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

[Darren Smith]

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

if i want to avoid the ccj is that pretty much the only option on this one ?
Now got a baby on the way too !! So will have to factor that into the mix aswell

[Amethyst]

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

Congratuations xxx

You can continue with asking them for evidence of their claim through the court process, but of course that is more of a risk of ending up with a CCJ. As it is a bank account there isn't so much the black and white of copy agreement or no copy agreement.They still need to evidence the claim.

[Darren Smith]

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

Thank you i can arrange something with them that wont kill me to pay off i guess over time at least that will make my credit file start to look better

[Darren Smith]

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

I called bryan carter said i might be looking to come to a arrangement with them as i dont really want to goto court . I also said i would like more information regarding the account as the address they are claiming the account was taken out from was incorrect . They said thats the address the client has and that its correct according to their information . He said that if i wanted to fight that in court thats fine . Well i said i havent taken out any products in that time and that i didnt live here when they claim this product defaulted . I said i did have some lloyds products but no records of the accounts and neither do lloyds . I said if he could get me the correct address i would be more willing to make a offer . he said as far as they are concerned it is the correct address. I told him i think that i know where i lived more so than he did . lloyds even had a different address after i moved they dont even have that . I told they guy that if they cant even get the address correct he is going to look stupid as all i want is some clarification of information .
I said that its common sense to want the correct details before paying someone money . I told him that he was being inflexible he said there was quite allot of information such as on my credit file with default date and amount owed which is all on the claim .
he also wanted phone numbers and wanted details of my income and stuff . he even had my occupation incorrect .
I offered to send proof to him that i moved here in 2012
should i use this lack of knowledge they have to my advantage to lowball offer them . ? As I am sure they wont want to goto court either without correct information .
he did say they will comply with any court order .
(he was one of those trying to ask you trap questions people because the call is recorded lol ) I didnt give him too much information
I told him i also have allot of other debt and any offer would be on a pro rata basis .

[Darren Smith]

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

I also received this today .
Notice of proposed allocation to the small claims track
important notice
if you do not comply with this notice the court will make such order as appears to be appropriate this could include striking out the claim or entering judgment
Take notice that
1 this is now a defended claim
2 It appears that this case is suitable for allocation to the small claims track
If you believe that this track is not the appropriate track for the claim you must complete box c1 on the small claims directions questionaire (form n180) and explain why
3 you must by the 9th february 2015 complete the small claims directions questuionaire (form n180) and file it with the court office .
(address) and serve copies on all other parties

how do i deal with this and also with what i have mentioned above regarding brian carter when i called them ?

[Darren Smith]

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

Hi could someone please help me ?

[Darren Smith]

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

Hi please please can someone respond to this for me as im running out of time ... or do i just need to bite the bullet and get a price out of bryan carter?

[Amethyst]

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

Hiya xx Just having a read back for you

[Amethyst]

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

Hi, Well done on that phone call sounds like you do have the upperhand there.

should i use this lack of knowledge they have to my advantage to lowball offer them . ? As I am sure they wont want to goto court either without correct information .

If you do want to settle then yes use that to negotiate.


The N180 means they have repsonded to the defence to say they wish to continue. You will need to complete yours ( example in the library) and return it then the case will be moved to your local court and the judge will take a look and issue any directions - personally I'd wait for that point before negoiating but has to be your call. The Judge might just order a hearing or he might make an order for them to supply the information.
http://www.legalbeagles.info/forums/...l-Claims-Track

[Darren Smith]

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

I have just received another letter from them today saying
dear mr xxxx lowell vs xxxxxxx c;laim no xxxxx
We enclose a copy of the claiments directions questionnaire
The claimant is prepared to settle this matter outside of court and we look forward to hearing from you regarding negotiations . is this a copy of the letter they sent to the court to trigger the issue of the n180 to me this is basically their n180 ?

Ok would you still recommend i fill in my form as you suggested and then await if the judge requests the information or not ? At this stage will i still be able to negotiate /settle /mediate and settle without getting a ccj ?

[Amethyst]

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

Yes that is their copy, usually quite sparsly filled in.

You still need to send in your copy.

You should be able to negotiate at any time before the hearing - you could get a better deal earlier, but then you could get a better deal if the court did make an order for documents. It really is one of those 'you'll never know if you made the right decision unless you make the wrong one' lol, sorry xxxx If you would rather settle and don't want to play the chicken/cheess game any longer then use what you have to negotiate now (asking for a tomlin/consent order to hold court action), if you want to see if they will produce documents then hang on a bit more.

Sorry it isn't a black and white situation, particualarly with overdrafts.

Your pro rata isn't vary favourable for a massive deal but if you don't want the CCJ it is a case of either defend fully or negotiate an agreeable monthly payment. If the CCJ isn't overly important then you can admit and offer to pay backed up with your IE sheet.

[Darren Smith]

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

how can i upload what they sent me ?

[Darren Smith]

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

is IE sheet a inccome and expenditure sheet ?
They are saying on their sheet they want to mediate . That is also cool though it clearly shows they dont have any other information .

[Darren Smith]

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

Can the N180 be sent Electronically? if so how do we do it ? I have to have this to them by the 9th of Feb . it also says i have to serve a copy to all other parties . So i have to send a copy to bryan carter too im guessing .

[Darren Smith]

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

Ok i have now filled in the N180 and sent it via the post . I have also sent a copy to Bryan Carter . So now Amethyst is it now a case of waiting for it to be referred to the local court and wait for the judges instructions? This way i can then see what he says and then maybe use it to negotiate once i know .