Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

[ministe]

Received a claim? Yes
Issue Date: 14-1-2016
Amount approx: 2100
Claimant: Lowell Portfolio 1 LTD
Solicitor: Lowell Solicitors Limited
Original Credit: LloydsTSB

Particulars of Claim:
1) The defendant enter into a Consumer Credit Act 1974 regulated agreement with Lloyds under account reference ************* ('the Agreement').

2) The defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The agreement was later assigned to the Claimant on 24/06/2013 and noticed given to the defendant.
4) Despite repeated requests for payment the sum of £1832.09 remains due and outstanding.

And the Claimant claims
a) The said sum of £1,832.09
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.402, but limited to one year, being £146.57
c) Costs

Stat Barred? No

Have sent:

Other Info:
The default date according to my credit report was September 2011. I recognise the date but I am unsure as to how to go from here. If I have to repay the money to avoid a CCJ I can do so, however do I admit to it and pay the money or send the CCA and CPR request letters first to see where I get with them?

Any advice would be appreciated.

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hi welcome to LB,

Have you acknowledged service of the claim?
If not you have not done so you can do so online at MCOL - Money Claim Online.

It's worthwhile getting the CCA and CPR requests done asap
What type of account is this please?

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Thank you for the quick reply and welcome.

I'm about to acknowledge service of the claim, would I still be able to repay the money to avoid getting a CCJ if I submit this?

The account was a credit card,

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Thank you for the quick reply and welcome.

I'm about to acknowledge service of the claim, would I still be able to repay the money to avoid getting a CCJ if I submit this?

The account was a credit card,

Yes at any time.
Given some of the appalling paperwork generated by LTSB it's worth the effort
to see if the claimant has anything to backup the claim.

Note: If you don't acknowledge service you could end up with a judgement by default.

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Quick update..

I have acknowledged service of the claim and sent both CCA and CPR requests which should have been received by them yesterday.

How do I go about starting my defence? I need to have this submitted by the 16th February

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Quick update..

I have acknowledged service of the claim and sent both CCA and CPR requests which should have been received by them yesterday.

How do I go about starting my defence? I need to have this submitted by the 16th February

The best way to familiarise yourself with defences is to take a look at some threads with defences an get an idea of content and format
then make a draft and post here then we can go through it with you.

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hi,
Could someone please take a look over my defence? Thank you.




1: I received the claim xxxxxxxx from the County Court Business Centre on 14^th January 2016.

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 24/06/2013. 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 23^rd January 2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Formal Demand.

9. Lowell Solicitors Limited has not sent any of these documents to me.

10. On the 23^rd January 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

15. 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.

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Bump

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hello Minste,
Sorry I missed your post been a tad busy so far this wek,

The defence is fine but don't forget the header

Claim No.....................................

Between

Lowell Portfolio 1 Claimant

and

Your Name Defendant

Of your address.


Good Luck!!!

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Defence Submitted!

Thanks for all your help.

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

I have received my mediation questionnaire (n180). Should I agree to this? Do I just send this back to the court dealing with my case?

I assume this means that they are definitely continuing to persue me for the money even though they haven't sent me any if the documents I asked for?

[charitynjw]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

IMHO

Agree to mediation - it probably won't happen when the mediation service realise that the claimant hasn't sent you the documents requested, but that's not your fault, is it?!

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Do I have to send a copy of the defense to the claimant or the claimant's solicitor or just a copy back to the court?

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Anyone know, please?

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

I have received my mediation questionnaire (n180). Should I agree to this? Do I just send this back to the court dealing with my case?

I assume this means that they are definitely continuing to persue me for the money even though they haven't sent me any if the documents I asked for?

No this is just the court process, now your defence has been filed the claimant has 28 days to respond to it, if they don't respond in time the court will stay the claim.
Charity is right tick yes to mediation.

nem

- - - Updated - - -

Just to the court.

nem