Lowell V MarcToystory

[marctoystory]

hi
i received a ccj letter regarding a debt that i didn't know about, until lowell contacted me in april i sent the prove it letter to them as it was from a bank account i had in 2010 i didn't get a reply from them but yesterday i received a letter from the courts about the ccj i really need some advice on what i can do? the bank account had no overdraft facilitys so i dont know where the a,,ount has come from
thanks

particulars of the claim

1 the defendant entered into a consumer credit act 1974 with lloyds
2the 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 notice given to defendant
4 despite repeated requests for payment the sum of 902.96 remains due and outstanding
the claimant claims a) the sum of 902.96
b)interest pursuant to county courts act 1984 at the rate of 8% per anum from the date assigned

[marctoystory]

Lowell V MarcToystory

Good Morning All,

I'm really hoping someone can help me.

I received a letter in May from Lowells saying they were intent on starting court proceedings against me for a debt which i do not recognise. I contacted national debt line and they advised me to send a 'prove it' letter. I did this by recorded delivery and it was signed for but no response.

i arrived home yesterday to a claim form for the debt, i do not know what to do or how to begin.

The issue date is 19/07/2016,

i have no idea what this debt is. It is from Lloyds TSB with whom i had a bank account with in 2010. I held a joint account with my wife and when we split up my wife paid to have the balance on the account set to '0'. so she could remove her name. from this point i was not working so no money was going into this account and as far as i am aware all DD were cancelled or transferred to my wife's account. There was no overdraft facility on the account so i am completely unaware where this balance has come from. I haven't used that account since October 2010.

The POC's are as follows

1) the defendant entered into a consumer creit act 1974 regulated agreement with Lloyds under account ref 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 24/06/2013 and notice was given to the defendant
4) despite repeated requests for payment the sum of £902.96 remains due and outstanding
and the claimant claims
a) the sum of £902.96
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.198 but limited to one year, being £72.24
c) costs

Please please please can someone advise what my next steps are.

Kind regards

[Kati]

Re: Lowell V MarcToystory

Hi @marctoystory to LB

Here's a link to your first steps http://legalbeagles.info/forums/show...it-Court-Claim

• You need to acknowledge receipt of the claim (online via MCOL is easier) with an intent to defend in full ... this gives you time (33 days from the issue date on the claim form) to prepare your defence before entering it
• CPR request (http://legalbeagles.info/forums/show...ic-information) goes to the claimants solicitors asking for the things mentioned in the POC ... so you can request the AGREEMENT the DEFAULT NOTICE and the NOTICE OF ASSIGNMENT.
• CCA request (http://legalbeagles.info/forums/show...y-of-Agreement) goes to the claimant (Lowells) seeing as they say it was a regulated agreement.

I'll tag @Amethyst and @nemesis45 for you too

K xx

[marctoystory]

Re: Lowell V MarcToystory

Thank you for your speedy reply

I was at a complete Loss and feeling the pressure so just to clarify i go on straight away to acknowledge and then send all my requests on Monday ?

[Kati]

Re: Lowell V MarcToystory

Thank you for your speedy reply

I was at a complete Loss and feeling the pressure so just to clarify i go on straight away to acknowledge and then send all my requests on Monday ?

No need to worry ... there are people here who can talk you through this :nod:

Yep acknowledge online asap, get your CCA and CPR requests ready to send off (signed for is good as you have proof they received them). There's a £1 cost for the CCA which we usually suggest you send a postal order for xx

[marctoystory]

Re: Lowell V MarcToystory

Great, Thanks for your help, AOS has been sent and im drafting the letters now using the templates to be sent on monday, recorded delivery.

[Kati]

Re: Lowell V MarcToystory

Great, Thanks for your help, AOS has been sent and im drafting the letters now using the templates to be sent on monday, recorded delivery.

if you need any extra help just give us a shout xx

[charitynjw]

Re: Lowell V MarcToystory

Hi marctoystory.

Obvious question, but I'll ask anyway.

Could this be for a credit card?

[Amethyst]

Re: ccj for debt from lowell

Firstlywhat's the letter did you receive from the courts? Is it a court claim? The debt could be statute barred if you haven't had any contact about it since 2010 however will find out more once you get replies to your CCA and CPR letters.did you close your account with Lloyds in 2010?

[Kati]

Re: ccj for debt from lowell

Firstlywhat's the letter did you receive from the courts? Is it a court claim? The debt could be statute barred if you haven't had any contact about it since 2010 however will find out more once you get replies to your CCA and CPR letters.did you close your account with Lloyds in 2010?

I've merged his threads Ame xx

[Amethyst]

Re: ccj for debt from lowell

Ahh Thank you

[marctoystory]

Re: Lowell V MarcToystory

Hi marctoystory.

Obvious question, but I'll ask anyway.

Could this be for a credit card?

Hi,

it wasn't a credit card as i never had one.

[charitynjw]

Re: Lowell V MarcToystory

Hi,

it wasn't a credit card as i never had one.

Ok.....you'll just have to see what transpires as a result of the CCA & CPR requests (if anything).

Make sure you meet the court deadlines.......33 days from court claim issue date for your defence (unless the claimant/solicitors agree to the extra 28 day extension as per the CPR letter).

[marctoystory]

Re: Lowell V MarcToystory

Ok.....you'll just have to see what transpires as a result of the CCA & CPR requests (if anything).

Make sure you meet the court deadlines.......33 days from court claim issue date for your defence (unless the claimant/solicitors agree to the extra 28 day extension as per the CPR letter).

Oh now thats confused me i recieved the claim form on the 22nd july but it was dated 19th july. I AOS on the 23rd July. So do i need to have my defense in by 16th Aug? I really dont know how to defend when i have no idea what it is for.

If they agree to an extension as per the CPR letter do they let the courts know?

Thanks for your help

[charitynjw]

Re: Lowell V MarcToystory

Oh now thats confused me i recieved the claim form on the 22nd july but it was dated 19th july. I AOS on the 23rd July. So do i need to have my defense in by 16th Aug? I really dont know how to defend when i have no idea what it is for.

If they agree to an extension as per the CPR letter do they let the courts know?

Thanks for your help

If the issue date on the front of the court claim is 19th July, add 33 calendar days
I make that Sunday 21st Aug (but you can calculate it yourself using the date checker at the top of the thread....math isn't my forte).
In fact, because it falls on a Sunday, you are also allowed the following day, Monday, 4pm deadline (but don't leave it 'till the last minute).

If the Claimant does agree to the 28 day extension, the Defendant (you) have to inform the court.

The substance of the defence can be determined when & if they respond to your requests.
You can, after a suitable period, chase the CPR letter (it gives them 7 days to respond).
Do not chase the CCA request..........if you should receive anything back from the claimant re either, give us a look first if you can.
The AOS is fine (have you verified online or by 'phone that it's been received by the court?)