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Any help and advice, much appreciated, court papers received

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  • Any help and advice, much appreciated, court papers received

    Hi,
    I have received county court paperwork 3 days ago dated 02 March for around £6000 in total (including fees) from Lowell Portfolio 1 Ltd, the solicitors are listed as Lowell solicitors. Today I have received a "Notice of claim" letter from Lowell solicitors dated 7th March advising they have issued legal proceedings and asking me to call to discuss payment of alleged credit card debt.
    Original creditor is listed as Lloyds.
    Particulars of claim are as follows.
    1/ The defendant entered into a consumer credit act agreement with Lloyds Banking Group PLC under account reference xxxxxxxxxxx (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 12/05/2015 and notice given to the defendant.
    4/ Despite repeated requests for payment, the sum of £5xxx.xx remains due and outstanding.
    and the claimant claims
    a) the said sum of £5xxx.xx
    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 £1.821 Interest, but limited to one year, being £2XX.XX
    c)costs

    I have no idea if this is a genuine debt or not a few years ago I was made redundant and I had a pile of loans and credit cards which were defaulted and resulted in court action and defaults registered on my property. As far as I was aware these were all taken care of at the time. I do admit to having received phone calls and letters but I just bin them and never answer the calls ... I notice there is no mention in the particulars of claim in respect of Lowell forwarding me paperwork....is this normal ?
    Will original paperwork be likely to be held from so long ago ?
    I have read that some debts in the small print can not be passed on to other companies...would this likely be the case from an agreement allegedly made so long ago.
    I believe I need to send a CCA and CPR now but I've seen so many different examples and advice I'm rather confused...
    If someone could help with appropriate examples for myself I'd appreciate it...I've purchased a £1 postal order but not sure who to send that to and also do I send copies of everything to Lowell and Lowell solicitors and the court ????

    I have obtained a copy of my credit file and Lowell have placed an entry on it stating a default date of 2012 and that the account commenced in 1993.
    I have also submitted an acknowledgement of claim intending to defend / dispute it all on line.
    Thanks in advance for any help
    Tags: None

  • #2
    Re: Any help and advice, much appreciated, court papers received

    Hi thebigshort & welcome to LB

    In green at the top of the thread - CCA letter + £1 to claimant, CPR letter (suitably adapted) to the solicitor.

    Both, proof of posting.

    If you need any help, just yell.......(well, post on this thread, lol!)
    CAVEAT LECTOR

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    Comment


    • #3
      Re: Any help and advice, much appreciated, court papers received

      Thanks for the quick reply Charitynjw,

      Do you have any thoughts on the other issues in my post ?

      Comment


      • #4
        Re: Any help and advice, much appreciated, court papers received

        Hello welcome to LB,

        Yes you are correct, A CCA request to Lowell as the claimant + £1 statutory fee ( use a postal order write" for statutory fee only " on it copy and keep a copy for your records, this is to stop them using the £1 as a payment to the account. Lowell has 12 + 2working day to comply, send by signed for post and check delivery date and signature. See short cut in the green box above.

        The CPR 31.13 request (no fee) goes to Lowell Solicitors a nominal 7 days is allowed for compliance. See short cuts for template. CPR 31.14 is specifically for documents mentioned in the POC nothing else can be requested,

        A CCA request is for a copy of the agreement and a current statement of the account (i.e. ) the amount outstanding now no historical data.

        I don't know of any small print such as you say on accounts not being sold on.

        Hope this helps.

        nem

        Does the account No. appear to be a 16 digit cc or debit card number? or an 8/9 digit bank account number?
        Lowell has a habit of labeling account on credit files e.g. " Credit Card from Lowell...._"

        Defaults are personal and not placed on addresses.

        Lowell solicitors are so far proving pretty useless, particulars of claim are often vague.

        With an account this old they may well have problems in getting the agreement.

        Does the default date seem right, were you using a Lloyds account just 4 years ago?

