Court Claim - Lowell / HBOS - 6-2-2015

[chrissy007]

Received a claim? Yes
Issue Date: 6-2-2015
Amount approx: 2211.29
Claimant: Lowell
Solicitor: Brian Carter
Original Credit: HBOS

Particulars of Claim:
Claim is for 1876.20, being claimed under the consumer credit act 1974, between the defendant and HBOS PLC. Assigned to Lowell 03/07/2013.
Daufault Notice served which has not been complied with.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
The claimant also claims also claims statutory interest pursuant to S.69 of the county act 1984.

[FlamingParrot]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Welcome aboard

See below for steps to take once you've acknowledged:

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Anything you could tell us about this account should be helpful.

• Was this a credit card or a loan?
• When did you take it out?
• When did you default on it?
• I take it you made payments in the last 6 years as you say it's not SBd.

[chrissy007]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Thank you so much for the reply. I've definitely been an Ostrich about this and buried my head.

Having acknoledged, Ive just received a Notice of Proposed Allocation to the Small Claims Track. I have NO idea what this means??? Im very anxious that ive left things to late and need to respond Court by the end of the month. PLEASE PLEASE HELP.

The original debt was a student overdraft with Halifax which just spiralled out of control. I've just started my first job after years of being unemployed and I definately do not have the 2000 they want from me!!

[FlamingParrot]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Thank you so much for the reply. I've definitely been an Ostrich about this and buried my head.

Having acknoledged, Ive just received a Notice of Proposed Allocation to the Small Claims Track. I have NO idea what this means???

Presumably you also submitted a defence. What did you say in your defence? :confused2:

All defended claims are allocated one of the three tracks, most claims below £10k are allocated to the small claims track.

I'm very anxious that ive left things to late and need to respond Court by the end of the month. PLEASE PLEASE HELP.

The directions questionnaire is fairly generic. You may want to look at this thread for more information: http://www.legalbeagles.info/forums/...l-Claims-Track

The original debt was a student overdraft with Halifax which just spiralled out of control. I've just started my first job after years of being unemployed and I definately do not have the 2000 they want from me!!

Overdrafts can be a bit tricky to defend.

Did you send a CPR request for documents? The CCA request wouldn't have applied to an O/D. What was your defence?

If all else fails, you may want to consider putting forward a repayment offer you can afford.

[chrissy007]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Thank you for getting back so quickly. Not to sure about what I was doing, i submitted my defence, "as waiting for a original documents from Lowell" as stated in the CCA request form. After that blunder, I then realized that acknowledging didn't mean submitting a defence!!!

To answer some of your questions. this loan was sold to Lowell in 2014. I defaulted with Halifax in 2010 having opened the account in 2008. The overdraft was £1250, and as part of a repayment scheme they extended to £1800. My last payment was 2009/2010 (im not too sure.)

The current form talks about mediation. In your estimation is my only choice at this point to enter a repayment plan with Lowell?

[chrissy007]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Thank you for the thread to filling out the questionnaire too.

To date, I have not sent any correspondence to either Lowell or Carters. Should I send a CPR request to Lowells even though this is an overdraft case or is it to late?

[FlamingParrot]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Thank you for getting back so quickly. Not to sure about what I was doing, i submitted my defence, "as waiting for a original documents from Lowell" as stated in the CCA request form. After that blunder, I then realized that acknowledging didn't mean submitting a defence!!!

To answer some of your questions. this loan was sold to Lowell in 2014. I defaulted with Halifax in 2010 having opened the account in 2008. The overdraft was £1250, and as part of a repayment scheme they extended to £1800. My last payment was 2009/2010 (im not too sure.)

The current form talks about mediation. In your estimation is my only choice at this point to enter a repayment plan with Lowell?

I don't know what arguments you may have to defend the claim. As it's an overdraft, the CCA request wouldn't apply so you couldn't argue non-compliance with s77/78 of the CCA. At the time I copied the steps to take upon receipt of a claim I wasn't specified that this was an O/D.

Thank you for the thread to filling out the questionnaire too.

To date, I have not sent any correspondence to either Lowell or Carters. Should I send a CPR request to Lowells even though this is an overdraft case or is it to late?

The CPR request would have been find to send for an overdraft, however, it is a bit late now you've received the questionnaire saying the case will be allocated to the small claims track, because Part 31 of the CPR (which you'd use to send the request) does not apply to small claims.

The dynamic duo Lowell/BC are not the most clued up in the world, you could wait and see whether they can come up with any documents, once the directions questionnaires are returned, the court will give directions including the need to disclose the documents they are relying on. If they can't produce anything, you may get lucky and they could discontinue, failing that I'm not sure you'd have enough of an argument to defend the claim at a hearing if it came to that. :ohwell:

[chrissy007]

Re: Court Claim - Lowell / HBOS - 6-2-2015

Thank you for all the advice. I've filled out the questionnaire and now its a waiting game