Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

**nemesis45** · 26th January 2015, 16:24:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Hi welcome,

Please tell your wife not to stress over this, there is a wealth of knowledge here to help you!!
Please can you either scan and post up a copy of the Particulars of Claim after removing personal identifiers and the claim number, or type in verbatim without the identifying data.

Is the account on your credit files?
When was the account defaulted/ OD recalled?

**debt1981** · 26th January 2015, 17:28:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Thanks so much Nemesis45, I've spoken to her and told her not to stress.

This is the Particulars of Claim:

The Claimants claim is for the sum of 1432.59, being monies due form the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds
Under Account reference XXXXXXXXXXXXXX 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 term of the agreement and a default notice has been served which has not been complied with.
And the claimant claim 1432.59

The claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate if 8% per 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 114.61

I have checked my credit files today and it shows the debt with Lloyds as settled with a default date of 27/07/2009.

Then further down I see Current Account from Lowell Portfolio 1 LTD showing:
Start date 13/08/2008

Default date 27/07/2009
Date updated 17/09/2013
Status Defaulted

If you need anymore information please just let me know, and thanks so much for replying and having a look for me.

**nemesis45** · 26th January 2015, 18:16:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Ok so Lowell are claiming this is a regulated agreement with contractual payments and a DN has been served.

First A CCA Request to Lowell and CPR31.14 request to Carter

Current accounts don't have contractual payments?

Did you receive a default notice?

Seems a little mixed up to me!!
But as the Particulars of Claim state and agreement and a DN let's go the normal way as above.

CCA request for the "agreement" and a statement £1.00 statutory fee payable Lowell have 12 + 2 Working days to comply.
Use a cheque or postal order endorsed for statutory fee only (keep a copy) for the statutory fee.

CPR31.14 request to Carter (no fee) 7 days to comply but may be rejected.

There are templates in the forum library.

**debt1981** · 27th January 2015, 09:47:AM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Thankyou ,

I will get the letters created from the templates now and went Jeff asap and follow your advice.We feel a bit better about the situation now knowing people are about to offer advice and help.

I will post my updates here,let's see what happens.

Many thanks again

**nemesis45** · 27th January 2015, 09:56:AM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Happy to help.

nem

**debt1981** · 7th February 2015, 11:36:AM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

i have checked the recorded delivery of the two letters and they were both received on the 29/01/2014. I have yet to receive anything back from them. Do you know what the next best steps are?

Many thanks

**debt1981** · 10th February 2015, 19:13:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Can anyone advise on my next best actions as I have had no response back from either letters and I am starting to really worry now. I didn't sleep last night

Thankyou

**Kati** · 10th February 2015, 19:27:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

bump for [MENTION=55034]nemesis45[/MENTION] :tinysmile_twink_t2:
don't worry [MENTION=61094]debt1981[/MENTION] ... I'm sure you'll get more advice soon!
K x

**nemesis45** · 10th February 2015, 19:42:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Hi I've been bumped:tinysmile_aha_t:.
The CCA request allows 12 + 2 working day from the date posted so a little time left for a response, if the agreement is not forthcoming
the debt is unenforceable until it is produced.
The CPR 31.14 should be complied with in 7days, but Carter will decline to comply.

nem

**debt1981** · 10th February 2015, 20:44:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Thank you nemesis45.

Will Carter even send me a reply back? and is there anything I can do with there failure to comply?

If the agreement is not forthcoming on the CCA request what will happen to the CCJ will it progress, or stop?

Its people like you taking time to explain things that makes me understand this whole process a lot better, thank you

**Don Quixote** · 11th February 2015, 12:05:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

If Carter fails to reply, as nemesis says (or sends his standard refusal letter), or the CCA request remains unfulfilled (which it will, as it’s a bank account), then you MUST still file a defence – if you don’t, they’ll get a default judgment. Let us know in good time if anything turns up. I reckon you need to file your defence by around 20 February to be safe, if the dates provided are correct. Did you acknowledge online and tick ‘defend all’?

You mention your credit file. What’s in the detail? Do you know when your last activity on the account was, rather than the recorded default date?

It looks like you only had the account for about nine months before a default was recorded, so can you tell us what happened? Did you have an an overdraft facility? Were there significant charges on the account? And have you received a statement at all showing the balance and how it has been arrived at?

Finally (for now), you mention you do want to pay this off (which doesn’t really fit with ‘defend all’, but I suppose that’s tactics!). Have you considered a ‘without prejudice’ letter to the claimant offering a fraction of the amount claimed as a full and final?

**nemesis45** · 11th February 2015, 12:32:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Personally I would not recommend " without prejudice" F & F offers if you got to the stage where you need to show that you have attempted to negotiate a settlement you will not be able to use the offer as evidence in court.

Offers should be made as " Gesture of Good Will" without admission of liability and made subject to conditions such as that the remaining balance is not to be sold or assigned for collection to any 3rd party.
Credit files to be marked " settled".

No money should be sent until written acceptance of an offer has been received.

nem

**Don Quixote** · 11th February 2015, 14:19:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Originally posted by nemesis45 View Post

Personally I would not recommend " without prejudice" F & F offers if you got to the stage where you need to show that you have attempted to negotiate a settlement you will not be able to use the offer as evidence in court.

Offers should be made as " Gesture of Good Will" without admission of liability and made subject to conditions such as that the remaining balance is not to be sold or assigned for collection to any 3rd party.
Credit files to be marked " settled".

No money should be sent until written acceptance of an offer has been received.

nem

Good points nemesis!

**debt1981** · 12th February 2015, 18:25:PM

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015

Thanks guys,

So yesterday arrived a letter from Bryan Carter, nothing from Lowell yet at all.

The letter also included my £1 postal order sent back to me.

The letter says:

We write further to your letter dated 26/01/2015 requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

We can 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 therefore not apply.

It is the original creditors policy to issue agreements at the point of contract and statements throughout the duration of the agreement and, in this regard , we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for you to file a Defence.

As you will be aware a Claim was issued in this matter on or around 15/01/2015 and we are in receipt of your Acknowledgment of Service and we note your intention to file a Defence.

Please find enclosed your postal order in the sum of £1.00

We recommend you seek independent legal advice

.................................................. .................................

So its only one response, but where do I go from here?

I have acknowledged online and ticked ‘defend all but the tabs , Counterclaim, Service
Details,Summary,Confirmation are yet to be completed.

I had an account with the bank and it defaulted after 9 months due to some personal issues in my life, I wasn't in a great place way back then.It was an overdraft that I had with the bank. I have not received any statement to show the balance has been arrived at.

Advice on how to go forward and what I need to do on the money claim site?

Thanks so much

Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 26/01/2015