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

[LLotty]

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

Thank you, my default date is end of Nov 2009, so it should drop off then.
I just can't decide whether to defend or pay it. Obviously I'd love to not pay £1200! Especially to smug Bryan Carter, but if I lose, I'd be worse off?

[FlamingParrot]

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?

Bear in mind claims are not recorded on your credit file or anywhere else, only defaults and CCJs. Only the court and the claimant knows about the existence of a claim.

The process can be lengthy but it all depends on how the matter progresses. Once you submit a defence, the claimant will have 28 days to respond to the defence and say whether they wish to proceed or not, if they don't respond the case will be stayed. If they respond, you could be looking at a hearing within the next six months, but there's always the possibility of discontinuance prior to that. ray:

And also how much the extra charges might be?

What extra charges? The court fee will have been added to your claim so there shouldn't be any extra charges, other than travelling costs to attend a hearing, unless you need to submit an application to the court for any reason (such as applying for strike out if the claim is left stayed).

Thank you, my default date is end of Nov 2009, so it should drop off then.
I just can't decide whether to defend or pay it. Obviously I'd love to not pay £1200! Especially to smug Bryan Carter, but if I lose, I'd be worse off?

This isn't a black and white situation where you have only two options. You can defend for now and, if it looks like you wouldn't have a prospect of winning, then, as a last resort, you could offer to settle with a Tomlin Order. The order has the effect of staying proceedings as long as you keep to its terms which would be the agreed repayments. The order is legally binding but not recorded anywhere, either on your credit file or the CCJ records.

Also bear in mind that even if you got a CCJ, if you were able to pay it in full within 28 days, it would be wiped off the registry and not recorded on your credit file. :thumb:

I realise you don't want to risk a CCJ now you're just considering a mortgage :ohwell: but you should be aware that just paying up right now is not your only option to avoid one. :grin:

[LLotty]

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

Thank you. What does stayed mean? So, there'd be no more charges added if I defended their claim? As in, if it went to court, would I have to pay court costs?

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I just realised my 28days are up soon? I think I have from 5days after it was issued, then 28days from then? So it'd be 28days tomorrow?

[FlamingParrot]

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

Thank you. What does stayed mean?

Stayed means the claim is 'dormant' so to speak and no further action can be taken other than applying to lift the stay, i.e. 'awaken' the claim.

So, there'd be no more charges added if I defended their claim? As in, if it went to court, would I have to pay court costs?

Your claim will already include an item labelled 'court costs' on it. It is the claimant who would have to pay the hearing fee if they decided to proceed with a defended claim. The only costs you may incur are travel costs if you need to attend a hearing, but in that case, the claim would be transferred to your local court. :thumb:

I just realised my 28days are up soon? I think I have from 5days after it was issued, then 28days from then? So it'd be 28days tomorrow?

It's a total of 33 days from date printed on the claim, if that was July 14th then it's the 16th of August: http://www.timeanddate.com/date/date...aw=&ad=33&rec=
It's Sunday and you are not likely to receive any documents before then so you may want to be looking at the generic defence: http://www.legalbeagles.info/forums/...t-Court-Claims

[LLotty]

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

Sorry for the delay in replying, I received some bad news, so this hasn't been a priority, however I know tomorrow is the deadline, so I must prepare my defence. Thank you for all of you help. I will ammend the generic defence and hope for the best. Thank you.

[LLotty]

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

1: I received the claim from the Northampton County Court on 17^th July 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: It is denied that the Defendant has entered into an agreement with Lloyds for provision of credit.

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 Lloyds to Lowell Portfolio Ltd on 4/7/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds 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 4/8/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice, Formal Demand and Notice of Assignment.

9. Bryan Carter Solicitors has not sent any of these documents to me.

10. On the 21/7/15 I sent a formal request for a copy of the original agreement to Lowell 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: The Claimant has declined to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5),

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

Dated 15^th August 2015

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Does that look ok? Thanking you in advance! Slight hiccup...can't remember my gateway password and have locked myself out!! Hope I can log in before the deadline!

[FlamingParrot]

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

Sorry for the delay in replying, I received some bad news, so this hasn't been a priority, however I know tomorrow is the deadline, so I must prepare my defence. Thank you for all of you help. I will ammend the generic defence and hope for the best. Thank you.

Sorry to hear that! :_tighthug__by_darkm

4: It is denied that the Defendant has entered into an agreement with Lloyds for provision of credit.

You could only say this if you really never had a card or a loan with Lloyds, however, from previous posts, it sounds like you did.

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

I'd say this version of Item 4: is more appropriate than the alternative above. :thumb:

10. On the 21/7/15 I sent a formal request for a copy of the original agreement to Lowell 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.

s.78 applies to credit cards, if that's what this was then you'd just leave references to s.78 and take out the ones to s.77 which applies to loans.

Does that look ok? Thanking you in advance! Slight hiccup...can't remember my gateway password and have locked myself out!! Hope I can log in before the deadline!

