lowell BW legal overdraft ccj

[Taylorfan]

I started this in the welcome forum and no one replied the court date is coming soon and I need to issue my defence online can anyone help



Lowell BW legal overdraft CCJ help

Hello everyone this is my first post and first CCJ I've had to respond to any help would be really appreciated as I'm a bit lost in what to do

Received a claim? Yes
Issue Date: 05 April 2016
Amount approx: 1500
Claimant: Lowell portfolio
Solicitor: BW legal services
Original Creditor: lloyds tsb overdraft
Particulars of Claim: The claimants claim is for the sum of 1460.35 being monies due from the defendant to the claimant under a loans, financial services, overdrafts, credit agreement regulated by the consumer credit act 1974 between the defendant and lloyds banking group Plc under the account reference xxxxxxxxxxxx and assigned to the claimant on 17/06/2015 notice of which has been given to the defendant.
the defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claims also includes statuary interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum(a daily rate of £0.32 from the date of the assignment of the agreement to 02/04/2016 being an amount of £93.12.
Is the debt Statute Barred? No
List any letters you have sent: none yet

Any Other Info: I had an account with lloyds which in around 2011 I had a payday loan company apply to my account for around £900, I didn't have an approved overdraft and had cancelled my bank card as I was going through some financial difficulties and I had lost my job, lloyds paid the company around £900, of which if I had borrowed any monies from the payday companies it would have been around 100 or 200 pounds and nowhere near the 900 which they took, lloyds then charged me and sent out letters, I called lloyds and advised I didn't even know the payday lender who took the money and advised I was in dispute they said as the money had been paid there was nothing I could do and I should set up an overdraft and payment schedule which around 2012 I stopped paying.

my debt has since been sold onto Lowell, I was sent a CCJ letter today and I have acknowledged the claim with moneyclaim.gov.uk and I have disputed the whole amount.

I really need help in what to do next, I'm going to send off a cpr31.14 but don't know if I need to send this to Lowell or be legal, thank you for reading I know it's pretty long so apologies in advance and thank you for any help


thankyou

[nemesis45]

Re: lowell BW legal overdraft ccj

Hi, welcome to LB.

Sorry your original post was missed!

OK one point straight away have you sent anything at all to BWL or Lowell since acknowledging service of the claim.

If No CPR31 14 to BWL and a CCA request to Lowell Portflio templates for both in the green box above.

CCA request for a copy of the CCA 1974 agreement as mentioned in the POC needs a £1 statutory fee, use a postal order marked " For Statutory Fee Only" on both sides.
For speed in this case address to Andrew Bartle COO of the Lowell Group at the address on the claim form. Use signed for post and check delivery date and signature.
Get those done asap.

Can you tell me what you intend to use in defence?

nem

[Taylorfan]

Re: lowell BW legal overdraft ccj

I sent off a crp to BW legal today on next day signed for delivery, I didn't think I had to send the cca to Lowell as the debt is an overdraft do you think I should?
I mistakingly sent a £1 postal order with it, I only have until the 02/05 as the claim was issued against me on 05/04 if this is correct???? I'm really lost with all of this, my defence would be to possibly just ask them to prove the debt, the only thing is at time I disputed lloyds paying this company I can't even remember the companies name and I'd never been overdrawn before this point so I might try and say that I ever agreed to them paying that company, I don't know what to do, help would be really appreciated thanks

[nemesis45]

Re: lowell BW legal overdraft ccj

I sent off a crp to BW legal today on next day signed for delivery, I didn't think I had to send the cca to Lowell as the debt is an overdraft do you think I should?
I mistakingly sent a £1 postal order with it, I only have until the 02/05 as the claim was issued against me on 05/04 if this is correct???? I'm really lost with all of this, my defence would be to possibly just ask them to prove the debt, the only thing is at time I disputed lloyds paying this company I can't even remember the companies name and I'd never been overdrawn before this point so I might try and say that I ever agreed to them paying that company, I don't know what to do, help would be really appreciated thanks

HI yes send CCA they have mentioned a regulated agreement in the claim then they will have to have it to enforce the debt.

