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

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  • #76
    Re: County Court Claim from Lowell/Bryan Carter re Lloyds

    Originally posted by Titania1980 View Post
    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
    • 2 likes

    Comment

    • #77
      Re: County Court Claim from Lowell/Bryan Carter re Lloyds

      Originally posted by Titania1980 View Post
      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

      Comment

      • #78
        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?

        Comment

        • #79
          Re: County Court Claim from Lowell/Bryan Carter re Lloyds

          Originally posted by Titania1980 View Post
          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

          Comment

          • #80
            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.
            • 1 thank

            Comment

            • #81
              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.... ☺

              Comment

              • #82
                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

                Comment

                • #83
                  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 - - -

                  Originally posted by nemesis45 View Post
                  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 - - -

                  Originally posted by Amethyst View Post
                  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?

                  Comment

                  • #84
                    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?

                    Comment

                    • #85
                      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.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

                      • #86
                        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!
                        • 1 thank

                        Comment

                        • #87
                          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.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

                          • #88
                            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.

                            Comment

                            • #89
                              Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                              Originally posted by Titania1980 View Post
                              @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.....
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick
                              • 1 thank

                              Comment

                              • #90
                                Re: County Court Claim from Lowell/Bryan Carter re Lloyds

                                Originally posted by nemesis45 View Post
                                Hi not been around for a while I'll read through your WS and get back to you.

                                nem
                                IMO WS is fine!

                                nem
                                • 1 thank

                                Comment

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