The court would accept a defence submitted after the deadline as long as the claimant has not requested default judgment, it doesn't automatically lock you out.

Unfortunately the MCOL helpdesk won't be open tomorrow (your deadline is Monday the 17th though, isn't it?)

If MCOL doesn't work for you, you can also submit your defence by email to ccbcdefendants@hmcts.gsi.gov.uk The email subject heading should be Claim No. XXXXXXX - Lowell - v - Your Name - DEFENCE :thumb:

[LLotty]

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

1: I received the claim from the Northampton County Court on 17^th July 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 Lloyds to Lowell Portfolio Ltd on 4/7/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds 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 4/8/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice, Formal Demand and Notice of Assignment.

9. Bryan Carter Solicitors has not sent any of these documents to me.

10. On the 21/7/15 I sent a formal request for a copy of the original agreement to Lowell 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 s78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

[12: The Claimant has declined to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5),

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

Dated 15^th August 2015

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Thank you so much!!! This court issue is the last thing I need at the moment, but your help is much appreciated and is helping A LOT! I'd have no idea what to do otherwise! I've ammended, I think with your suggestions included? Thank you for the email address, I think I will email it there tonight just so I know it's been sent and then try and log in again tomorrow. I think I've locked myself out as I tried to log in so many times, doh! The claim was issued on the 14th, is it 28 days plus 5? Does it include weekends?

[FlamingParrot]

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

10. On the 21/7/15 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

Just leave 78 here.

Thank you so much!!! This court issue is the last thing I need at the moment, but your help is much appreciated and is helping A LOT! I'd have no idea what to do otherwise! I've ammended, I think with your suggestions included? Thank you for the email address, I think I will email it there tonight just so I know it's been sent and then try and log in again tomorrow. I think I've locked myself out as I tried to log in so many times, doh! The claim was issued on the 14th, is it 28 days plus 5? Does it include weekends?

OK, so your defence is due tomorrow: http://www.timeanddate.com/date/date...aw=&ad=33&rec=

Since it's all ready to go and you've got the email address, to be on the safe side, if you are still not able to log in tomorrow, you should email your defence, you should get an automated email confirmation. :thumb:

Once you submit your defence, there won't be much to concern you with regards to this issue, the claimants have 28 days to say whether they intend to proceed, if they don't respond to the court the claim will be stayed (you won't be informed if this is the case). :ranger: If they decide to proceed, you'll probably get one of Carter's letters inviting you to make an offer before the court sends out the N180 small claims directions questionnaire. It should all be fairly easy to deal with and you should post up as soon as you get something in the post. :typing:

[LLotty]

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

Thank you!!

Sorry I missed that 77, I removed it.

I've emailed off the defence. I'm definately locked out of the gateway as I still can't log in. Is it enough that I've emailed it over?

[FlamingParrot]

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

Thank you!!

Sorry I missed that 77, I removed it.

I've emailed off the defence. I'm definately locked out of the gateway as I still can't log in. Is it enough that I've emailed it over?

Yes, that should be OK, did you get an auto confirmation?

[LLotty]

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

Hi!

Sorry I didn't see here was a page two! Yes, I got an auto confirmation and the next day I was able to submit my defence via the money claim system. I guess I just sit and wait now. Fingers crossed!

Thank you for all of your help!

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Hi Nemisis. Please could you remove this reply? My reference number is still showing in the quote Thank you

[nemesis45]

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

Hi!

Sorry I didn't see here was a page two! Yes, I got an auto confirmation and the next day I was able to submit my defence via the money claim system. I guess I just sit and wait now. Fingers crossed!

Thank you for all of your help!

Good the solicitor has 28 days from the date they receive the defence to respond so keep an eye on the date
and if you have received nothing by the time the 28 days has passed check with the court on the status of the
claim it may be " stayed" by the court because of the failure to respond, you will not be informed if this happens.

nem

[FlamingParrot]

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

Hi!

Sorry I didn't see here was a page two! Yes, I got an auto confirmation and the next day I was able to submit my defence via the money claim system. I guess I just sit and wait now. Fingers crossed!

Thank you for all of your help!

Glad to hear it all went well after all! :clap2: :clap2: :clap2:

Your defence has been accepted so they can no longer request default judgment against you. :grin:

Once the other side receives it (which could take a few days), they'll have 28 days to respond to the court and say whether they intend to proceed with the claim, if not the claim will be stayed. :ranger:

If they decide to proceed you'll receive an N180 directions questionnaire from the court, you may also receive a letter from Mr Carter before that, inviting you to make an offer to settle the claim. :nono: :nono: :nono:

Do post up as soon as you hear anything. :typing:

[LLotty]

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

Hi, Nemisis, please could you delete your first reply so the account number isn't showing? Thank you

thank you you both SO much for all of your help! I will post as soon as I hear something Fingers crossed! I'm glad I decided to fight it now