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

[Darren Smith]

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

nemisis45 ,mark, amethyst can you advise if you think what i have put is ok or not please

[FlamingParrot]

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

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

The reason for not wanting to sign documents is to do with cases where signatures may be 'lifted' to reconstruct documents that do no exist in the first place, it's not to do with confirming your name, nor has it got anything to do with acknowledging the debt, which is probably why you are thinking about six years. Having said that, the clock is reset at the time a claim is issued so no point worrying about that side of things.

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

See above, the clock was reset when a claim was issued.

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 .

The six years have gone out the window as they've issued a claim.

[FlamingParrot]

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

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?

No, your defence is not due 2 weeks after receiving the claim, that's the acknowledgment of service, which should be done within 14 days of receipt. That gives you a further 14 days to submit a defence, a total of 33 days from date on claim form (5 days are allowed for service).

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.

I'd just say:
The agreement
The notice of assignment
The default notice

Those are the only documents mentioned on the PoC:

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

The details of the contractual repayments would be part of the agreement.

[FlamingParrot]

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 ?

A CCA is a Consumer Credit Agreement. If this was a bank account overdraft then the CCA request wouldn't apply, however, the PoC mention an agreement regulated under the Consumer Credit Act 1974 which is why you are sending the CCA request.

We are trying to find out what this debt was for, hence requesting documents. :thumb:

[Darren Smith]

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

thank you so much i have been able to complete the letter now .
it was issued on 12 december so i have made the date 14/1/2015 33 days

[Darren Smith]

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

the more i think of this reference number im sure it was for a bank account or overdraft im sure its my old account number with lloyds

[Amethyst]

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

IF it is an overdraft then you might want to consider settling with them as they are tougher to defend and it is more important to avoid a CCJ as you wish to buy a house. I'd wait for response to your CCA request - which if the claimant KNOW the debt is an overdraft they will say so - then get into a bit of without prejudice negotiation for an installment settlement or full and final with a consent order to keep it away from a CCJ on your file.

Any major issues with bank charges on the account ?

[Darren Smith]

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

the reference number is the banks sort code and also i think one of my old account numbers . I used to get allot of bank charges yes .
Im not sure if i had a overdraft got a feeling i did have one so this could be it . If it is the one then i think i took it out over the phone .
I should still send in this cpr letter though right ?
So even though they have put in a claim i could still set up an agreement with them outside of court and avoid a ccj ?
I guess i have to wait and see what i get back from them now .

[Darren Smith]

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

I sent both letters yesterday. I will sit back and wait now until i get a reply I will let you know what i get as I receive it. Thanks for the help so far.

[Darren Smith]

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

I got a reply from Brian carter today and it says
lowel portfollio ltd v mr ......xxxxxx
claim numberxxxxxxx
account number xxxxxxx

We write further to your recent letter dated 18 december 2014 requesting disclosure under part 31.14 of the civil procedure rules

We confirm this matter will most properly be allocated to the samll claims track as this is a simple contractual matter and part 31 of the civil procedure rules will not apply . The notices of default and assignment left the control of the claimant when they were dispatched to you
We are advised that it is the original creditors policy to issue terms and conditions and statements throughout the duration of the agreement and you should refer to your own records .
In this regard our client is not agreeable to an extension for you to file a defence
As you are aware a claim was isssued in this matter on or around the 12 december 2014 and we are in receipt of your acknowledgment of service please respond to the claim using the response pack provided by the court . You should comply with the deadlines outlined by the court in order to avoid a judgment being issued against you .
We recommend you seek independant legal advice .
signed xxxxxxx



How do i respond to this ?
(I also received a second claim in the post yesterday this time from mortimer Clarke for £3270 i will now start a separate thread .

[Amethyst]

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

Theres an example response to a letter like that http://www.legalbeagles.info/forums/...385#post410385

The Statement of Case mentions the assignment notice and notice of default quite specifically so you are quite safe pushing them on that - you case is not allocated to a track as yet and as such CPR 31.14 applies.

Happy Christmas :christmas3:

[Darren Smith]

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

please can you also comment on this thread for me . http://www.legalbeagles.info/forums/...ard-19-12-2014

[MIKE770]

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

usual crap response

[Darren Smith]

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

Hi thanks guys now going to send that reply letter to them now . Will also let you guys know when I get a reply from the Claimant .

[Darren Smith]

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

Hi received a reply today from Bryan Carter.
lowell portfilio vs mr g xxxxxxxxx
claim no xxxxxx
accoint number xxxxxxx
We wwrite further to your recent correspondence requesting disclosure under part 31.14 of the civil procedure rules . we refer you to our letter dated 23rd of december and reiterate its contents
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 statements throughout the duration of the agreement and in regard we ask you to refer to your own records ,
in this regard our client is not agreeable to an extension for you to file a defence .
As you are aware a claim was issued in this matter on or around the 12 december 2014 and we are in receipt of your acknowlegement of service please respond to the claim using the response pack provided by the court . you should comply with the deadlines outlined by the court to avoid a default judgment being entered against you .
We recommend that you take legal advice
xxxxxxxxx


So what do I do now ?