im only requesting information

[mark andrew]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Hi,
That is correct you are requesting info not admitting its your debt

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Im stuck on the CPR letter that im sending .
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.
i do not know what date to put i received the letter on Tuesday . the claim was issued on the 12th of December. I acknowledged receipt of the claim yesterday . .

Then there is this bit I am struggling with too
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand
what it says in the particulars of the claim are as follows
THE CLAIMENTS CLAIM IS FOR THE SUM OF £1175.67 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AND AGREEMENT REGULATED UNDER THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND LLOYDS
UNDER ACCOUNT REFERENCE 30125210113868
AND ASSIGNED TO THE CLAIMANT ON 03/07/2013 NOTICE 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 1175.67
THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8% A 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 94.06
Do i put all of this info into this section or if not what parts of it do i need to include here . thank you in advance.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Ok going through it myself this is what i have come up with myself .please advise
18^th December 2014

Lowell Portfolio Ltd
Ellington House
9 Savannah Way
Leeds
LS10 1AB

Solicitor acting on behalf of Lowell
Brian Carter Solicitors LLP
10 De Havilland Drive
Weybridge
Surrey
KT13 0YP


Dear Sirs/Maddams

Claim Number: xxxxxxxissued on 12 December 2014

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

On 16/12/2014 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 30/12/ 2014. (put this date as it is 2 weeks after i received the claim form )does that look ok to you guys?
1. Agreement/contract regulated by the consumer credit act 1974 between defendant and Lloyds under reference 301352xxxxx
2. Assignment (to the claimant 03/07/2013)
3. Details of the contractual repayment under the terms of the agreement .
4 .Default notice .
5. Statutory interest pursuant to s.69 of the county court act 1984.
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. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

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