Received Claim Letter from Lowell

[ElliD]

Re: Received Claim Letter from Lowell

Hello everyone!

I still haven't heard anything back from Lowell regarding the CPR request, they have received and signed for it on the 17th as per royal mail website.

As the claim was issued on 01/03, am I right in saying I have until 01/04 to send in my defence?

[ElliD]

Re: Received Claim Letter from Lowell

Bump
Anyone?

[Kati]

Re: Received Claim Letter from Lowell

As the claim was issued on 01/03, am I right in saying I have until 01/04 to send in my defence?

33 days from date of issue gives you until Sunday 3rd April (http://www.timeanddate.com/date/date...aw=&ad=33&rec=) but I'd stick with Friday the 1st to be safe :nod:

Have you looked at the template defence - http://legalbeagles.info/forums/show...t-Court-Claims - yet??

[ElliD]

Re: Received Claim Letter from Lowell

Yep I have mine roughly drafted, will see if anything turns up from Lowell until the 1st thank you for everyone's help so far!

[ElliD]

Re: Received Claim Letter from Lowell

Hello Everyone!

I still have received no response from Lowell regarding the CPR request, my defense will be submitted tomorrow, can i ask if the below is ok:


I received the claim XXXXXXX from the County Court Business
Centre Northampton on 04/03/2016


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 Lloyds overdraft
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 Claimants statement of case states that the account was
assigned from Lloyds to Lowell Portfolio Ltd. The
Defendant does not recall receiving notice of this assignment


6: On 14/03/2016 I sent a written request to Lowell Solicitors Ltd
for inspection of documents mentioned in the claimant’s statement
of case under Civil Procedure Rule 31.14. I requested copies of
the Agreement, default notice, Notice of Assignment and the formal demand.


7: As of today’s date 31/03/2016 I have received no further correspondence from Lowell Solicitors.



8: 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.


9: 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.


10: 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.


11: 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 amendments


12: 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.

[Noah]

Re: Received Claim Letter from Lowell

Section 78 is not applicable for overdrafts although from the POC they don't seem to know what sort of agreement itinerary is

Did you actually send a S78 request?

[ElliD]

Re: Received Claim Letter from Lowell

All I sent was the CPR request as advised, should I remove point 8?

Thanks in advance!

[Noah]

Re: Received Claim Letter from Lowell

Yes i would as it is not true and you are signing as a statement of truth

[ElliD]

Re: Received Claim Letter from Lowell

Thank you, apart from this amendment, is it OK?

[nemesis45]

Re: Received Claim Letter from Lowell

All I sent was the CPR request as advised, should I remove point 8?

Thanks in advance!

If the POC mentions a CCA '74 agreement/contract and you have sent a CCA request + £1 statutory fee then leave 8 in place just remove the ref. to section 78.

nem

[ElliD]

Re: Received Claim Letter from Lowell

There's no CCA mentioned, so is it OK to remove it?

Apart from that, do you guys think it's ok?

[nemesis45]

Re: Received Claim Letter from Lowell

There's no CCA mentioned, so is it OK to remove it?

Apart from that, do you guys think it's ok?

Yes remove,.
Otherwise good to go.

nem

[MIKE770]

Re: Received Claim Letter from Lowell

Para 1 of N1 states:- the defendant entered into a Consumer credit agreement 1974 under account reference xxxxxxxxxxxx (The agreement)?


must be the office mailing boys typing?

[nemesis45]

Re: Received Claim Letter from Lowell

Para 1 of N1 states:- the defendant entered into a Consumer credit agreement 1974 under account reference xxxxxxxxxxxx (The agreement)?

Well spotted Mike, I went with Elli's last post on no mention of CCA 1974.

Eli did you send a CCA request to Lowell if not personally I would do so now.

nem

- - - Updated - - -

Para 1 of N1 states:- the defendant entered into a Consumer credit agreement 1974 under account reference xxxxxxxxxxxx (The agreement)?


must be the office mailing boys typing?

Another Lowell Solicitors lash up!! nem

At thought from Jan 2011 Consumer Credit Act Amendments 2011 (11)
8. Details to be disclosed on overdrafts.
Only on a tablet at the moment (not sure of it) got just the note shown but I think this brought OD's into CCA '74 scope.

I'll see what I can find when I get home.

nem

[charitynjw]

Re: Received Claim Letter from Lowell

https://www.gov.uk/government/upload...e-guidance.pdf

Page 73 - Overdrafts