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Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

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  • Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

    Received a claim? Yes
    Issue Date: 8-1-2015
    Amount approx: 3651.19
    Claimant: Lowell portfolio1 LTD
    Solicitor: BW legal
    Original Credit: Lloyds tsb bank

    Particulars of Claim:
    the claimant's claim is for the sum of 3651.19 being monies due from the defendant to the claimant under a current accounts agreement regulated by the consumer credit act 1974 between the defendant and Lloyds tsb bank plc under account reference xxxxxxxxxx8 and assigned to the claimant on 30/06/2013 notice of which was given to the defendant.
    the defendant failed to maintain the contractual agreementand a default notice has been served and not complied with.
    this claim also includes statutory interests pursuant to section 69 of the county courts act1984 at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignement of the agreement to 07/01/2015 being an amount of 367.62


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Lowell previously gave me a statutory demand which I had set aside by taunton county court in September last year .

    I have always disputed that I owed Lloyds anything as the overdrawn balance was generated solely by overdraft excess charge as a result of Lloyds cancelling my overdraft .

    I will verify the dates of my last payment just in case this is statute barred
    Last edited by banknightmare; 13th January 2015, 19:35:PM.
    Tags: None

  • #2
    Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

    Dear All

    Please see attached the scanned copies of claim, acknowledgement of service and draft for CPR 31.14 draft .

    Could you please have a look at my CPR request before I send it .

    if this is not statute barred , I intend to defend this on the grounds of infringement of BCOBS by Lloyds , has anyone had any experience along these lines.

    I will repost attachments without name and case number tomorrow

    Kind regards

    remi
    Last edited by banknightmare; 13th January 2015, 19:34:PM. Reason: displaying names and case number

    Comment


    • #3
      Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

      R,
      Please remove your name and address and any other identifying data claim No, etc.

      Comment


      • #4
        Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

        Could any one tell me what documents i need to ask for in my cpr 30.14 request?

        Comment


        • #5
          Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

          Originally posted by banknightmare View Post
          Could any one tell me what documents i need to ask for in my cpr 30.14 request?
          For a CPR 31.14 request, you ask for the documents mentioned in the POC (usuallyalong the lines of the agreement, notice of assignment default notice and final demand)
          See here (http://legalbeagles.info/cpr-31-14-r...c-information/) for more details and a template letter :tinysmile_twink_t2:

          K x
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

            Many thanks for this Kati, i intend to ask for the current account agreement, the notice of assignement, default notice,and statement of account.
            Should i also ask for the deed of assignement and termination notice?

            Comment


            • #7
              Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

              Not worth the effort asking for the deed, unlikely to assist you in anyway.
              Most likely will be refused on grounds of "commercial sensitivity".

              Comment


              • #8
                Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

                I have sent my cpr 31.14 request to bw legal (sollicitors for lowell portfolio 1 ltd) on friday 16th january with recorded delivery . To date, i ve had no reply. I received the claim on the 10th january. What should i do next, how much time do i have and can i ask the court for additional time if they do not reply soon .

                Comment


                • #9
                  Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

                  Did you send a CCA Request to Lowell as well?

                  Comment


                  • #10
                    Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

                    I thought as this matter relates to an overdraft it would not be covered . Should i still send cca request?

                    Comment


                    • #11
                      Re: Court Claim - Lowell portfolio1 LTD / Lloyds tsb bank - 8-1-2015

                      I still have no reply from bw legal to my cpr31.14 request ,i posted it recorded on friday 16th january. What should i do as tine is running short to establish a defence.please help as i am completely out of my depth. Thank you

                      Comment

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                      SHORTCUTS


                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Directions Questionnaire



                      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

                      Defend Claim - within 28 days from Service (IF you acknowledged in time)

                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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