Court Claim - Lowell / HBOS - 12-12-2014

[kazordoon]

Received a claim? Yes
Issue Date: 12-12-2014
Amount approx: 1034.90
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: HBOS

Particulars of Claim:
The claimants claim is for the sum of 837.89, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and HBOS PLC under account reference xxx and assigned to the claimant on 04/07/2013, 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 837.89
Tha claimant also claims statuory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 67.01

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I don't know what this debt is. Never had an account or product with HBOS!

[kazordoon]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Got a reply from the solicitor (Bryan Carter):

We write further to your recent letter dated 19/12/2014 requesting disclosure under Part 31.14 of the civil procedure rules.
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 not apply. The notices of Default and Assigment left the control of the Calimant when they were dispatched to you.
We are advised that it is the original creditor's 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 Defense.
As you will be aware a Claim was issued in this matter on or around the 12 December 2014 and we are in receipt of your Acknoledge 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 default Judgement being entered agains you.
We recomend you seek legal advice.

[nemesis45]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Hi welcome,

Have you had an account with any component company of the HBOS Group?

Check your credit reference files this should list who the creditor is.

Noddle from Call Credit is free, Experian & Equifax have 30 free trials ( just cancel when you have the report (s).

nem

[kazordoon]

Re: Court Claim - Lowell / HBOS - 12-12-2014

I checked on Noodle, but the only debt is a credit card (Halifax) which funnily enough is being claimed by another claimant/solicitor exactly on the very same week...I wonder if they get in touch to take me to court at the same time!

[nemesis45]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Ok please name both claimants and the solicitors involved asap.
Has the other pair issued a claim?

[kazordoon]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Claim 1: Cabot / Restons (Issue date: 09/12/14)
Claim 2: Lowell / Bryan Carter (Issue date: 12/12/14)

[kazordoon]

Re: Court Claim - Lowell / HBOS - 12-12-2014

It's the first time I have been taken to court and I have no idea how to prepare a defence letter. First of all, should my defence letter be sent to court by normal post, or can I use the government gateway www.moneyclaim.gov.uk ?
Second, can the defence be written in an informal way, as in: "Dear Judge, I cannot remember any debt to HBOS. I asked for a copy of the contract by they didn't send me any" or should I use some special legal terminology ? In this case, could you please show me how a defense letter of this kind should look like ?
Thank you.

[Kati]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Ok please name both claimants and the solicitors involved asap.
Has the other pair issued a claim?

He has another thread Nem :tinysmile_twink_t2: - http://www.legalbeagles.info/forums/...059#post505059

[nemesis45]

Re: Court Claim - Lowell / HBOS - 12-12-2014

He has another thread Nem :tinysmile_twink_t2: - http://www.legalbeagles.info/forums/...059#post505059

No wonder I was beginning to loose the plot:tung:
nem.

[nemesis45]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Have a read through some threads with defences.
The defence is a formal statement Never use the words Dear Judge!!

[kazordoon]

Re: Court Claim - Lowell / HBOS - 12-12-2014

Ok, the deadline for my deffence is this Friday. Can I send an email to the claimants solicitors to ask for an extension, since I have no idea yet of how to write my deffence ? Do I need to give them a reason ? The truth is that being a single mum, I don't have much time left at the end of the day to read through all those deffences in 2 days and then write my own, and I just need more time. Can I just state this as the reason ? Thank you.

[kazordoon]

Re: Court Claim - Lowell / HBOS - 12-12-2014

It's the first time I have been taken to court and I have no idea how to prepare a defence letter. First of all, should my defence letter be sent to court by normal post, or can I use the government gateway www.moneyclaim.gov.uk ?
Thank you.