Setting aside a CCJ - Lowell

[CharlieP]

Re: Setting aside a CCJ - Lowell

You'll need to request the SAR, along with the £10 fee directly with their DSAR team. The details can be found half way down HERE

Under the Data Protection Act you have the right of access to your personal data. The Act allows us to charge a fee of £10 for this service. If anything is inaccurate or incorrect, please let us know and we will correct it. For further details on how to request a copy of your information, please write to the:
DSAR Unit
Lloyds Bank
Customer Service Recovery
Charlton Place, C57
Andover, SP10 1RE

[Diana M]

Re: Setting aside a CCJ - Lowell

I see no harm in you asking the Claimant's solicitors for a copy of the claim form. Do this in writing asap. If you get no response then you may wish to refer to that in your Defence. Also email a copy of your letter to them due to the time restraints.

Did you go ahead with my earlier suggestion to get the POC from the solicitors?

And did you receive any response to your premature CPR 31.14 Request?

Di

[Madcookie]

Re: Setting aside a CCJ - Lowell

Thanks [MENTION=82993]CharlieP[/MENTION], I wrote in to lloyds requesting the SAR with in the first week of the judgement being set aside, have heard nothing back as of yet, and i imagine its too late to write in again with the defence needing to be posted tomorrow

Hi [MENTION=87380]Diana M[/MENTION],

We have had nothing to indicate they are using a solicitors so far. The person who came to the hearing was introduced as their "representative" like an agent my Mrs told me. We can put a request in the post tomorrow to the solicitors address that [MENTION=6]Amethyst[/MENTION] posted earlier in the thread (One of the addresses we sent a CPR to) if you think its a good idea? But it will get there about the same time as our defence now, so maybe no use?

With regards the CPR Request, we've had nothing back.

I'm about to start her defence, need to post it tomorrow as I'm away Friday-Sunday and will not get an opportunity to do it then.

As a brief outline of what i intend to state:

• We have had no POC and are making assumptions on what the original Lloyds debt is,
• Lloyds have not provided the information requested Via SAR, only a basic account statements,
• We have not received any correspondence from Lloyds saying the debt had been sold to Lowell,
• Lowell have not provided CCA and CPR even after requested,
• The debt we believe it is, is Statute barred as it was closed in 2009 and no payments or withdrawals have been made since 2007.

Do you think this is all correct? can you give me any pointers? I will post up her defence tomorrow before lunch.

Oh and do we just print it off normally, citing claim number on it? I assume a signature is required too?

Kind regards

Anthony

[Amethyst]

Re: Setting aside a CCJ - Lowell

That sounds like a good start

We have had no POC and are making assumptions on what the original Lloyds debt is,
Lloyds have not provided the information requested Via SAR, only a basic account statements,
We have not received any correspondence from Lloyds saying the debt had been sold to Lowell,
Lowell have not provided CCA and CPR even after requested, check the template defence and use bits from that for yours
The debt we believe it is, is Statute barred as it was closed in 2009 and no payments or withdrawals have been made since 2007.

Defence Layout - as per this - http://legalbeagles.info/forums/atta...1&d=1407491762

So example ( VERY ROUGH TO GIVE YOU A STARTING POINT )

1: The Defendant did not receive the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court or the Claimant. The Defendant has still not received a copy of the original Particulars of Claim despite requests to the Claimant. probs expand this to state about having the judgment set aside at hearing and this defence is submitted pursuant to the order of District Judge XXXX dated xxxxxxxxxxxxxxxx

2. The Defendant is embarassed and is unable to plead effectively to the claim. This Defence is based on the the Defendants own detective work as there has been no information at all provided by the Claimant.

3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974 held between Lloyds Bank Plc and the Defendant. The Defendant has held various products with Lloyds Bank Plc in the past.

4: The Defendant has sent a formal Subject Access Request to Lloyds Bank Plc as original creditor and is awaiting a full response.

5. With regards to any debts owed to Lloyds Bank Plc, which is denied, it is contended by the Defendant that any liability will be statute barred by virtue of section 5 of the Limitations Act 1980. The Defendant changed their banking in 2009 and has had no further contact with the bank and has not acknowledged nor made payment to the alleged original creditor nor any third party. The Defendant has checked her own records and can not see any payments made to, or withdrawals made or received from the bank after xxxxxxxx 2007.

6: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

7. [Claimant's Solicitor] has not sent any of these documents to me.

8. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. 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.

10. 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.

11. 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.

12. 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 .................................................. ....

[Madcookie]

Re: Setting aside a CCJ - Lowell

Good morning @Diana M , @Amethyst , Thanks for your reply.

I've written the defense and have added it as an attachment. Will you please have a look through and see if i need to amend anything?

I believe i have to send this to the court and lowell. Is this correct?

If so do i just send one to the PO BOX address they gave or should i do that, plus the solicitors and normal lowell address @Amethyst
posted?

Again thank you for your help, you've been fantastic through out this!!!

Kind Regards

Anthony

[MIKE770]

Re: Setting aside a CCJ - Lowell

ALERT Case number etc showing

[Amethyst]

Re: Setting aside a CCJ - Lowell

No Panic I've modded it.

