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Court Claim - lowell / cooperative bank - 20-1-2015

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  • Court Claim - lowell / cooperative bank - 20-1-2015

    Received a claim? Yes
    Issue Date: 20-1-2015
    Amount approx: 700
    Claimant: lowell
    Solicitor: Bryan Carter
    Original Credit: cooperative bank

    Particulars of Claim:
    The Claimants claim is for the sum of 507.67 being monies due from the defendent to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendent and Cooperative Bank under acc. ref. xxxxxx and assigned to the claimant on 22.01.13. Notice of which has been given to the defendent. The defendent failed to maintain contractual repayment under the terms of the agreement and a default notice has been served but not complied with.
    And the claimant claims xxxxx
    The claimant also claims statutary interest pursuant to s69 of the county act 1984 at a rate of 8%pa. from the date of the assignment of the agreement to date but limited to a maximum of 1 year and a maximum of 1000 amounting to xxx


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    In July of last year I put in a cheque from a third party for £350 to an old coop savings account. It never registered on the account although it was cashed and despite asking where it went I've had no meaningful response.
    I'm assuming it was 'clawed back' by the bank, although it would be useful to find out and offset it from this claim.
    Tags: None

  • #2
    Re: Court Claim - lowell / cooperative bank - 20-1-2015

    Hi Welcome,
    What type of accounts is this credit card/loan/current account/overdraft?
    When was the account opened?
    When was it defaulted.

    You need to make a CCA request to Lowell and a CPR31.14 request to Carter.

    The savings account problem is secondary at the moment I think, although this may be a subject of the general incompetence of the Co Op bank.

    have you checked your credit reference files for this account.

    nem

    Comment


    • #3
      Re: Court Claim - lowell / cooperative bank - 20-1-2015

      hi nem and thanks, this was for a current account probably opened some 12 years ago. I shall send a CCA request to Lowell and a CPR31.14 to Carter. Would I check my credit reference files through Experian?. It was defaulted about 4 years ago. ftb

      Comment


      • #4
        Re: Court Claim - lowell / cooperative bank - 20-1-2015

        Experian, Equifax have 30 day free trials or Noddle from Call Credit is free.

        nem

        Comment


        • #5
          Re: Court Claim - lowell / cooperative bank - 20-1-2015

          Thanks nem, I'll do that tonight and post recorded delivery tomorrow.
          ftb

          Comment


          • #6
            Re: Court Claim - lowell / cooperative bank - 20-1-2015

            Regarding the 'dissappearing' £350 can I use this in a counterclaim and include the bank in the counter claim?
            ftb

            Comment


            • #7
              Re: Court Claim - lowell / cooperative bank - 20-1-2015

              It will depend on if you have retained all the details of the payment.
              Did query the " non " appearance of the £350 in the account?

              Comment


              • #8
                Re: Court Claim - lowell / cooperative bank - 20-1-2015

                thanks nem, yes I did query the non appearance and I have a paying in slip from the bank as well as details of the cheque. Despite several visits to the branch and several expensive phone calls nothing happened. It was a cheque from a customer to buy a window, I returned the cash to the customer immediately as it caused some friction, the cheque was cashed but not to my account.
                ftb

                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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