Court Claim - Lowell / halifax - 20-1-2015

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

[QUOTE=FlamingParrot;523911]It's most certainly worth a try, you can submit it online. Default judgment has to be requested by the claimant, they may not have got round to doing it yet. ray: In that case, it sounds like they may not have twigged it! ray:


Most certainly! SBd is an ABSOLUTE DEFENCE, the best there is! :grin:

See below for a potential defence, adapted from this post: http://www.legalbeagles.info/forums/...658#post453658 That one covers both the SBd angle and the lack of documents produced by the claimant. You'll need to amend it to suit.1.

1. The Claimant's claim was issued on 20th January 2015.
2. The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.
3. The Defendant made a formal request for a copy of the original agreement under section 78(1) Consumer Credit Act 1974 on 9^th February 2015. The Claimant did not respond. While the default of the request continues the claimants is unable to enforce the debt pursuant to s 78(6) on the Consumer Credit Act 1974.
4. The Defendant made a request for inspection of documents mentioned in the Statement of Case under Civil Procedure Rule 31.14 on 12^TH Februaryn2015 which was delivered and signed for by the Claimants solicitor on 13^th February 2015. As of 2^nd March 2015 no information has been received.
5. The Defendant contends the Claimant should have the documents on which he intends to rely in his claim before commencement of proceedings
6. The Claimant's claim to be entitled to payment of £1398.94 or any other sum, or relief of any kind is denied.


Hey guys this is the defence (thank you FlamingParrot:tung Do you think this would be okay...???
Seems to be having problems with royal mail now They can only give proof of signature for the CPR but not for the letter I about the account being SBd or the one For Lowell requesting a copy of agreement.... (say I can put in a claim after the 4th march ....dont suppose they claim will cover £1398.94 worth of debt)
Soooo.... is it still okay to go ahead with this defence???

Because I have not heard from Carter about SBd or from Lowells will i have to write to them again (no signature no proof) (doesn't rain it pours).

Lastly what happens if the put a judgement against me (so to sound so dumb ...what does it all mean?)

Just spoke to the courts .... no judgement has been entered as yet, they will accept my defence if done on line by 4.00pm today

all advice will be most appreciated... panicking now... please help

[FlamingParrot]

Re: Court Claim - Lowell / halifax - 20-1-2015

1. The Claimant's claim was issued on 20th January 2015.
2. The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.
3. The Defendant made a formal request for a copy of the original agreement under section 78(1) Consumer Credit Act 1974 on 9^th February 2015. The Claimant did not respond. While the default of the request continues the claimants is unable to enforce the debt pursuant to s 78(6) on the Consumer Credit Act 1974.
4. The Defendant made a request for inspection of documents mentioned in the Statement of Case under Civil Procedure Rule 31.14 on 12^TH February 2015 which was delivered and signed for by the Claimants solicitor on 13^th February 2015. As of 2^nd March 2015 no information has been received.
5. The Defendant contends the Claimant should have the documents on which he intends to rely in his claim before commencement of proceedings
6. The Claimant's claim to be entitled to payment of £1398.94 or any other sum, or relief of any kind is denied.


Hey guys this is the defence (thank you FlamingParrot:tung Do you think this would be okay...???

You seem to have it all covered. If I was you, I'd submit it online a.s.a.p.! :clock:

Seems to be having problems with royal mail now They can only give proof of signature for the CPR but not for the letter I about the account being SBd or the one For Lowell requesting a copy of agreement....

Don't worry about that, actually the CPR request is the most relevant here and it's good you have proof of that one. :thumb:

(say I can put in a claim after the 4th march ....dont suppose they claim will cover £1398.94 worth of debt)
Soooo.... is it still okay to go ahead with this defence???

Why would you submit a claim?

[FlamingParrot]

Re: Court Claim - Lowell / halifax - 20-1-2015

Because I have not heard from Carter about SBd or from Lowells will i have to write to them again (no signature no proof) (doesn't rain it pours).

Not at the moment, there's no need to chase the CCA request as their lack of response helps your defence as you can see above. You are submitting an official SBd defence to the court so that supersedes any SBd letter you'd previously sent so no need to worry about that. Just go ahead and submit the defence. :typing:

Lastly what happens if the put a judgement against me (so to sound so dumb ...what does it all mean?)

