robboy - Lowell/BC

[robboy]

Hi I am new to this site hop you can help me, I received a claim form from CCBC Re; Lowell Bryan carter Lloyds TSB over draft I have request a copy of my consumer credit agreement pursuant to s,77-79 of the consumer credit act 1974 {cca1974} with a £1 postal order from Lowell on 13/5/2015 . I have had on reply to this letter as yet. I have don a defend in full on line on the 21/5/2015 do I need to send a letter to Lowell to say I am defend in full. How do I put my case too the court. I would be great fully for your help. p.s will I receive a reply from the court.

[FlamingParrot]

Re: robboy - Lowell/BC

Welcome aboard

Hi I am new to this site hop you can help me, I received a claim form from CCBC Re; Lowell Bryan carter Lloyds TSB over draft I have request a copy of my consumer credit agreement pursuant to s,77-79 of the consumer credit act 1974 {cca1974} with a £1 postal order from Lowell on 13/5/2015 . I have had on reply to this letter as yet.

The CCA request you sent won't apply to this account because overdrafts do not fall under s.77/79 of the CCA. Those sections refer to loans, credit cards and HP agreements.

I have don a defend in full on line on the 21/5/2015 do I need to send a letter to Lowell to say I am defend in full.

If you acknowledged service saying you intend to defend in full, you don't need to send Lowell anything. They cannot request judgment until the deadline to submit a defence passes. This would be a maximum of 33 days from the date printed on the claim.

How do I put my case too the court. I would be great fully for your help. p.s will I receive a reply from the court.

We'll need to know a bit more about this account. For a start, how long has it been since you paid anything into this current account?

You'd normally send a CPR 31.14 request to Bryan Carter for the documents mentioned on the particulars of claim. You'll find the letter here: http://www.legalbeagles.info/forums/...ic-information

It has to be edited to suit and sent recorded delivery.

Would be useful if you could type up the particulars of claim :typing: or scan the claim form, remove all personal details and post it up. hoto:

[robboy]

Re: robboy - Lowell/BC

Thanks for your reply Particulars of claim, the claimants claim is for the sum of 1080.42, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant Lloyds, under account reference ------- and assigned to the claimant on 30/06/2014 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and not been complied with. And the claimant claims 1080.42 The claimant also claimant 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 73.30. I last paid into Lloyds T S B on the 1 November 2010 , I received a letter from S C M solicitors on 19 October 2010 saying Lloyds have instructed them to send a letter to maker formal demand on me to repay the balance. Cheque account balance808.85 Unplanned overdraft 313.85. I hop this in formation will help you many thanks.

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[robboy]

robboy

Hi knot sure what to do know this is a letter I received from Bryan Carter ,We write further to your recent correspondence requesting under part31,14 of the civil procedure rules. we confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefor not apply, It is our understanding that it policy of the original creditor to issue agreements at the point of contract and statements throughout the duration of the agreement and in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filing your defence. We also confirm we are in receipt of your acknowledgement of service. Documents will be provided in accordance to the courts directions. How do I reply to this letter. I have not yet received any notification from the court of a date. Can any one help me please.

[nemesis45]

Re: robboy

Hi knot sure what to do know this is a letter I received from Bryan Carter ,We write further to your recent correspondence requesting under part31,14 of the civil procedure rules. we confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefor not apply, It is our understanding that it policy of the original creditor to issue agreements at the point of contract and statements throughout the duration of the agreement and in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filing your defence. We also confirm we are in receipt of your acknowledgement of service. Documents will be provided in accordance to the courts directions. How do I reply to this letter. I have not yet received any notification from the court of a date. Can any one help me please.

Hi welcome,

This a standard Carter reply to CPR31.14 however it still applies until the claim is allocated to a track.

You can reply to Carter noting his response and reminding him that as yet the claim has not been allocated
to a track.

Also tell him what may or may not have been provided by the original creditor is of no relevance.

No doubt his reply would be to state that if you pursue the request it will be robustly opposed.

The non compliance can be noted in your defence.

Was a CCA request sent to Carter " client"? This is more important as non compliance renders
the debt unenforceable until the agreement is provided.

nem

[FlamingParrot]

Re: robboy

Hi knot sure what to do know this is a letter I received from Bryan Carter ,We write further to your recent correspondence requesting under part31,14 of the civil procedure rules. we confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefor not apply, It is our understanding that it policy of the original creditor to issue agreements at the point of contract and statements throughout the duration of the agreement and in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filing your defence. We also confirm we are in receipt of your acknowledgement of service. Documents will be provided in accordance to the courts directions. How do I reply to this letter. I have not yet received any notification from the court of a date. Can any one help me please.

It's Mr Carter' standard template response to all requests. The claim has not yet been allocated so here's our standard response: http://www.legalbeagles.info/forums/...385#post410385

The court doesn't have to notify you of the date when your defence is due, you need to do the math (or use this website: http://www.timeanddate.com/date/dateadd.html) and add 33 days to the date printed on your claim form.

[Kati]

Re: robboy - Lowell/BC

Hi [MENTION=66186]robboy[/MENTION] ... I've merged your threads try not to worry, you're in good hands here xx