Just having a read through now Mc xxxx

[Kati]

Re: Setting aside a CCJ - Lowell

ALERT Case number etc showing

No Panic I've modded it.

and I've redacted it and put it back up lol xx

[Amethyst]

Re: Setting aside a CCJ - Lowell

I wasn't joking about it being a very rough draft btw I think we are correct not going into detail about the possibility of it being an overdraft - if the claimant provides evidence of it being an OD and not being Stat Barred then you can amend defence to argue unfair charges / account closure etc etc. For now this will likely be enough though.

So some notes...

Para 1: add in the short version for clarity - then you're fine using it onwards.

... Particulars of Claim (POC)despite requests to the Claimant. ...


Also can you split the para and renumber all as it's a bit long. Maybe...

1: The Defendant did not receive the original claim xxxxxxxxxx from Northampton County Court or the Claimant. Judgment in Default was awarded to the Claimant however this judgment was set aside at a hearing and this Defence is submitted pursuant to the order of District Judge Stacey on 03/04/2017.

2: The Defendant has still not received a copy of the original Particulars of Claim (POC) despite requests to the Claimant. Two email requests have been made to The Northampton Business Centre requesting copies the POC. The Defendant has not received a response.





Para 4:

4: The Defendant has sent a formal Subject Access Request under the Data Protection Act 1998to Lloyds Bank Plc as original creditor, in order to find out more information relating to this claim, and is awaiting a full response.

Para 7:

7. Neither Lowell Solicitors and Lowell Financial LTD have provided me with any of these documents.

Para 8: change to 77-79 as you don't know if its a credit card or a loan , or even a hire purchase agreement, so just cover all of them.

8. On the 24/4/17 I sent a formal request for a copy of the original agreement to Lowell Financial Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.


Para 9: Same as in 8 slightly amended.

9. The Claimant has failed to comply with my formal request under s. 77 - 79 of the Consumer Credit Act and therefore cannot enforce the agreement.

[Amethyst]

Re: Setting aside a CCJ - Lowell

and I've redacted it and put it back up lol xx

Thank you my lovely xx

[Amethyst]

Re: Setting aside a CCJ - Lowell

Oops missed your question. Yes a copy will need to be sent ( served) on the claimant at the same time you send the orginal copy to the court. Very brief cover letter - Dear Lowell, Please find enclosed the Defence in Claim XXXXX pursuant to the order dated xxxxxxxxx by D J Stacey. Sincerely, MC. Will do fine.

[Madcookie]

Re: Setting aside a CCJ - Lowell

Thank you [MENTION=3599]MIKE770[/MENTION] for the heads up with regards the case number, I hadn't realised this was to be redacted also.Thanks [MENTION=49370]Kati[/MENTION] for fixing this. I've also gone back and removed all my attachments as they all had the case number showing. [MENTION=6]Amethyst[/MENTION], post #43 is the only one i couldn't remove, as it is your post, this has the claim number on the top, I assume this will need to go too?

Thank you [MENTION=6]Amethyst[/MENTION] for the amendments, I've incorporated them in to the defense and have added the updated attachment. Your draft copy is 100 times better than I could ever come up with

If all is good by you i will print and send....?

Thanks again

Kind regards

Anthony

[Diana M]

Re: Setting aside a CCJ - Lowell

I'm not in a position to comment on your proposed Defence ( I have to respect my firm's insurance) but keep in mind that this document will be signed and sworn by your wife since it's her claim so make sure she's in total agreement with the contents.

If you plan to say that you have asked the Claimant for the POC then you need to make sure you have evidence of that (was it by email?) in case you're challenged on this point further down the line. (You don't need to produce the evidence at this stage.) Maybe I've misunderstood post # 48 which is your response to my question about asking the Claimant's solicitors for the POC.

Also quiz your wife on what she said in court about the debt (if she did). It may be awkward to deny knowing anything about the Lloyds account if she's already told the court it was an overdraft etc.

You previously posted that the DJ at the last hearing nudged her in the direction of three possible Defence arguments. One of them was SB. So did she raise the SB issue at that hearing (which would have been recorded) and if so did she tell the court that it was a bank account she was referring to?

The legal representative for the Claimant would have made a note of what was said and provided the information to the Claimant.

Di

[Madcookie]

Re: Setting aside a CCJ - Lowell

Hi [MENTION=87380]Diana M[/MENTION]

You are correct with regards #48, I have removed the part of the paragraph now that mentions claimant and poc, but have left the request to Northampton Business centre in.

I have just found the email address for there solicitors, i can ask her to email when i get home. still worth it? If so i will still leave that in...?

with regards what she said in court, she did mention an overdraft, although with nothing from Lloyds and with it being such a long time ago she was making an educated guess, hopefully, rather than admitting liability. She was very flustered and overwhelmed during the course of the session. we had expected for us both to go in and she was under prepared.

i don't think she raised the SB as she didn't know what that meant.

Kind regards

Anthony

[Diana M]

Re: Setting aside a CCJ - Lowell

Most LIPs get flustered in court. That's what the other side are hoping for.

As I said earlier it's a pity you didn't agree a Consent Order for the set aside with the Claimant especially since they didn't oppose your Application (from what you've said).

That way you'd have avoided the ordeal of a hearing and could have continued playing smoke and mirrors with the Claimant over documents.

What matters at the moment is your wife must be comfortable with what her Defence says.

Di