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

[nemesis45]

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

Just another template as expected.
Lowell has 12 + 2 days to comply with the CCA request if it does not comply the debt is unenforceable until is does.

nem

[debt1981]

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

Thanks Nem,

Do I need to do anything on the money claim site? and what do I need to do if the 12+2 days passes? Sorry for all the questions I just want to make sure I am doing everything I can.

Just checked the date I sent the letter and the 12+2 days was up on 9/02/2015

Thankyou

[nemesis45]

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

Until the agreement is supplied the debt remains unenforceable .
1. Acknowledge Service and intention to defend online. (done?)

[Don Quixote]

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

Just a quick check on what you sent to who – because Carter seems to have a £1 PO that was needed with the CCA request to Lowell! Did you send a £1 PO to Lowell as well?

You didn’t actually have to send any money to Carter, just the CPR (which he has responded to in his usual way, the lying toerag).

[debt1981]

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

Hi thanks for all the replies,

I sent a a £1 postal order to Lowell as well, but yet still nothing heard back.

This is what i have completed up to in blue and also the below ,
DefenceDispute
Reasons
Defence
Particulars
Counterclaim
Service
Details
Summary
Confirmation

ReferenceREF1

Additional Contact Details

Email Address
xxxxxxxxxxx

Intention

I intend to defend all of this claim.

[debt1981]

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

Any advice on my last post please

[nemesis45]

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

Lowell has 12 + 2 Working Days to comply with the CCA request, if it is not complied with the debt is unenforceable until it is.
You can either write to Lowell at the end of the 12 + 2 days and remind them that the CCA request has not be complied with or wait and see what comes up next.

nem