**DISCONTINUED***County Court Claim from Lowell/Bryan Carter re Lloyds

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

The information they have sent shows a default date of June 2009 and the claim was issued in September 2015 so it certainly seems to be stat barred. The have been no payments or acknowledgement of the debt since 2008 so from my understanding we would start the 6 years from the date of default. Unless I'm seriously misunderstanding!

I agree Titania!

nem

[Diana M]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

The information they have sent shows a default date of June 2009 and the claim was issued in September 2015 so it certainly seems to be stat barred.

Have you seen anything which confirms the loan's termination date?

Di

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

We haven't, no. As previously advised they have been sending things to the incorrect address until last year and haven't provided any documentation we have requested until yesterday. But I would have thought if this was an issue there would be some reference to it on the credit file?

[Diana M]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

We haven't, no. As previously advised they have been sending things to the incorrect address until last year and haven't provided any documentation we have requested until yesterday.

Your thread started before I joined this forum but I can't see anyone suggesting that you should send a SAR to Lloyds (I haven't read back through all the posts).

I always recommend a SAR the minute you get a claim so you are in possession of the full history of the account irrespective of what documents the Claimant chooses to disclose to you.

You will also see everything that was sent to the incorrect address.

And most importantly you will see the Transaction Log which notes what actions took place and what actions didn't take place by their omission from the Log. This will enable you to crosscheck the documents produced by the Claimant for honesty and accuracy.

If you haven't sent a SAR then do that now otherwise everything else is speculation.

Di

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Thank you for your advice. The issue we have at this stage is the we only have 18 days until the hearing so are unlikely to get a response to a SAR in time to be useful.

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] just wondering if you think we should respond to Lowell at this stage or not? Their deadline is tomorrow lunchtime so we would need to get something drafted asap if we are going to respond.... ☺

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] just wondering if either of you have had a chance to look over the witness statement? Just because we really need to get that done today if possible. Thanks again for your elphames with this, really appreciated

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Please can we get some advice on the WS? We need to get it sent to lowell tomorrow morning...

- - - Updated - - -

Hi not been around for a while I'll read through your WS and get back to you.

nem

Have you had a chance to look at it yet please?

- - - Updated - - -

I don't think you'll have a problem and they'll discontinue on receipt of your witness statement.... and are just trying it on now with the £2.5k offer. I have a couple bits to do first but think we can strengthen your witness statement based on what you have ( or haven't) received.

Hi [MENTION=6]Amethyst[/MENTION], have you had a chance to look at this for us please?

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

So we have put together the WS with copies of all the evidence. I'm guessing that we now wait for lowell to send their statement. If that doesn't arrive by the deadline should we contact the court?

[charitynjw]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

It's best to submit your WS etc per the court deadline.
If serving via land mail, allow 2 days for post.
Get proof of posting. (SignedFor would be best).
1 copy of all for court, 1 send to Claimant's sols, 1 for you.

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

We have sent to both the court and Lowell solicitors tracked and signed for. Still hoping to avoid actually going to court though!

[charitynjw]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Is it the WS on post #50?

If so I'm wondering why you didn't mention sending the CCA s77 request + fee, & the Claimant's non-compliance to date.

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=5553]charitynjw[/MENTION] to be honest I did the best I could and a couple of people said they would look at it but we ran out of time waiting for feedback so had to send it as is. I did add to it a little following the information my husband received on Wednesday but neither of us have ever done this before so we really have no idea what we should or shouldn't be doing or saying.

[charitynjw]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

@charitynjw to be honest I did the best I could and a couple of people said they would look at it but we ran out of time waiting for feedback so had to send it as is. I did add to it a little following the information my husband received on Wednesday but neither of us have ever done this before so we really have no idea what we should or shouldn't be doing or saying.

Lol, Titania, my apologies if it appeared that I was criticizing.
I assure you that I wasn't.
As far as I know, a WS does not have to be submitted in Small Claims, unless specifically instructed by the court.
However, if one is submitted, it should be in a format similar to the one which you used (Header, numbered paragraphs, signed statement of truth).
I can't see any reason why, if you wanted to supply an amended version, there would be any objection, especially if it is done fairly quickly.
But you've already mentioned CCA non-compliance as part of your filed defence, so imho you can still rely on that.
I'll give @Amethyst, @Diana M, @nemesis45 & @R0b a nudge for further comment, just in case.....

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Hi not been around for a while I'll read through your WS and get back to you.

nem

IMO WS is fine!

nem