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Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

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  • Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

    Received a claim? Yes
    Issue Date: 20-01-2015
    Amount approx: 963.08
    Claimant: lowell portfolio
    Solicitor: bryan carter solicitors
    Original Credit: lloyds bank

    Particulars of Claim:
    THE CLAIMENTS CLAIM IS FOR THE SUM OF £771.36 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AND AGREEMENT REGULATED UNDER THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND LLOYDS
    UNDER ACCOUNT REFERENCE 30902815540660
    AND ASSIGNED TO THE CLAIMANT ON 03/07/2013 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 771.36
    THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8% A ANNUM FROM THE DATE OF THE ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 61.72


    Stat Barred? No

    Have sent:

    Other Info:

    I received this claim form on 21/01/2015 and went online and acknowledged the service today 23/01/2015.

    I have made no communication to Lowell or Lloyds reguarding this account since about 2007/8 (I think). I believe this is regarding my old bank account with Lloyds which would be made up of bank charges etc. I have no statements/letters from Lloyds and no letters from Lowell apart from the ones I have received within the last couple of months.
    My noodle account says it was defaulted on 12/06/2009 and that its a current account.

    As I said earlier I have acknowledge the service and I said I would put in to fully defend the claim.
    I have been reading through other threads and gather im to send a CCA to Lowell with a postal order of £1 and a CPR 31.14 to Bryan Carter, do I need to contact Lloyds at all?
    I have downloaded the templates for those 2 letters which I can post on here for you to see.
    If im right in thinking to I have until 22/02/2015 to put my defence in right, as that's 33 days since the issue date.


    Iv never had to deal with anything like this before so apologise if my thread seems all over the place but im still trying to make sense of it all.


    Many thanks

    Baby_Bernie
    Tags: None

  • #2
    Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

    Hi welcome,
    If this is a current account there is no CCA such as you would have with a loan or credit card., so a CCA request is not appropriate.
    Yes CPR31.14 to Carter.
    Your dates are correct.

    On what grounds would you defend the claim?

    It would not appear to be Statute Barred.

    I would write to Lowell requesting a copy of the alleged agreement for the current account. You could try using a CCA request with £1 fee but I suspect it will be sent back.


    nem

    Comment


    • #3
      Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

      Hi thanks for the response.

      As far as I knew the account had been closed but obviously not. Im purely speculating that the amounts are due to charges as iv not had anything to do with Lloyds for such a long time.

      should I contact Lloyds asking them if they have any information regarding this account?


      Baby_bernie

      Comment


      • #4
        Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

        I think Lloyds will probably decline assistance as the debt has been sold on.
        As an aside there's quite a few old Lloyds accounts cropping up at the moment.
        As the POC is vague about the " regulated" agreement perhaps a CCA request
        will draw out some data
        There's a template in the forum library for a CCA request a £1 statutory fee is payable ( use a cheque or postal order endorsed
        " For statutory fee only" Lowell have 12 + 2 days to comply.

        The more I see of these Lloyds accounts the more I think Lowell is unaware of the type of account.

        nem.

        Comment


        • #5
          Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

          Yeah the PoC is rather vague and doesn't really offer much useful information.
          Wish I could remember more about the account it was, im 100% sure it wasn't a credit card which makes me certain it must be a regular bank account.
          I have copied the CCA and CPR forms and filled in with my information on the CPR form I have wrote this, is this appropriate:

          To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 22/02/2015.

          1. The agreement
          2.The notice of assignment
          3.The default notice

          These are the things that are mentioned in the PoC.

          Baby_Bernie

          Comment


          • #6
            Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

            If this is for a current account or overdraft or something what is the likely outcome of going through this defence avenue?
            If I owe them money then fair enough but I don't see why I should pay for something I have no information about or even know if this debt is a real debt.

            Comment


            • #7
              Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

              Sent letters today, guess I will just have to wait and see what happens now,

              Thanks for your help nem

              Comment


              • #8
                Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                Originally posted by baby_bernie88 View Post
                Sent letters today, guess I will just have to wait and see what happens now,

                Thanks for your help nem
                happy to help!!

                Comment


                • #9
                  Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                  Received letter from Bryan Carter today. What should I do now? Should I send a reply letter. Thanks
                  Attached Files

                  Comment


                  • #10
                    Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                    Usual template reply, see what next sent to you, look thru lowells forums and you will see the way they operate in connection to these template letters to throw you off

                    Comment


                    • #11
                      Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                      Cheers Mike I will look on there today.

                      Comment


                      • #12
                        Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                        I sent the reply letter to bc today so will post once iv heard back from them.

                        Comment


                        • #13
                          Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                          So I received the another response letter from bc. Just telling me they reiterated what they said in their previous letter. Not really sure what to do from here. I have until the 22nd feb to put in my defence, so shall I just work on that. Iv not had any response from Lowell regarding my CCA request either.
                          Any advice would be great
                          🙏
                          Attached Files

                          Comment


                          • #14
                            Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                            Gonna start getting my defence together and will post on here tomorrow, if anyone could take a brief look I would be most greatful.

                            Comment


                            • #15
                              Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

                              Post up what you've got ... you'll get lots of advice on it
                              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

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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.




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