BCS/lowell claim please help/advise!

[fudge]

Re: BCS/lowell claim please help/advise!

hi any advice please?
just to add to the above they have only provided 2010-2011 statements

[nemesis45]

Re: BCS/lowell claim please help/advise!

Hi Fudge,

Please post a copy of the amended POC then we can advise more accurately.

nem

[jojo03]

Re: BCS/lowell claim please help/advise!

I am sure someone will be along soon to suggest something :-)
How old is the account?
Creditors can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account. Have you paid money in within the last 6 years?
I am sure you've thought about that but thought I'd mention just in case :-)

[nemesis45]

Re: BCS/lowell claim please help/advise!

Not strictly true, if a debtor has made any relevant written acknowledgment of a debt in the
relevant 6 year period that will restart the 6 year clock.

Also certain types of account are affected by case law that effectively means the default date
is the start of the relevant period.

nem

[jojo03]

Re: BCS/lowell claim please help/advise!

Yes just re-read that and realised I didn't mention acknowledgement, also I have just remembered you were given statements from 2010-2011 so that would suggest the account was in use then :-/ ignore me lol :-)

[fudge]

Re: BCS/lowell claim please help/advise!

HI need help urgently, I didn't realise I need to submit my amended defence by 4pm today !! I forgot so I will drive at 2pm and hand my amended defence in.

Here are the POC from Lowell and B Carter:
1 amended particulars of claim as ordered by judge **** on 30th April 2012
2 These particulars supersede those submitted and with the claim number **** issued on 21st January 2015 in entirety and should be readas if typed in red.
3the claim does not include any issues with the human rights act
4 the defended entered into a current account with Halifax overdraft under acoount number **** sort code ***** with HBOS PLC on 19th December 2001 and was opened at the defendants previous address ****************
5 the defendant had the benefit of this service and the claimant attaches statements of the account for periods 28th Feb 2011 to 19th March 2012. the defended last made a payment od on 30th November 2011 when transferring in £5.00 into the account the court is directed to page 20 of JA1
6 the court attention is also directed to page 21 showing that the balance of £1063.57 as is the claim sum and does not represent payment of the outstanding balance, the activity code TFR to CDR is transferred to consumer debt recovery
7the defended breached terms and conditions of the agreement by failing to repay when demanded and the account fell into default on 22 march 2012
8 the account was assigned to the claimant on or around 24th june 2014 notice if assignment was sent to the defendant on 9th july 2014 the claimant exhibits a copy of the notice on page 22-23 'JA2'
9 the claimform was issued by the county court business centre and that courts protocol; was followed issu ing the claimants POC. practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they were issued.
10 the claimant claim is for the outstanding balance due under this agreement which is now due and payable.
11 the sum claimed is 1287.86 (inclusive of interest of a daily rate of 0.23 plus costs to date)
12 the claimant reasonably anticipates that the total value of the claim will not exceed 10000

And the claimant claims:
the claim amount 1063.57
interest statment 74.29
claim fee 70
solicitor costs 80



ANY HELP ASAP WILL BE GREAT AS I MUST SUBMIT TODAY

[Kati]

Re: BCS/lowell claim please help/advise!

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] ... help please xx

[Amethyst]

Re: BCS/lowell claim please help/advise!

What is your defence ?

As it is an overdraft then you can't use the CCA issue.

They seem to have covered their bases and supplied the statements of the account and the notice of assignment. I think your best bet is to try and come to an arrangement with them to pay under a Tomlin order.

You didn't know it was an overdraft until receipt of the revised particulars so it is fine to try to do that now - you aren't obliged to defend - so you could (really hugely depends on your circumstances) enter an admission and offer to pay with your income/expenditure to the court if you can't negotiate settlement under a tomlin order (so as not to get a CCJ).

[fudge]

Re: BCS/lowell claim please help/advise!

Hi I don't think I have a defence,

its just frustrating I never received any default notice and none shows on my credit file apart from the one that Lowell put on in December.
they have only provided 1 years statements do they have to provide all since 2001?

ill write up a amended defence saying I am willing to discuss the outstanding balance via tomlin order or negotiation

[Amethyst]

Re: BCS/lowell claim please help/advise!

If you want to negotiate then you will need to telephone or email the claimant - that's for dealing with outside of court.

For court you just need to enter a defence, or admission, or inform the court the case has been settled.... if you can get settlement under a Tomlin order that would be the best way - you come to an agreement with the claimant, they would draw up the tomlin order and it would be submitted to court.

It will basically mean the case is held until you have concluded payments or either side breaches the agreement (ie you miss a payment) .

[fudge]

Re: BCS/lowell claim please help/advise!

Hi but if I don't amend my defence today it said on previous order by the court this below:


Unless the defendant by 4pm on 28th May 2015 files and serves an amended defence the defence shall be struck out and the claimant shall be entitled to enter judgement on the amended particulars of the claim.

does this mean I will get a judgement if I don't submit something today?

[fudge]

Re: BCS/lowell claim please help/advise!

Great,

Ill call the claimant now, try to organise a tomlin then call the court to advise them

Thanks for your help

[Amethyst]

Re: BCS/lowell claim please help/advise!

Hi but if I don't amend my defence today it said on previous order by the court this below:


Unless the defendant by 4pm on 28th May 2015 files and serves an amended defence the defence shall be struck out and the claimant shall be entitled to enter judgement on the amended particulars of the claim.

does this mean I will get a judgement if I don't submit something today?

Yes, unless you settle with the claimant before hand.

They SHOULD have used particulars like that to begin with, that's what the preaction debt protocols are hopefully changing to, to get rid of these generic rubbish claims that gave the absolute bare minimum of details making it impossible to legitimately admit or defend the claim.

[nemesis45]

Re: BCS/lowell claim please help/advise!

@Amethyst @nemesis45 ... help please xx

Answering.

nem.

This has ended up in a real mess Fudge you posted about the order on the 4th May.
You van only hope that if you have taken Amethyst advice that a Tomlin order may
be agreed.

[jojo03]

Re: BCS/lowell claim please help/advise!

[MENTION=63711]fudge[/MENTION] did they agree to do a tomlin?