Just spoke to the courts .... no judgement has been entered as yet, they will accept my defence if done on line by 4.00pm today

all advice will be most appreciated... panicking now... please help

EXCELLENT NEWS! :whoo: :whoo:

Just log in and submit your defence online well before 4pm! :typing:

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

[:thumb:

Why would you submit a claim? [/QUOTE]

Thank you for your reply just finished doing my defence on-line. relief
:tinysmile_twink_t2:

( Sorry that was my dry sense of humour ....no claim.. just the option was given ( was trying to be sarcastic lol)

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello again,

just wondering what happens next, do I just wait to hear something now or should I b doing somehing??? (if that makes sense lol)

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello again,

just wondering what happens next, do I just wait to hear something now or should I b doing somehing??? (if that makes sense lol)

[FlamingParrot]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello again,

just wondering what happens next, do I just wait to hear something now or should I b doing somehing??? (if that makes sense lol)

I assume you submitted your defence and it was accepted and you've got confirmation, etc. If so, just relax for now, there's nothing else to do until you hear from the court.

The court will send your defence to the other side who has to reply within 28 days saying whether they wish to proceed with the claim. When they respond, the court will inform you of their decision.

If the claimant does not respond within 28 days, the case will be stayed and you could potentially request a strike-out.

Do keep us posted. :typing:

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

[QUOTE=FlamingParrot;524508]I assume you submitted your defence and it was accepted and you've got confirmation, etc. If so, just relax for now, there's nothing else to do until you hear from the court.

when I submitted my defence got the option to save it .... was that my confirmation ...better double check!!!

Defo will keep you posted, couldn't have got this far without this site ... probably would of just buried my head in the sand and got a ccj against me.. thanks a lot guys !!!!!

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hey guys,

I have received a letter from Bryan Carter this morning (letter attached), the thing is I defiantly do not remember making a payment to hbos since the account was defaulted in 2005.
All advice or any would be most appreciated...

[Streetwise]

Re: Court Claim - Lowell / halifax - 20-1-2015

hey guys,

I have received a letter from Bryan Carter this morning (letter attached), the thing is I defiantly do not remember making a payment to hbos since the account was defaulted in 2005.
All advice or any would be most appreciated...

Ask them for prove of the payment how it was paid and from where then check back your statements.

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

Hey guys,

I have a appointment for mediation next week 24th April 2014 decided to go on this route as in and out of hospital and seemed less stressful ( can not deal with going to court defending)
Just wanted to know if anyone eels has opted to this option and what to expect...
all advice will be highly appreciated!!!

[nemesis45]

Re: Court Claim - Lowell / halifax - 20-1-2015

Hey guys,

I have a appointment for mediation next week 24th April 2014 decided to go on this route as in and out of hospital and seemed less stressful ( can not deal with going to court defending)
Just wanted to know if anyone eels has opted to this option and what to expect...
all advice will be highly appreciated!!!

Been on a considerable number of telephone mediation on behalf of others over the years.
It's a very much easier process and a lot less stress full!!

Make sure you have All your " evidence" together make Bullet Points of all the things you would use
to defend the claim
Especially all the data you have on the alleged debt being statute barred. Raise any points such as non compliance with a CCA request.

The process is simple for telephone mediation.
The mediator will phone you to make the " introductions" the will ask the claimants representative to state their case, the mediator will ring you back and tell you what Lowell has said and you can make your reply, this continues until either an agreement is reached or deadlock occurs.
Important for you: You believe that the alleged debt is statute barred, which is a complete defence personally I would put that to Lowell immediately in response to there 1st statement.



Please remember:

The mediator is not a judge/barrister/solicitor and cannot give legal advice, If an agreement is reached this will be set down in a Consent Order (Tomlin Order) Binding on both Parties and this will be sent to you and the claimant for signature the order is then sent to the court to be sealed, you will be sent a copy.
If the mediation fails the claim continues on track to a hearing.

nem

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

Hey guys just wanted to give u an update for the mediation progress...
It was the first time I had to experience something of this nature and as u could imagine I was petrified .... But the last post from Nem was very helpful....
Cutting a long story short we reached an agreement ... I agreed to pay the original outstanding amount from the loan only and not the extra interest or court fees etc....
mentioned I was aware the account was status barred ... They will quick to agree to do it instalments and was a pleasant experience ....wish I was not caught up in everything else , would have wanted to defend it in court....
Would like to thank all the beagles for their advice.... Thank you

[nemesis45]

Re: Court Claim - Lowell / halifax - 20-1-2015

Hi, I'm glad you are happy with the result.

I presume a consent order is being drafted for you, check it carefully before signing and returning.

Keep to the terms of the order and you will hear no more!!

nem

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

Hi, I'm glad you are happy with the result.

I presume a consent order is being drafted for you, check it carefully before signing and returning.

Keep to the terms of the order and you will hear no more!!

nem

Hi,
I have received an e-mail as per telephone conversation stating out the terms agreed ... nothing to sign and if all is going as agreed the courts will close the case on 23rd July 2015... Hope it is simple as that lol...