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

[FlamingParrot]

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:

Apologies for the confusion, I only mentioned Santander as an example of a bank that had taken a debtor to court and lost, :grin: this was in connection with my question about the type of card you had, whether it had originally been a store card. Hope it's all clear now.

[yhussain0786]

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

Hi there I received a letter back from Lowell today back with my £1 cheque saying that they are requesting a copy of the agreement from the original lender whom they say is Fredrickson and that any general management and handling of this has been outsourced to Fredrickson as a result of this that all future communication should be sent directly to them...and Lowell also saying that whilst we endeavour to reply to you with the required information within the prescribed 12 days period under Consumer Credit Act you will appreciate this is dependent upon receipt of the information from the original creditor...What to do next... what does this mean now... i would appricate your help with this thank you:tinysmile_twink_t2:

[FlamingParrot]

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

Hi there I received a letter back from Lowell today back with my £1 cheque saying that they are requesting a copy of the agreement from the original lender whom they say is Fredrickson and that any general management and handling of this has been outsourced to Fredrickson as a result of this that all future communication should be sent directly to them...and Lowell also saying that whilst we endeavour to reply to you with the required information within the prescribed 12 days period under Consumer Credit Act you will appreciate this is dependent upon receipt of the information from the original creditor...What to do next... what does this mean now... i would appricate your help with this thank you:tinysmile_twink_t2:

It doesn't change anything, if Lowell are taking you to court then it's THEIR responsibility to comply with requests regardless who they appoint to do the work for them. In principle they should have had the documents in their possession before issuing a claim. They never do and issue claims hoping for default judgment or an admission.

Non-compliance with a request under s.78 of the CCA is a bar to enforcement, although only for as long as the default persists, i.e. they could supply you with the documents at a later stage, at that point they'd have to be evaluated on their own merits, i.e. whether there is a properly executed agreement or not.

[yhussain0786]

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

Thank you for your help I should put in a defence looking at next week now :tinysmile_twink_t2:

[FlamingParrot]

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

Thank you for your help I should put in a defence looking at next week now :tinysmile_twink_t2:

You'll find example defences based on no documents supplied here: http://www.legalbeagles.info/forums/...t-Court-Claims

It needs to be adjusted to suit the circumstances of your case but should give you an idea. :thumb:

Lowell and Mr Carter NEVER supply any documents, at least not before a defence is submitted, you have a better chance of finding a UFO in your front garden than a document supplied by Mr Carter on your mat at this point, so I'd say you'd be looking at the generic defence. :ranger:

[yhussain0786]

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

Hi what do you think does this look ok send off next week.

In the Northhampton County Court
Claim number B3AQ34D3

Between:

LOWELL PORTFOLIOI LTD - Claimant

and

MISS YASMIN HUSSAIN- Defendant

1. I received the claim B3AQ34D3 from the Northampton County Court on 16^th May 2015

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from HBOS PLC to LOWELL PORTFOLIL I LTD on 3^RD JULY 2013 . The Defendant does not recall receiving notice of this assignment.

7. It is denied that HBOS PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8. On the 18^TH MAY 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BRYAN CARTER SOLICTORS LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment

9. BRYAN CARTER SOLICTORS LLP has not sent any of these documents to me.

10. On the 18^TH MAY 2015 I sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO I LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed MISS YASMIN HUSSAIN
Dated

[nemesis45]

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

Very good Yasmi,

Ready to go, but please remove all bold type and use standard print.

Nem

[FlamingParrot]

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

10. On the 18^TH MAY 2015 I sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO I LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

If this was for a credit card, just leave 78 and remove the square brackets, i.e "pursuant to section 78 of the Consumer Credit Act..." and "comply with s78(1)..."

The example also includes s.77 which relates to loans.

[yhussain0786]

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

Hi There just out of curiosity if the case gets to court do you need to be there in person or not

[FlamingParrot]

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

Hi There just out of curiosity if the case gets to court do you need to be there in person or not

If they claimant decides to proceed after receiving your defence, the case will be transferred to your local court. You will receive a directions questionnaire with provisional allocation. You'll be asked to name your preferred court and any dates you won't be able to attend in the next six months. If a hearing is scheduled then you should attend.

[yhussain0786]

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

Hi thanks for that but what if you cannot attend does the hearing still go on... does it affect the case in anyway :tinysmile_hmm_t2:

[yhussain0786]

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

Hello there I recevied a letter today from Carters saying that Lowell will be proceeding with case to go ahead and they want to negotiation between the parties and to ring them to discuss the mattter. I should just wait now best thing to do I suppose untill I hear back from the Courts.. Any Advise is appreciated. Thank you:tinysmile_twink_t2:

[FlamingParrot]

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

Hello there I recevied a letter today from Carters saying that Lowell will be proceeding with case to go ahead and they want to negotiation between the parties and to ring them to discuss the mattter. I should just wait now best thing to do I suppose untill I hear back from the Courts.. Any Advise is appreciated. Thank you:tinysmile_twink_t2:

Mr Carter has been sending out similar letters to everyone whose defence he's received, probably a last ditch attempt at getting people to make a payment offer in view of the fact that his chances of getting his hands on the documents are rather slim. I would just sit and wait for the directions questionnaire. :ranger:

[yhussain0786]

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

Hi I just wanted to double check something when i sent Lowell my CCA request with the £1 cheque I didnt sign the cheque thinking they could copy my signature does this matter in my case as I dont want Lowell using it against me. Any help on this matter would be a appreciated.:tinysmile_twink_t2:

[FlamingParrot]

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

Hi I just wanted to double check something when i sent Lowell my CCA request with the £1 cheque I didnt sign the cheque thinking they could copy my signature does this matter in my case as I dont want Lowell using it against me. Any help on this matter would be a appreciated.:tinysmile_twink_t2:

Did you use a squiggle or something instead of your signature or just left it blank? They can't use it against you, however, if it's blank, they could return the cheque to you and argue they won't respond until you pay the statutory fee. When I sent my CCA requests everybody was going on about signatures being lifted (it was years ago) so I just sent postal orders. :thumb: