Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

[yhussain0786]

Received a claim? Yes
Issue Date: 14-5-2015
Amount approx: 433.81
Claimant: lowell portfolio ltd
Solicitor: bryan carter solicitors
Original Credit: hbos plc

Particulars of Claim:
THE CLAIMANTS CLAIM IS FOR THE SUM OF £401.69, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND HBOS PLC UNDER ACCOUNT REFERENCE XXXXXXXXXXXXXXX AND ASSIGNED TO THE CLAIMANT ON 03/07/2013, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENTS UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH AND THE CLAIMANT CLAIMS £401.69. THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 32.12.

Stat Barred? No

Have sent: Acknowledged the Claim

Other hi if anyone can help with what forms to send off next in my defents. thank you

[nemesis45]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi Welcome to LB.


What type of account is this, Credit Card, Loan, current account/overdraft? Next step varies according to the type of account.

For a Credit Card/ unsecured loan. Make a CCA Request to Lowell for the agreement of this account,
There is a £1.00 statutory fee for this, use a cheque or postal order for £1 endorsed " For Statutory Fee Only" keep a copy of cheque/PO. Lowell has 12 + 2 Working Days to comply. There is a template in the forum library for the request. (signed for post is best do not use a PO Box No. in the address for Lowell.

The A request under Civil Procedure Rule ( CPR) 31.14 this goes to Carter (no fee) and is for all the documents mention in the Particulars of claim nothing else can be requested.

Please give us some history of the debt.

1. date account opened.
2. Date Defaulted.
3. Date of last payment or written acknowledgment.
4. What are you considering as a defence to the claim.

nem

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi,
The Account is a Credit Card/Store Card.

1. the account was open on the 30/07/2008 sometime ago.
2.The account Default date is 09/06/2010 acorrding to Noddle credit report.
3.I have only started paying a token £1 last year because of the threating letters...Last payment was last year sometime but could not keep up with payments which were £1 per month.
4.This debt is over 5 years old I dont even remember opening a account as i living at different address and moving around




1)I have done The Acknowledment on the 16/05/2015
2)I have sent off CCA to Lowell on the 18/05/2015 (Recorded Delivery)
3)I have sent off CPR to Carter on the 18/05/2015 (Recorded Delivery)

Waiting game at the moment

[nemesis45]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

OK,

CCA Request 12 + 2 Working Days to comply if Lowell do not produce the agreement
within that time scale the debt becomes statute barred until it is produced.

Carter is likely to decline to comply with CPR31.14, claiming that it claim will
be allocated to the small claims track, we can deal with that as and when it happens.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi
Carter have... as i thought sent a letter of small claims track letter of decline to comply with CPR31.14 now what letter to send them next....and no word from Lowell yet

[FlamingParrot]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi
Carter have... as i thought sent a letter of small claims track letter of decline to comply with CPR31.14 now what letter to send them next....

You'll find it here: http://www.legalbeagles.info/forums/...385#post410385

Carter ALWAYS reply with the same generic template arguing the point!

and no word from Lowell yet

No need to chase your CCA request, just the above.

If they don't respond to your CCA request, this can be used in your defence. :thumb:

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi Just a quick question do I need to put in a defence in writing or do i do it online?:tinysmile_twink_t2:

[FlamingParrot]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi Just a quick question do I need to put in a defence in writing or do i do it online?:tinysmile_twink_t2:

You can submit your defence online using the MCOL account details you used to acknowledge. :typing:

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi I got a letter from Carter back the Second letter sent out to me about the discloure under Part 31 of the CPR. No word from Lowell today is the 12th day. Now what to do??thank for your advise it has help me alot.

[FlamingParrot]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi I got a letter from Carter back the Second letter sent out to me about the discloure under Part 31 of the CPR. No word from Lowell today is the 12th day. Now what to do??thank for your advise it has help me alot.

Carter is not the most co-operative of people around and always refuses to comply. You could try asking him to agree to an extension of time to submit your defence, but he's very likely to refuse.
There is no need to chase Lowell for the CCA request.

Given that the amount claimed is relatively small, I wouldn't think it would be worth submitting an unless order forcing disclosure in this case. You may be better off submitting a generic defence based on the lack of documents and non-compliance with a CCA request. An example can be seen here: http://www.legalbeagles.info/forums/...t-Court-Claims

It needs to be adapted to suit your case, you may want to post up your version before submitting it. :typing:

I note from one of your previous posts, that this was a "Credit Card/Store Card". Was this originally a store card which was then upgraded to a credit card? Can you give us a bit of history? There was a rather well known case three years ago, involving store cards upgraded to credit cards without a new agreement being signed. :thumb:

Hi,
The Account is a Credit Card/Store Card

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

I think its a Credit Card not a store card:tinysmile_hmm_t2:

[FlamingParrot]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

I think its a Credit Card not a store card:tinysmile_hmm_t2:

OK, I thought I'd ask just in case, there was a well known case a few years ago where Santander lost in court because the card had been originally a store card.

[nemesis45]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

I think its a Credit Card not a store card:tinysmile_hmm_t2:

Was this a Santander Card originally, there have been some acquisitions of other brands?

nem

- - - Updated - - -

I think its a Credit Card not a store card:tinysmile_hmm_t2:

Was this a Santander Card originally, there have been some acquisitions of other brands?

nem

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi I never had a Santander card I think this one has to do with a Halifax Card...I was just wanted to know when to summit the Defence time is coming near I recieved the court documets on the 16th May...Thank for your help so far:tinysmile_twink_t2:

[Kati]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi I never had a Santander card I think this one has to do with a Halifax Card...I was just wanted to know when to summit the Defence time is coming near I recieved the court documets on the 16th May...Thank for your help so far:tinysmile_twink_t2:

33 days from date of issue or 28 days from receipt
http://www.timeanddate.com/date/dateadd.html