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

[Darren Smith]

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

I was also thinking that we should write to the judge the last letter from Bryan Carter all they said is that they are awaiting fruther instructions from their client that was after we wrote to miss Tute . Should we also point out and send her copies of the incorrect information they keep sending me

[nemesis45]

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

Hi are you saying that the court would have expected that lowell/brian carter would have given me the documents supporting their claim by now ?
we wrote to miss tute who we never got a reply from
brian carter have been providing the wrong addresses of where the account was opened and cant even tell me what the account was !9addresses of where i lived but not where i have taken out any lloyds product )
I already said i couldnt mediate as they had not provided me with the correct information of the claim

I think everything is in this thread
What roughly should i write to the judge nem ?

Is the judge who made the order named on it? If so address to District Judge xxxxxxxxxxxxxxxxxx

Claim No...................................

Lowell Portfolio - v - you.

Sir,

I refer to the order dated:.............................( attach a copy to make it easy for the judge) regarding the proposed mediation appointment
to be set up in relation to this claim.

Lowell Portfolio has failed to disclose any documents mentioned in the particulars of the claim. (CPR31.14) and has also failed to comply with CCA request made under CCA 1974.

I have on date attempted to enter into mediation with Lowell, this failed as the documents requested has not been produced.

To date no documents have been disclosed.

I respectfully ask the court to make an "unless" order requiring Lowell to disclose the documents within a time limit
to be set by the court, should Lowell fail to comply I ask that the claim should be struck out.

Your name................................Defendant" Signature:.....................
Your address:

[Darren Smith]

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

Thanks Nem Do I need to apply for the medaition still as the judge has suggested , or do i send this letter and wait 1st

[Darren Smith]

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

I have written the letter I also included the last couple of letters sent asking for the documents and b/c's reply . i also attached the letter saying that mediation had failed to be booked i also pointed out to the judge they are trying to say i took the product out at an address where i have never had a lloyds product !
This now makes it easy to see why mediation didnt happen last time and that as recomended i asked for the documents and that they havent supplied them

[Darren Smith]

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

I finally heard back from the judge today
i recieved a general form of judgment order
says i must comply or the claim will be liable to be struck out or some other sanction imposed
address of district judge
its oredered that
hearing will take place at 10am th december
hearing fee must be paid by 6th of november of £115 by claiment if they dont pay it will be struck out
says the court must be informed immediatly if the case is settled before the hearing date says the fee will be refunded if they are given 7 days notice
please be aware may have to wait for the hearing
they think it will take 1.5 hours
says the following paragraphs set out directions as to the preperation for the hearing it says failiure may result in the court being adjouned and the party at fault having to pay costs
4 each party must deliver to every other party and to the court copies of all document s that the party intends to rely on incourt no later than 14 days before the hearing
5 The claiment shall specifically deliver to the and the court offices by 5th october 2015 a copy of the original agreement under account reference ********* the default notice referred to in the particulars of the claim and the assignment of the claim dated 3 jul 2013
contract
in cases of this type documents and information sent to the court and each party should where available include
the letter making the claim and the reply any written contract
photographs
7 the documents sent to the parties and the court must include statments of witnesses
8 the judge may refuse to consider a document or take it into account if a copy has not been served on all parties required by this order

rest is about witnesses
and video evidence
14 as order has been made without a hearing the parties have the right to have the order set aside varied or stayed .....

so i guess this is good they have to provide the credit agreement [MENTION=1937]nemisis[/MENTION]45
#nemesis45

[FlamingParrot]

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

I finally heard back from the judge today
i recieved a general form of judgment order
says i must comply or the claim will be liable to be struck out or some other sanction imposed
address of district judge
its oredered that
hearing will take place at 10am th december
hearing fee must be paid by 6th of november of £115 by claiment if they dont pay it will be struck out
says the court must be informed immediatly if the case is settled before the hearing date says the fee will be refunded if they are given 7 days notice
please be aware may have to wait for the hearing
they think it will take 1.5 hours
says the following paragraphs set out directions as to the preperation for the hearing it says failiure may result in the court being adjouned and the party at fault having to pay costs
4 each party must deliver to every other party and to the court copies of all document s that the party intends to rely on incourt no later than 14 days before the hearing
5 The claiment shall specifically deliver to the and the court offices by 5th october 2015 a copy of the original agreement under account reference ********* the default notice referred to in the particulars of the claim and the assignment of the claim dated 3 jul 2013
contract
in cases of this type documents and information sent to the court and each party should where available include
the letter making the claim and the reply any written contract
photographs
7 the documents sent to the parties and the court must include statments of witnesses
8 the judge may refuse to consider a document or take it into account if a copy has not been served on all parties required by this order

rest is about witnesses
and video evidence
14 as order has been made without a hearing the parties have the right to have the order set aside varied or stayed .....

That sounds very promising! :clap2: The court has ordered them to provide ALL the documents you asked for in your CPR request which they should have had in their possession before issuing a claim. :grin:

If Lowell have not been able to get their hands on the paperwork in all this time, I'd say their chances of obtaining them before the dates set by the court :flypig: :flypig: :flypig: are slimmer than an anorexic with a BMI of 15! :lol:

They may well have to discontinue, ray: now that would be a real shame after all this time! :rofl:

[Darren Smith]

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

So with this one i should just firstly wait and see if i get the document from them and then take it from there ?

[FlamingParrot]

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

So with this one i should just firstly wait and see if i get the document from them and then take it from there ?

That's basically it. :ranger:

Still can't see how they'll whip them up.

[Darren Smith]

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

Date and calenar reminder set for 5th october deadline to see if they can deliver the papework then will update again

[Darren Smith]

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

the date passed and i got a letter of discontinuance from Bryan Carter
The other two CCJs i was being chased for have been resolved without going to court too so 3 out of 3
I have no crappy defaults on my credit file now all the last ones are statute barred now . the ones trying to take action have all been fought off .
thanks guys .
Just need to deal with the two active CCJS now
i will create a new thread .

[nemesis45]

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

the date passed and i got a letter of discontinuance from Bryan Carter
The other two CCJs i was being chased for have been resolved without going to court too so 3 out of 3
I have no crappy defaults on my credit file now all the last ones are statute barred now . the ones trying to take action have all been fought off .
thanks guys .
Just need to deal with the two active CCJS now
i will create a new thread .

Well done Darren!!