You have 28 days from date of issue to enter a defence, Have a look at the specimen defence in the green box above to get an idea of format on content we can go through a defence with you.

nem

[Taylorfan]

Re: lowell BW legal overdraft ccj

Because there's only 6 days to enter a defence now can I explain in my defence I have not been given the cca from the claimant? As it says 12 working days on the template
i really appreciate this thank you

[nemesis45]

Re: lowell BW legal overdraft ccj

Because there's only 6 days to enter a defence now can I explain in my defence I have not been given the cca from the claimant? As it says 12 working days on the template


i really appreciate this thank you

You just state that you have requested a copy of the regulated agreement mentioned in the POC but as yet have not received a reply.

nem

[Taylorfan]

Re: lowell BW legal overdraft ccj

Also on the cca request it asks for creditor name and address does this mean Lowell or lloyds?
thankyou nemesis45

[Taylorfan]

Re: lowell BW legal overdraft ccj

I don't know how to thank you on here nemesis I think I might have pressed the wrong button for reputation many thanks though however

- - - Updated - - -

I found it thankyou nemesis45

[nemesis45]

Re: lowell BW legal overdraft ccj

I don't know how to thank you on here nemesis I think I might have pressed the wrong button for reputation many thanks though however

Thank you !!

Please don't hesitate to tag [MENTION=55034]nemesis45[/MENTION] if you need help.

nem

[Taylorfan]

Re: lowell BW legal overdraft ccj

Thankyou nemesis45
should I put lloyds name and address in the credits name and address part of the cca request or should I put lowells name and address sorry if this sounds stupid

[nemesis45]

Re: lowell BW legal overdraft ccj

Thankyou nemesis45
should I put lloyds name and address in the credits name and address part of the cca request or should I put lowells name and address sorry if this sounds stupid

No problem!!

No need to mention Lloyds at all.

nem

[Taylorfan]

Re: lowell BW legal overdraft ccj

Im going to put in my defence in today as tomorrow is the last day, I have sent off both cca and cpr31.14 do you think I should just use the defence example as my defence?? Thanks in advance

[Taylorfan]

Re: lowell BW legal overdraft ccj

I have written the defence up very quickly but and I'm going to change all of the bold into normal font but before I send it I just have a couple of questions if anyone can answer, I disputed the payment with the bank at the time and I never had an overdraft the bank just pay the amount to the payday company should I state this in my defence or leave it as it may show that I'm guilty in some way, that might sound stupid to you guys so if it does I apologise in advance but I don't really know anything about the elgal process mr defence is below if anyone can have a look at it thanks - I'd really like to thank nemesis45 also

1: I received the claim [Claim Number] from the [Northampton] County Court on (08/04/2016)


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 [the sum of 1460.35 being monies due from the defendant to the claimant under a loans, financial services, overdrafts, credit agreement regulated by the consumer credit act 1974)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 bank Plc] to [Lowell] on [17/06/2015]. The Defendant does not recall receiving notice of this assignment.


7. It is denied that [Lloyds banking Plc] 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 [25/0402016] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [BW Legal]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .


9. [BW Legal] has not sent any of these documents to me.


10. On the (26/04/2016) I sent a formal request for a copy of the original agreement to [Lowell) pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]


13. 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.


14. 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.


15. 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.


16. 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.






Signed


Dated 01/05/2016

[Taylorfan]

Re: lowell BW legal overdraft ccj

I went to file my defence, the claim was issued on 05/04/2016, I'm on day 27 when is the latest I can file a defence and at what time?? because I've hear 4pm mentioned somewhere any advise on any of my matter would be greatly appreciated sorry if I'm writing post after post I'm just a it worried about it all as its my first CCJ, I'm trying to wait until maybe someone from here has viewed my defence, thanks
i don't know how to tag people as I'm new to this forum so I hope this works [MENTION=55034]nemesis45[/MENTION]

[Kati]

Re: lowell BW legal overdraft ccj

Im going to put in my defence in today as tomorrow is the last day, I have sent off both cca and cpr31.14 do you think I should just use the defence example as my defence?? Thanks in advance

You'd have to edit the template to make sure it's right for your circumstances

I went to file my defence, the claim was issued on 05/04/2016, I'm on day 27 when is the latest I can file a defence and at what time?? because I've hear 4pm mentioned somewhere any advise on any of my matter would be greatly appreciated sorry if I'm writing post after post I'm just a it worried about it all as its my first CCJ, I'm trying to wait until maybe someone from here has viewed my defence, thanks
i don't know how to tag people as I'm new to this forum so I hope this works @nemesis45

I think it's 33 days from the date of issue for your "defence due" date ( [MENTION=2]Celestine[/MENTION] ... am I right??). If so (and I'm sure we'll be told for certain soon) then your defence would be due in on Sunday the 8th ... but you could put it in on Friday to make sure they get it

If I'm wrong and it's 28 days, then so long as you enter your defence on MCOL by 4pm tomorrow you'll be fine :nod: ... give it 'til tomorrow dinnertime for the Beagles to advise xx