        Lowell will have inherited the rights and obligations of the original agreement with Lloyds.


        nem

        Comment


        • #5
          Re: Any help and advice, much appreciated, court papers received

          Thanks Nemesis,
          The account number is 11 digits long. The dates do correspond with other defaults but I was issued with multiple court proceedings after default from everyone concerned including Lloyds so it makes no sense that it would not have been dealt with at the same time.
          You mention I need to send CPR 31.13 is this a different letter to the CPR 31.14...if so can you provide a link as I can not find any reference to it.
          If as seems normal...Lowell either do not respond or reply with a "we have requested the CAA but it probably won't be here in time". will the court kick it out ?

          Comment


          • #6
            Re: Any help and advice, much appreciated, court papers received

            Originally posted by thebigshort View Post
            Thanks Nemesis,
            The account number is 11 digits long. The dates do correspond with other defaults but I was issued with multiple court proceedings after default from everyone concerned including Lloyds so it makes no sense that it would not have been dealt with at the same time.
            You mention I need to send CPR 31.13 is this a different letter to the CPR 31.14...if so can you provide a link as I can not find any reference to it.
            If as seems normal...Lowell either do not respond or reply with a "we have requested the CAA but it probably won't be here in time". will the court kick it out ?
            ###


            My error CPR 31,14 it is damaged fingers not always on target.

            If Lowell don't have the agreement they cant enforce the debt.
            So if Lowell has not/cannot get the agreement and cannot reply to your defence the court will stay (suspend) the claim.

            nem

            11 digits may be Lowell's own account numbering

            Comment


            • #7
              Re: Any help and advice, much appreciated, court papers received

              As the account was opened so long ago it is likely that they will not have the agreement however a recon might fulfil their S78 duties. The recon would need looking at and comparing with others to see if it was ok.

              it would then be up to you to show that on balance you did not sign such an agreement . Do you have any records or memories from 23 years ago?

              Comment


              • #8
                Re: Any help and advice, much appreciated, court papers received

                Remember that in 1993 it was just lloyds bank not lloyds tsb

                Comment


                • #9
                  Re: Any help and advice, much appreciated, court papers received

                  Can anyone please advise what I should do now.
                  I sent the CCA request and postal order together with the CPR 13.14.
                  To date, I have received no communication whatsoever and my date for filing my defence is this Monday (4th April).
                  Thanks

                  Comment


                  • #10
                    Re: Any help and advice, much appreciated, court papers received

                    Here are some sample defences
                    http://legalbeagles.info/forums/show...t-Court-Claims

                    I would include , if its not already in the defence that you do not recognise the account and have asked for clarification , you have received non

                    Post it up and someone will give it the once over. I should be working so I might not get chance but I am sure someone will

                    Comment


                    • #11
                      Re: Any help and advice, much appreciated, court papers received

                      Hi Noah,
                      Should I call them first and see what they say before filing my defence tomorrow ?.

                      Comment


                      • #12
                        Re: Any help and advice, much appreciated, court papers received

                        I wouldn't however if you do phone the solicitor you could ask for an extension to file your claim, if they agree they need to email you and you need to email the court to tell them by 4pm on Monday so time is short

                        The non compliance with the CCA request is a bar to enforcement


                        Did you send the letters by royal mail signed for? If so have you checked they were delivered?

                        Comment


                        • #13
                          Re: Any help and advice, much appreciated, court papers received

                          I did send them recorded but the receipt has been misplaced (furious about it).
                          I've got a photograph of the £1 postal order that was sent and purchased at the same time as the two letters were sent recorded but I guess that's not much use !
                          I was thinking about going to the post office in the morning but I doubt they would be able to find anything.

                          Comment


                          • #14
                            Re: Any help and advice, much appreciated, court papers received

                            Should I contact Lowell tomorrow given that I do not have the recorded delivery proofs ?

                            Comment

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                            SHORTCUTS


                            First Steps
                            Check dates
                            Income/Expenditure
                            Acknowledge Claim
                            CCA Request
                            CPR 31.14 Request
                            Subject Access Request Letter
                            Example Defence
                            Set Aside Application
                            Directions Questionnaire



                            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                            NOTE: If you receive a court claim note these dates in your calendar ...
                            Acknowledge Claim - within 14 days from Service

                            Defend Claim - within 28 days from Service (IF you acknowledged in time)

                            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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