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

[Darren Smith]

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

Ok im now going to file my defence online , do i need to scan and send copies of the letters i have sent to and the letters i have received from Bryan Carter Solicitors ?

[Amethyst]

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

Not at this stage, but keep them as you might need them later.

[Darren Smith]

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

Wow what a day that was thank you for all your help I have now just submitted my Defence .
What will happen now ?

[Amethyst]

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

Super, well done, I know you've been stressing a bit xxx

What will happen now is in a week you'll get a letter from the court saying they have sent your defence to the claimant and they have 28 days to respond else the claim is stayed.

If they respond then you will receive a directions questionnaire ( N180 ) and the case will be allocated to your local court for a hearing or directions.

But really from this point we need to play it by ear and adjust what we do as we hear from the court/claimants - so keep us informed if you hear anything.

Not sure if we've been through it but what's your main objective if they don't run away - avoiding a CCJ against you or getting a set by the court instalment repayment at an affordable rate ? I'm guessing avoiding a CCJ is a priority as you have those other CCJ's clearing off in 2017 and don't want to have further 5 years of a screwed credit file. If so you will need to at some point sort out an IE sheet including those debts that havent been claimed for yet so you have a sustainable pro rata payment amount in mind for negotiation IF they come up with 100% perfect documents.

[Darren Smith]

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

I do not want to get a CCJ and i am also going Self employed as of almost now so my income is going to be lower for a while .
Does the credit agreement have to have a wet ink signature

[Amethyst]

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

If it is a credit card/loan then as it was opened before 2007 it should have your signature on yes. If it is an overdraft then there is no requirement for an agreement under the CCA but they will still need to evidence their claim.

[Darren Smith]

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

Hi I got a letter from the court today that says
I aknowledge receipt of your defence a copy is being served on the claimant (or the claimant solicitor) the claimants may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally. the claimant will inform the court that he wishes to proceed the court will then inform you of what will happen.
Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay

[Darren Smith]

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

Do i just wait now and see if i hear anything from them . if i dont i guess ive been lucky

[Amethyst]

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

Evening

Yes, it's a case of wait and see now, let us know if you hear anything. Or if you don't in a month or so xx

Sharon
xx

[Darren Smith]

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

Thank you v much xx

[Darren Smith]

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

Received this today from bryan carter not lowell

Lowell Portfollio ltd vs mr xxxxxxxx
claim no xxxx
acc no xxxxxx
We write further to the above matter and confirm receipt of your defence .

We confirm that this debt relates to lloyds overdraft account no. xxxxxxxxxx in which you entered into an agreement at your current address of xxxxxxxxxxxxxxx(my current address is written where i put xxx's i moved here in 2012 ) the account defaulted in payment on the 13 july 2009 and was subsequently assigned to our client lowell portfolio i lts who are a debt purchasing company and you would have received a notice of assignment at that time
We confirm that we have been instructed by our client in relation to the collection of the outstanding balance which they beleive is lawfully due from you .
We are informed that it is the policy of the original creditor to provide its customers with agreements at the point of contract and statements throughout the duration of the account . conssequently you have previously been provided with validation of the debt and you are reffered to your own records for the same
Our client intends to proceed with the claim and has notified the court in this regard .
Our client is however willing to enter into a "without prejudice" negotiations to settle this matter by way of a tomlin order . if you wish to discuss settlement on this matter we should be grateful if you would contact our offices
We look forward to hearing from you and recommend you seek independent legal advice .
yours sincerely
b carter .



thing that doesn't make sense to me is that they say its a consumer credit agreement ?? they also say i entered this agreement at my current address . it defaulted in 2009 i moved to my current address in 2012 i havent even had any contact with lloyds since 2009 where they had my details which wasnt my current address or even the address i lived at when i opened my account . just proves they have not received any detail from lloyds bank .

[Amethyst]

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

Okay that's all quite standard I'm afraid, BC have very little information and possibly can't be assed to go find it out from Lloyds and would be happier to settle now (naturally)than spend the time and money dealing with it.

A current account is a consumer credit agreement however part V of the consumer credit act ( that's the part with the section 77-78-79 etc bits in that could render an agreement unenforceable ) doesn't apply to overdrafts (some determination by the oft director general as I recall )

So basically they have provided no evidence and have the wrong information. All bodes well for a decent settlement and no CCJ if that is the way you wanted to go.

The claim is for £1000 ? so they might have paid £150 - £200 for it, so you might be able to settle it for something like £600 over 12 months - under a Tomlin Order - so not getting a CCJ against you if you went on to lose.

Overdrafts are a lot harder to defend, that BC have offered a Tomlin now is a good sign, but the evidence ratio is lower and balance of probabilities rules in civil court means a couple copy statements and screen prints / statement from the bank can cover it. It is still a claim based on a contract though and they don't have evidence as yet, plus you have the comment from Lloyds that they don't have record of you owing them anything.

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.

So that all sounds good too.

It's one of those decisions you have to make not knowing what the outcome of the other way will be.

If I did want to make a arrangement with them what would be the best way to go about this and avoid court ?

I don't know what your full situation is, am just going off something you said earlier in the thread, and I don't know how important it is to you to avoid a CCJ so really I'm just saying it's worth discussing the options at this point.

[Darren Smith]

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

Could i say to BC if they can provide me with a copy of the Credit agreement then I am happy to make a payment plan with them if not see you in court ?
I dont want to get a CCJ . Im also in the next few weeks quitting my job to go work for myself so my income will probably be low for a while and i also have other debts and pending CCJS im dealing with .
only a idiot would pay something to someone if they cant even get the correct information together .
I think that with the outstanding debt on credit file is £8919. across 7 lenders my current income employed is £1700 month get £150 towards bills from girlfriend . with rent of 600, council tax of 90. 140 on child maintenance . van and car insurance £90 , mobile phone £55 , petrol diesel £150 gas electric and water 185 broadband and phone £45
£150 food cat insurance £10 , credit card £50 cat insurance £12 , public liability insurance . £20, £100 to my mum from money i once borrowed from her £15 work clothes and £80 taking children out on saturdays when they stay with me .

total of £1792 income of 1850 = £58 free for pro rata payments i guess . that is a quick guess-timate budget
when im working for myself my income could be less .

[Darren Smith]

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

Received another letter from them today
We are writing to formally confirm of our clients intention to proceed with this matter
We will send notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution wherby both parties avoid further cost or expense and if necessary to mediate . the court enccourages this type of negotiation between parties
Please contact our helpful team on 0845 8396166 to discuss how we can come to an agreement by consent
we recommend you seek
legal advice
b carter

[Amethyst]

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

Yes you could do, if you don't dispute the debt and know what it is and agree that it is owed, you might be able to negotiate better before they get any evidence together. Your pro rata payments are going to mean you could only pay £10 a month realistically though, so whether they'd accept that with a discount to the debt is going to depend how well you can negotiate. If you want to avoid the CCJ then you can ask them to do it under a consent / tomlin order so the claim is held in the court system in case you miss any payments, but it doesn't go to Judgement unless you did miss payments.

IF you want to pay it and not go through the court process the best thing to do is to contact them and discuss it.