**DISCONTINUED** Court Claim - Lowell / Lloyds - 14-7-2015

[LLotty]

Received a claim? Yes
Issue Date: 14-7-2015
Amount approx: 1195.28
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Lloyds

Particulars of Claim:
the claimants claim is for the sum of 968 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference and assigned to the claimant on 4/7/2013 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £968 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 the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 77.72

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Date of last payment 19th August 2009

Sent CPR 31.14 and copy of agreement request. Received letter back saying that CPR31.14 is not applicable and I should refer to my own records for copy of credit agreement.

Do I have a defence? Got to fill in defence soon and I really don't want Lowell to win! Any advice would be gratefully received please!

thanks in advance

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Received a claim? Yes
Issue Date: 14-7-2015
Amount approx: 1195.28
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Lloyds

Particulars of Claim:
the claimants claim is for the sum of £968 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference XXXXXXXXXX and assigned to the claimant on 4/7/2013 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £968 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 the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 77.72

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Date of last payment 19th August 2009

Sent CPR 31.14 and copy of agreement request. Received letter back saying that CPR31.14 is not applicable and I should refer to my own records for copy of credit agreement.

Do I have a defence?

Hi welcome to LB.

Is the a current account with an overdraft?
We need more history on the account 6 year period is different for some types of account, but if the last payment date was 19/08/2009 the claim is within time limits.
So as much detail as possible please.

nem

You should also edit out the account No. as it could identify you,

[FlamingParrot]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Received a claim? Yes
Issue Date: 14-7-2015
Amount approx: 1195.28
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Lloyds

Particulars of Claim:
the claimants claim is for the sum of 968 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference and assigned to the claimant on 4/7/2013 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £968 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 the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 77.72

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Date of last payment 19th August 2009

Any idea what this was for? A loan or a credit card? Doesn't sound much like an overdraft given they quote a regulated agreement and a default notice.

In any case, going by the dates above, they issued just before the account was SBd.

Sent CPR 31.14 and copy of agreement request. Received letter back saying that CPR31.14 is not applicable and I should refer to my own records for copy of credit agreement.

Do I have a defence? Got to fill in defence soon and I really don't want Lowell to win! Any advice would be gratefully received please!

thanks in advance

You must have received Mr Carter's generic template letter which I'm well acquainted with. :ohwell:

Without further account information, given it's not SBd and the fact they've not supplied you with any documents, you should be filing the generic defence based around lack of compliance with your request. An example (that needs to be adapted) is here: http://www.legalbeagles.info/forums/...t-Court-Claims

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

The POC mentions a Regulated Agreement, have you sent a CCA request to Lowell.
The CCA request has a £1 statutory fee to be paid, use a cheque or postal order endorsed "for
statutory fee only" Lowell has 12 + 2 Working Days to Comply, failure to comply within the time scale renders the debt unenforceable until the agreement is found. Use the template from the forum library.

nem

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi, thank you for your replies! I have sent the CCA to Lowell, received nothing. It's for a credit card.

- - - Updated - - -

Hi Nem, thanks for your reply! it was for a credit card. I have deleted the account number, it's just showing as quoted on your reply now. Are you able to delete that please? thanks for the tip!

- - - Updated - - -

Hi Nem, thanks for your reply! it was for a credit card. I have deleted the account number, it's just showing as quoted on your reply now. Are you able to delete that please? thanks for the tip!

- - - Updated - - -

Thank you! I'm just worried that I'll be slapped with further fees if they produce a CCA? Will I have to attend a hearing?

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi, thank you for your replies! I have sent the CCA to Lowell, received nothing. It's for a credit card.

- - - Updated - - -

Hi Nem, thanks for your reply! it was for a credit card. I have deleted the account number, it's just showing as quoted on your reply now. Are you able to delete that please? thanks for the tip!

- - - Updated - - -

Hi Nem, thanks for your reply! it was for a credit card. I have deleted the account number, it's just showing as quoted on your reply now. Are you able to delete that please? thanks for the tip!

It's all clear now LLoty.

If Lowell does not comply within the 12 + 2 Workings days the debt is unenforceable until they come up wit an agreement. So there is no need to chase them for that.

