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

[Amethyst]

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

You COULD apply to the court to force compliance of the CPR 31.14 request - have a read http://www.legalbeagles.info/forums/...order-at-court - there may be some costs risk and it will cost you £155 up front to do so, so you need to have a read and understand, and look at some other peoples threads where they have made an application under CPR 31.14 prior to allocation and before entering a defence.

When would your defence be due in?

[Darren Smith]

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

im guessing it is the 12 december plus 33 days is that correct ? il take a look at the thread now so around the 15th im guessing

[Darren Smith]

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

Hi I have read through the thread and to be honest im at a loss what to do . Can someone please help me go through the following
1. I dont want to pump allot of money at this - its a debt of 1000 pound and i also dont have allot of money to pay for this right now
2. If i do goto court to defend this and i lose are the costs i incur going to be huge
3. If I file in a defence all of the letters etc i have sent and show the judge they have not supplied the info , surely the judge would want to see this and without it would they have a case ? am i likely to win ?????
4 Can i and am i better off to ring them and try and make some arrangement outside of court to pay something back to them over time .
5 would the next step be for me to file my defence if i do so and then await a court hearing date ? as i have no idea how these things work
Thank you so much

[Darren Smith]

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

Hi again is there anyone that could please help me walk through the different options mentioned above and the possible consiquences so i can decide how to move forward best .

[nemesis45]

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

Please don't attempt to negotiate anything by phone, the response you will get will probably be denied at a later stage or there will be no record of the call.
POC states an agreement/contract regulated under CCA 1974 is it yet confirmed what type of account this is?
If the claim has a complete account No. specified you could ask LLoyds about this.

[Darren Smith]

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

ok with the clock ticking so fast i will contact lloyds tomorrow , though im 95% sure this is a bank account that i had .
If I did want to make a arrangement with them what would be the best way to go about this and avoid court ?
Or if they cant produce the evidence of the actual contract are they likely to not get the judgement . ( though i hadnt kept up my payments because of divorce and moving etc )

[Darren Smith]

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

I have called lloyds bank and they say that i have not got an account with them so now i really dont know what to do . Do i now call lowell ?

[nemesis45]

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

Hi Lloyds are often unhelpful when an account has been sold.

Did you quote the number given in the particulars of claim?
The account number should identify the type of account.
Have you had an account with Lloyds or any part of the group?

You can use this " I have no knowledge of any account with the number quoted by the claimant,
Lloyds bank has confirmed they no record of my having such an account."

[Darren Smith]

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

ok thank you i did quote the number to lloyds . - Lowell now own the account i believe thats who is taking me to court , im sure that the accont was a old current account . the thing is i dont want to get another ccj really . are they likely to get one without the necessary proof of the account as lowell have not responded or sent anytjing to me either .
Also is it possible and how would i go about making a settlement outside of court to avoid a ccj or is that not possible now thank you

[Darren Smith]

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

on my credit file the default reference account type says current account .

[Amethyst]

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

Okay so you need to put a defence in. You don't know what the debt is, you have asked for information from the claimants but they have failed to give you anything, therefore for the moment that is your defence.

Put a defence in get them to evidence their claims and then you can try a negotiation under a Tomlin Order if necessary if everything turns out to be correct.

[Amethyst]

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

DRAFT for you to start from...


-----------------------------------------------------------------------------------------------

1: I received the claim XXXXXX from the Northampton County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank however am unaware of any debt outstanding. I do not recognise the account number given and have contacted the original creditor, Lloyds Bank, and they have stated they do not have a record of the account, and that I do not hold any account with them.

4. I have not received a default notice pursuant to s87 Consumer Credit Act 1974 and put the claimants to strict proof that one has been served as alleged.

5. I have not, to the best of my knowledge, received any notice of assignment and put the claimants to strict proof that notice has been given to me as alleged.

6. The particulars of claim fail to state when the agreement was entered into.

7. To try and find out more information regarding this claim, on the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

8. [Claimant's Solicitor] has not sent any of these documents to me.

9. On the [DATE] I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Amethyst]

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

on my credit file the default reference account type says current account .

this is, at the moment, guess work, and you should make the claimants evidence what the account is/was.

[Darren Smith]

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

ok so i fill in the defence part of the claim and send this letter with it to the court by post (or can that done online ?) ok what is a tomlin order

[Amethyst]

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

Have you logged on to Moneyclaimonline ? That is the simplest way to enter your defence - there's info here how to sort that out - http://www.legalbeagles.info/forums/...313#post499313

then you'd enter your defence text in the relevant box on there.

Otherwise it'd be a case of typing or writing it out on the defence form, or you can submit it as an attachment in which case you need to put the right headers and statement of truth with it - as per http://www.legalbeagles.info/forums/...1&d=1407491762


A Tomlin Order is something you agree with the claimant outside of court, for example to make instalment payments to repay the debt, and the claim is put on hold in court in case you miss payments - so you have no CCJ against you - and the claimant has the security of knowing they can get a CCJ if you default on the agreement. Some examples http://www.legalbeagles.info/forums/...ghlight=tomlin