Lowell Vs SarahC Overdraft Lloyds

[maiakaat]

Hi

I'm trying to prepare a friend for a court case, which is now in just under 4 weeks.

The debt is for £1600+costs/interest for an alleged overdraft purchased by Lowell/Bryan Carter

Notification of defence of claim was sent.

Requests for CCA and CPR (with the usual response for one and no response for the other)

Defence was filed on the lack of information provided

A court date was set, mediation failed, though the phone-call came through after receiving this letter to arrange mediation

The claim was allocated to the small claims track.

The letter with the date said evidence used must be filed with the court and other party no later than 7 days before the trial.

During the process, Lowell were threatened with the claim being struck out as they hadn't returned the pre trial questionnaire, but they filed it in time after being ordered to.

The defendant also wasn't managing her finances at the time (though was responsible for them, so this is the basis for requiring more information. As this was over 4 years ago, she has no documentation

I have some questions I would like help with from the community, especially as this is an overdraft case. She is extremely anxious about dealing with anything financial so I need to try to prepare her as best I can

My Questions.

1. Are Lowell allowed to provide evidence not filed before the trial on the day?

1a. If No, what does she have to say exactly to reject the evidence on the day?

2. Do Lowell have a reputation for sending evidence at the last minute?

2a. If Yes, should I pre-emptively have her send possible defences in advance?

3. What are the rules regarding the wording of the default notice? Is there any links explaining this, and how to use this as a defence if a default notice is presented? The alleged creditor is Lloyds, and I understand they made some errors regarding these notices along with some others.

4. Can she prepare a statement if they present no evidence to read out, pre-emptively rejecting any evidence, and asking for the case to be struck out on the grounds of no evidence?

Thanks for any help, this part things seem to be quite a challenge to understand

Maiakaat

[FlamingParrot]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi

I'm trying to prepare a friend for a court case, which is now in just under 4 weeks.

The debt is for £1600+costs/interest for an alleged overdraft purchased by Lowell/Bryan Carter

Notification of defence of claim was sent.

Requests for CCA and CPR (with the usual response for one and no response for the other)

Hi
The CCA request doesn't apply to overdrafts because they are not credit agreements as such, just a facility attached to a current account.

Defence was filed on the lack of information provided

A court date was set, mediation failed, though the phone-call came through after receiving this letter to arrange mediation

The claim was allocated to the small claims track.

The letter with the date said evidence used must be filed with the court and other party no later than 7 days before the trial.

Uhmmm... The CPR says 14 days. :noidea:

3. What are the rules regarding the wording of the default notice? Is there any links explaining this, and how to use this as a defence if a default notice is presented? The alleged creditor is Lloyds, and I understand they made some errors regarding these notices along with some others.

The requirements for a default notice are stated in s.88 of the CCA: http://www.legislation.gov.uk/ukpga/1974/39/section/88

However, overdrafts are not regulated by the CCA in the same way as loans and credit cards.

Has she got any grounds for defending this claim or is she relying purely on Lowell not supplying any documents?

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

Was the letter re the 7 days to provide evidence a letter from the court i.e. an order made by a judge?

Does the statement of case state " An agreement regulated by CCA 1974?

Lowell like most debt purchasers will try to bend the rules wherever possible.

What if anything other than the non compliance on disclosure of documents
is/has been filed in defence.

nem

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Was the letter re the 7 days to provide evidence a letter from the court i.e. an order made by a judge?

Does the statement of case state " An agreement regulated by CCA 1974?

Lowell like most debt purchasers will try to bend the rules wherever possible.

What if anything other than the non compliance on disclosure of documents
is/has been filed in defence.

nem

Hi

The defence was filed based on non-disclosure with respect to the CPR request.

She's still waiting for pre-hearing documents from Lowell/Bryan Carter, nothing has come yet, I think she has about a week to 10 days to file evidence if it is 14 days and not 7 days before the hearing.

Maiakaat

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi, Can you what exactly the PARTICULARS of CLAIM says please?
Was the 7 days time limit set by the court ? 14 days prior to a hearing is normal
for disclosure of documents.

nem

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Was the letter re the 7 days to provide evidence a letter from the court i.e. an order made by a judge?

Does the statement of case state " An agreement regulated by CCA 1974?

Lowell like most debt purchasers will try to bend the rules wherever possible.

What if anything other than the non compliance on disclosure of documents
is/has been filed in defence.

nem

Hi the exact wording is "The claim is for the sum of 17XX.XX being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds, (Account reference listed) and assigned to the claimant on XX/07/2013, 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 serviced which has not been complied with"

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi the exact wording is "The claim is for the sum of 17XX.XX being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds, (Account reference listed) and assigned to the claimant on XX/07/2013, 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 serviced which has not been complied with"

OK CCA to the Claimant as the " regulated agreement is mentioned.
We need to know about this letter stating 7 days to respond was it from the court?

nem

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi

I found the notice its 14 days, the case is on the 20th October (so she has about a week for me to send documents)

Thanks

Jodi

- - - Updated - - -

Thanks


- - - Updated - - -

The defence also mentioned the response to the CCA request, the sequence of letters in exchange. I have receipts of posting both requests, and copies of the letter (I think) in this pile of stuff somewhere

[FlamingParrot]

Re: Lowell Vs SarahC Overdraft Lloyds

OK CCA to the Claimant as the " regulated agreement is mentioned.
We need to know about this letter stating 7 days to respond was it from the court?

This was already done as stated below. When the OP mentioned an O/D I'd not seen the PoC stating a "regulated agreement..."

Notification of defence of claim was sent.

Requests for CCA and CPR (with the usual response for one and no response for the other)

[FlamingParrot]

Re: Lowell Vs SarahC Overdraft Lloyds

I found the notice its 14 days, the case is on the 20th October (so she has about a week for me to send documents)

I thought it would be 14 days because that's what CPR 27.4(3)(a)(i) states:

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing;

The defence also mentioned the response to the CCA request, the sequence of letters in exchange. I have receipts of posting both requests, and copies of the letter (I think) in this pile of stuff somewhere

What was the response? Did they say it did not apply to a current account overdraft?

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi One had no response, and the other said refer to your documents. The only unique bit was that the debt was not statute barred, I'm not sure specifically which one they responded to.

[FlamingParrot]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi One had no response, and the other said refer to your documents. The only unique bit was that the debt was not statute barred, I'm not sure specifically which one they responded to.

Did they never say that the CCA request didn't apply because the account was an overdraft? :noidea:

I assume the one that said "refer to your documents" was the one from Carter with regards to the CPR request. Did it say something like "it is the policy of the original creditor to require people to sign..." or something along those lines?

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi I'm looking for the documents now

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi The response was a response to the CPR, stating the default date. The rest of the letter runs "We confirm that the claim forma was issued ... It is the original creditors policy to issue agreements at the start of the contract ... our client is not agreeable to an extension for filing the defence ... We are in receipt of your AoS"

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi

I wont be able to respond now until tomorrow (it's getting late), thanks for all the help so far. I should be able to confirm if the receipts for proof of postage are still around by tomorrow evening.

Maiakaat