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

[KnightRider]

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

hello,

i am trying acknowledge the claim on moneyclaim.gov.org, its asking me on page 3 if in intend to defend all or part of the claim?
i was under the impression at this stage i only want to acknowledge the claim .....anyone has any ideas to what i am doing wrong?

:tinysmile_hmm_t2: just saw the notes .....intend to defend in full... is what i should be clicking ....

[nemesis45]

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

Enter defend all!

nem

[Streetwise]

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

She (lol) does remember making a payment of £35.00 on the 1st July 2010, the £10.00 19th May 2011 appears on the statement.
I recently done a SARs on my halifax account and they did send me the the original loan agreement, so my guess would be Lowell's will have one too.
They problem I have is there is no way I can pay the amount the requesting to stop the ccj...
Do I fill and send the claim form back as requested?

She does remember making a payment on the 1st of July 2010.

[KnightRider]

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

She does remember making a payment on the 1st of July 2010.

Yeah I do...but just spoke to Halifax and my account was defaulted August 2008 and they have confirmed as well as me checking on Noddle that it is not on my credit file. Does that mean my six years were up August 2014 and my account is status barred.
I was making payments to Moorecroft from feb 2009 - July 2010.

Just finished requesting a CCA from Lowells and going to be working on an e-mail for Carter, and a CPR 31.14.

Am I on the right track??? (sorry guys totally new to this... just need to be spoon feed abit)

[Streetwise]

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

Yeah I do...but just spoke to Halifax and my account was defaulted August 2008 and they have confirmed as well as me checking on Noddle that it is not on my credit file. Does that mean my six years were up August 2014 and my account is status barred.
I was making payments to Moorecroft from feb 2009 - July 2010.

Just finished requesting a CCA from Lowells and going to be working on an e-mail for Carter, and a CPR 31.14.

Am I on the right track??? (sorry guys totally new to this... just need to be spoon feed abit)

If you made a payment for this debt in 2010 its not SB.

[nemesis45]

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

What happens is All defaulted accounts are removed from credit files on the 6th anniversary of the default date Paid or Not, any payment
or written acknowledgment of the debt in the relevant 6 year period restarts the clock.

CCA Request and CPR31.14 request is the correct approach.
Don't for get the £1 statutory fee for the CCA request ( use a cheque or postal order endorsed " For Statutory Fee Only" keep a copy)

nem

[KnightRider]

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

Hey guys,

Received a letter from Bryan Carter dated 17th Feb 15, any advice to next steps.... really does not make any sense to me.
Any experience to what happens next? Letter attached

[MIKE770]

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

usual response, from them until allocated then CPR is relevant, read other Lowell etc threads you will see how they operate with these missive letter

[FlamingParrot]

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

Hey guys,

Received a letter from Bryan Carter dated 17th Feb 15, any advice to next steps.... really does not make any sense to me.
Any experience to what happens next? Letter attached

It makes no sense because it's

That's a bog standard template response from BC, the one they always use!

As they handle claims for so many different types of credit products, I'd like to know how the hell can they possibly know what the original creditor's policies are, when they could have been so many of them! Not to mention the time span, some accounts could be 20 years old, some opened two years ago, that's major bullshit!

Nothing like a good rant against BC, :grin: now to the practical points, see this thread for a response: http://www.legalbeagles.info/forums/...385#post410385

[KnightRider]

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

It makes no sense because it's

That's a bog standard template response from BC, the one they always use!

As they handle claims for so many different types of credit products, I'd like to know how the hell can they possibly know what the original creditor's policies are, when they could have been so many of them! Not to mention the time span, some accounts could be 20 years old, some opened two years ago, that's major bullshit!

Nothing like a good rant against BC, :grin: now to the practical points, see this thread for a response: http://www.legalbeagles.info/forums/...385#post410385

Thank you..... started to lose sleep over it.... feel much better now... thanks a lot guys

[KnightRider]

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

hello,

I have received a reply from Bryan Carter ....pity much the same as the previous one, they do not need to provide CRP and to refer to my own documents. Still have not received a reply from Lowells. What would b the next steps. Do I need to file a defence. (sorry have not had a chance to read the forum as have other family issues going on) Was caring my grandmother as her carer had fallen ill, at the age of 102 and three kids... its been challenging lol.
Hoping to get a chance to do this now but just needed quick advice as i might have been missing something. Is there a deadline that we have to file the defence?
Thanks in advance for any advice will be most appreciated

[KnightRider]

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

Hello again, just been browsing thru the forum .... Looks like I have missed the defence date.... Any advice to what I can do now??? How do I file a defence?
Help.... Please

sorry slightly confused with dates.... If I received a court claim dated 21/01/15 is it 33 days from that date or 33 working days.

[FlamingParrot]

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

Hello again, just been browsing thru the forum .... Looks like I have missed the defence date.... Any advice to what I can do now??? How do I file a defence?
Help.... Please

Let's hope they haven't requested judgment. ray:
See this thread for an example defence when you have received no documents from the other side, needs to be adapted: http://www.legalbeagles.info/forums/...t-Court-Claims

sorry slightly confused with dates.... If I received a court claim dated 21/01/15 is it 33 days from that date or 33 working days.

33 days: https://www.justice.gov.uk/courts/no...sked-questions

How long do I have to file a response to my claim?
Counting from the date of issue -
Acknowledgement of Service:
14 Days + 5 Days (service) = 19 Days. (An Acknowledgement of Service gives 14 days extra from the date of service to file a defence).
Defence, without filing an Acknowledgement of Service:
14 days + 5 Days (service) = 19 Days.
Defence, after filing Acknowledgement of Service:
14 + 14 + 5 = 33 Days in total.

[KnightRider]

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

Let's hope they haven't requested judgment. ray:
See this thread for an example defence when you have received no documents from the other side, needs to be adapted: http://www.legalbeagles.info/forums/...t-Court-Claims

33 days: https://www.justice.gov.uk/courts/no...sked-questions

Thank you for your reply, My 33 days were up on the 22nd February , even though its late can I still send the defence in. I received a letter from Bryan Carter dated 25th February which was basically the same as the first refusing an extension and refusing to send documents under Part 31.

I also did send a letter thinking this account was SB ( template taking from the forum Library) but have not received a reply to that.
Do I mention SB in my defence statement?
sorry totally confused never had to deal with anything like this before

[FlamingParrot]

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

Thank you for your reply, My 33 days were up on the 22nd February , even though its late can I still send the defence in.

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:

I received a letter from Bryan Carter dated 25th February which was basically the same as the first refusing an extension and refusing to send documents under Part 31.

In that case, it sounds like they may not have twigged it! ray:

I also did send a letter thinking this account was SB ( template taking from the forum Library) but have not received a reply to that.
Do I mention SB in my defence statement?
sorry totally confused never had to deal with anything like this before

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. 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 [xx/xxxx/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 [xx/xxxx/2015] which was delivered and signed for by the Claimants solicitor on [xx/xxxx/2015]. As of[xx/xxxx/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 [£XXX ] or any other sum, or relief of any kind is denied.