Lowell V MarcToystory

[marctoystory]

Re: Lowell V MarcToystory

Good evening all,

Hope you are well,

Just an update and having a bit of a panic.

I have had nothing back from Lowells at all and I need to start on my defence, which i don't even know how to begin

What do i do from here?

Any help would be much appreciated

[marctoystory]

Re: Lowell V MarcToystory

Morning all..

Please can anyone help

I sent the cca and cpr letters off and had absolutely nothing back from Lowells. I need to start my defence but I am clueless at how to start it. I have no idea what I'm defending or how to put it into the courts.

Getting a bit panicked now as the deadline is upon us.

If anyone could help it would be much appreciated

Thanks in advance

[charitynjw]

Re: Lowell V MarcToystory

Morning all..

Please can anyone help

I sent the cca and cpr letters off and had absolutely nothing back from Lowells. I need to start my defence but I am clueless at how to start it. I have no idea what I'm defending or how to put it into the courts.

Getting a bit panicked now as the deadline is upon us.

If anyone could help it would be much appreciated

Thanks in advance

Top of this thread, Defence Example.
Personalise it & if you wish, post it on here (remove your personal details) for comments.

[R0b]

Re: Lowell V MarcToystory

Hi Marc, are you certain that all DD were cancelled or transferred over and no overdraft was agreed? Have you tried contacting lloyds about this to see what information they can give you?

If so, your starting point would appear to be that they have no provided you with a copy of the agreement and the claim is unenforceable, but also the notice of assignment as well as requested.

In addition to that you could potentially make a counterclaim striking out the claim as malicious prosecution on the basis that they have no grounds to bring the claim given their lack of evidence supplied to you. You could also mention that the account was not in use, any balance was paid off and so there is no reason to bring a claim.

IF you bring a counterclaim Lowell would have to reply with a defence or you would be given automatic judgment on that and the whole claim could be struck out. Not saying it would work but it would put Lowell on the back foot and means that the claim cannot be stayed which is what happens in most cases when they cant find the agreement - not saying it would work but playing them at their own game!

The only thing that I dont understand is why you mention that your wife paid to have the balance set at 0 to come off the joint account. If there was no overdraft and it wasn't a credit card then the balance could only be at 0 or it would be in credit which would mean she doesn't have to pay any money to set it to 0? A bit more explanation is necessary here for understanding.

[marctoystory]

Re: Lowell V MarcToystory

Hi Marc, are you certain that all DD were cancelled or transferred over and no overdraft was agreed? Have you tried contacting lloyds about this to see what information they can give you?

If so, your starting point would appear to be that they have no provided you with a copy of the agreement and the claim is unenforceable, but also the notice of assignment as well as requested.

In addition to that you could potentially make a counterclaim striking out the claim as malicious prosecution on the basis that they have no grounds to bring the claim given their lack of evidence supplied to you. You could also mention that the account was not in use, any balance was paid off and so there is no reason to bring a claim.

IF you bring a counterclaim Lowell would have to reply with a defence or you would be given automatic judgment on that and the whole claim could be struck out. Not saying it would work but it would put Lowell on the back foot and means that the claim cannot be stayed which is what happens in most cases when they cant find the agreement - not saying it would work but playing them at their own game!

The only thing that I dont understand is why you mention that your wife paid to have the balance set at 0 to come off the joint account. If there was no overdraft and it wasn't a credit card then the balance could only be at 0 or it would be in credit which would mean she doesn't have to pay any money to set it to 0? A bit more explanation is necessary here for understanding.

Morning,

Thank you for your reply.

I am quite sure all dd were cancelled. It was such a long time ago that I can't be sure. I had the joint account with my wife and when we split up a dd had not been paid and took us into an unauthorised overdraft which is what she had to pay to take the balance to '0' to enable her to remove her name as she wasn't able to while there was a balance on the account.
I wasn't working at the time so nothing was going in the account from the day it went into my name only.
We never had an agreed overdraft and I never had any loans or credit cards with them.

[R0b]

Re: Lowell V MarcToystory

I see, so perhaps it might be best contacting Lloyds to find out more information, perhaps a subject access request to give you all information they hold in relation to the account number Lowell has referenced. I'm not sure if a basic bank account is deemed a regulated agreement [MENTION=55034]nemesis45[/MENTION]?

Anyway as charity has said, the starting point is looking at draft defences on here and there is some in the green box at the top of this page. If you are certain you don't owe anything then I would suggest a counterclaim against Lowell incorporated into that as an alternative to striking out the case. Other the other option would be to make an application to strike out which would cost £255 unless you qualify for a fee remission based on your income.