If the solicitors come back with the usual claptrap about allocation to the small claims track etc., They can be reminded that CPR 31.14 still applies until the claim is actually allocated to a track.

nem

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Thank you! I'm just worried that I'll be slapped with further fees if they produce a CCA? Will I have to attend a hearing?

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

I think I have to submit my defence soon as my 28days is almost up. Should I cut and paste and make relevant amendments from the link flaming parrot kindly posted? I'm just so worried they'll make me liable for even more money! But if I can win, that would be such a relief!

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

I think I have to submit my defence soon as my 28days is almost up. Should I cut and paste and make relevant amendments from the link flaming parrot kindly posted? I'm just so worried they'll make me liable for even more money! With a baby on the way, every penny counts! But if I can win, that would be such a relief!

To answer your last two posts.
Yes amend the defence template to suit, but I think you would find this easier to do if you take a look at some of the threads with defences so you get a more detailed concept of the language and format.

If the claim goes to a hearing it would be unwise not to attend the court, this leaves the claimant to a relatively free hand.

The claim would be heard " in chambers" not an open court, just you the claimants representative and the judge, you can take someone with you, but they will not be able to speak for you.

nem

The court fees are included in the claim and are added to the amount owed if the claimant wins.

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Eeek! Just sounds too scary! I know I owe the money, I'm a terrible liar, if the court asks me, I'd probably crumble and say I owe it! Perhaps I should just pay. Thank you for your help

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Eeek! Just sounds too scary! I know I owe the money, I'm a terrible liar, if the court asks me, I'd probably crumble and say I owe it! Perhaps I should just pay. Thank you for your help

Hi Before considering offering payment wait and see what happens with the CCA request.

nem

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Bryan Carter wrote back and said the CPR was not applicable and I should refer to my own records for the CCA

[FlamingParrot]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Thank you! I'm just worried that I'll be slapped with further fees if they produce a CCA? Will I have to attend a hearing?

If it goes that far then it's a good idea to attend.

I think I have to submit my defence soon as my 28days is almost up. Should I cut and paste and make relevant amendments from the link flaming parrot kindly posted? I'm just so worried they'll make me liable for even more money! With a baby on the way, every penny counts! But if I can win, that would be such a relief!

That is an example of a very generic defence based around not having received any documents. Now you've clarified it wasn't an overdraft, most of what you see there would apply. For a credit card you'd quote s.78 of the CCA (s.77 is for a loan).

Eeek! Just sounds too scary! I know I owe the money, I'm a terrible liar, if the court asks me, I'd probably crumble and say I owe it! Perhaps I should just pay. Thank you for your help

It's not a matter of saying you don't owe the money, if you look at the hundreds of claims on here you'll find less than 1% are actually issued to the wrong person or for money they didn't owe or have already paid. The issues are simply that if you are going to issue a court claim, you should have the paperwork to back up the claim, as simple as that. There are also requirements imposed by the Consumer Credit Acts specifically for regulated agreements such as credit cards. One of them is the duty to supply a copy of your agreement within 12+2 working days of receipt of a CCA request, another is to issue a compliant default notice and to inform you in writing when a debt has been assigned.

Bryan Carter wrote back and said the CPR was not applicable and I should refer to my own records for the CCA

That's his standard template letter, however, lack of compliance with a CCA request is still a bar to enforcement for as long as the breach remains, regardless what Mr Carter may say.

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Thank you, I guess I'm just worried about it being dragged out for months and I'd like to apply for a mortgage in 6months. That and being slapped with extra charges. Do you have any idea on the length of the process? And also how much the extra charges might be?

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Thank you, I guess I'm just worried about it being dragged out for months and I'd like to apply for a mortgage in 6months. That and being slapped with extra charges. Do you have any idea on the length of the process? And also how much the extra charges might be?

There is a backlog within the court system at present time scales other than those for submitting documents are rather Flexible at present.
Does this debt appear on credit files at present if so what is the default date on the record?
If the default still has time to run i.e. the rest of the six year period it will remain on file until the 6th anniversary of the default date irrespective of the outcome of this claim.

The court fees are included in the amount claimed and will only be payable if you lose the case.


nem