Once you've drafted something then post it up and we can take a look.

[marctoystory]

Re: Lowell V MarcToystory

Thank you again for replying.

I'm at a complete loss.
From what I remember the account was a silver account (packaged bank account) which was completely useless and that was to be removed when it went from joint to my name only as I knew no money would be going in to cover the £12 fee every month

[nemesis45]

Re: Lowell V MarcToystory

I see, so perhaps it might be best contacting Lloyds to find out more information, perhaps a subject access request to give you all information they hold in relation to the account number Lowell has referenced. I'm not sure if a basic bank account is deemed a regulated agreement @nemesis45?

Anyway as charity has said, the starting point is looking at draft defences on here and there is some in the green box at the top of this page. If you are certain you don't owe anything then I would suggest a counterclaim against Lowell incorporated into that as an alternative to striking out the case. Other the other option would be to make an application to strike out which would cost £255 unless you qualify for a fee remission based on your income.

Once you've drafted something then post it up and we can take a look.

Good morning,

Bank accounts are exempt as there is no credit element in the " agreement". OD's became partially regulated in 2011 I believe.

SAR is a very good idea [MENTION=71570]R0b[/MENTION]

nem

[marctoystory]

Re: Lowell V MarcToystory

Good morning,

Bank accounts are exempt as there is no credit element in the " agreement". OD's became partially regulated in 2011 I believe.

SAR is a very good idea [MENTION=71570]R0b[/MENTION]

nem

Morning.

Sorry I don't understand 😌 I have no idea what I'm paying the debt for. I didn't use the account after October 2010. The POC says I entered a regulated agreement.
This can't possibly be all bank charges can it??

[nemesis45]

Re: Lowell V MarcToystory

Morning.

Sorry I don't understand  I have no idea what I'm paying the debt for. I didn't use the account after October 2010. The POC says I entered a regulated agreement.
This can't possibly be all bank charges can it??

I take it that Lowell Solicitors drafted the Claim?

Is there an entry for this on your credit reference files? You can check Noddle Free Online.

nem

[marctoystory]

Re: Lowell V MarcToystory

I take it that Lowell Solicitors drafted the Claim?

Is there an entry for this on your credit reference files? You can check Noddle Free Online.

nem

Yes it was Lowell solicitors.
On my credit file in the closed section it shows lloyds passing the debt to lowells in July 2013.
I only found this in my file after I received the court claim

[nemesis45]

Re: Lowell V MarcToystory

Yes it was Lowell solicitors.
On my credit file in the closed section it shows lloyds passing the debt to lowells in July 2013.
I only found this in my file after I received the court claim

Does the file show the type of account?
Lowell also change original account numbers for ones in its own internal solicitors.
Stating that the debt arises fro a Regulated Agreement in the POC means it's worthwhile sending a CCA request addressed to Andrew Bartle the COO ( who seems to sign most correspondence) use the Leeds address ( no PO Box No. and send by signed for post) If you haven't already done so.

nem

[marctoystory]

Re: Lowell V MarcToystory

Does the file show the type of account?
Lowell also change original account numbers for ones in its own internal solicitors.
Stating that the debt arises fro a Regulated Agreement in the POC means it's worthwhile sending a CCA request addressed to Andrew Bartle the COO ( who seems to sign most correspondence) use the Leeds address ( no PO Box No. and send by signed for post) If you haven't already done so.

nem

Thank you for all your help
It's a stressful time
I have already sent the cca request and the account number was my current account number that was stated on the claim form.
Have I got time to send another cca to Andrew Bartle? The date on my claim form was 19 July

[nemesis45]

Re: Lowell V MarcToystory

Thank you for all your help
It's a stressful time
I have already sent the cca request and the account number was my current account number that was stated on the claim form.
Have I got time to send another cca to Andrew Bartle? The date on my claim form was 19 July

That's ok don't send anything else.
Please don't stress over this there's loads of help here for you.

nem

[marctoystory]

Re: Lowell V MarcToystory

That's ok don't send anything else.
Please don't stress over this there's loads of help here for you.

nem

Bless you for your kind words
I have checked noodle and in the open accounts Lowells is there it says current account and monthly repayments but no monthly payment amount. The information on it starts in October 2013. When I go into my closed accounts the lloyds is there but says closed Oct 2010 which is when the joint account closed. There is nothing with regards to the debt going to lowells and nothing regarding the default from 2010 up to Oct 2013?? I'm confused.
I really need to get my defence in order but at the minute I have nothing from Lowells not the cpr or the cca. I don't know what I'm defending or even what the debt relates to other than the current account??