County Court Letter from Lowell Portfolio addressed to maiden name

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Not sure but I will get her to look. Thanks again

She has looked and there is absolutely nothing on her report about Lloyds or any other accounts. Her credit report is OK and she doesn't appear to have any searches by Lowell on there. If she hadn't had the Court letter, she would never have known about it as there is nothing on her report at all. Any ideas?

[Diana M]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Have a heading of defence, under this out a heading of intro your wife should put her name, dob, then a heading of particulars of defence.

There is no requirement to put/include a Defendant's Date of Birth in their Defence.

Perhaps because it's not relevant but more importantly because if the Claimant has limited or no information relating to the credit agreement or any other necessary legal document (if it's an overdraft), handing them the Defendant's DOB on a plate could help them to reconstitute the document.

Di

[Diana M]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If it is an overdraft, then it is less simple to make a case that it is statute barred as without a regular monthly payment there is no clear 'cause of action" to start the 6 years running from.

I agree.

With an overdraft the cause of action may relate to the remedy date given when the overdraft was 'called in' (Formal Demand).

This can be some months or even years after a bank account becomes idle and unused.

Di

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

I agree.

With an overdraft the cause of action may relate to the remedy date given when the overdraft was 'called in' (Formal Demand).

This can be some months or even years after a bank account becomes idle and unused.

Di

I'm not sure what to do really, we have no idea what this amount is for but we know that it must be over 7 years ago as that is when her name changed.

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

Does the account number look like a current account number or a credit card? The fact a default notice was issued suggests ( but isn't conclusive) that it was a loan or credit card .

As you have done the AOS then sending the CCA request and CPR request off using the templates at the top of the page are still important and may form the bulk of your defence.

A SAR to Lloyds would be useful as well although no doubt as your wife has now changed names they will make you jump through some hoops to prove her identity

When you come to submit your defence, the easiest way is online where you can cut and paste your defence into the box and it sets it all out for you

While statute barred is an absolute defence I think it would be foolish to rely on that as your only line hence using the CCA , CPR 31.14 and SAR route. This will get as much info as you can to defend. It seems many people who at first believe an account is SB later realise it is not and therefore if that is the only line of defence you have- well you are up the creek

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

Does the account number look like a current account number or a credit card? The fact a default notice was issued suggests ( but isn't conclusive) that it was a loan or credit card .

As you have done the AOS then sending the CCA request and CPR request off using the templates at the top of the page are still important and may form the bulk of your defence.

A SAR to Lloyds would be useful as well although no doubt as your wife has now changed names they will make you jump through some hoops to prove her identity

When you come to submit your defence, the easiest way is online where you can cut and paste your defence into the box and it sets it all out for you

While statute barred is an absolute defence I think it would be foolish to rely on that as your only line hence using the CCA , CPR 31.14 and SAR route. This will get as much info as you can to defend. It seems many people who at first believe an account is SB later realise it is not and therefore if that is the only line of defence you have- well you are up the creek

Thanks for all the advice. The only reference number from Lloydsquad is a 14 digit number, I think that credit card numbers are 16 digits but I may be wrong.
I will use the CCA and CPR templates; when do you think I should fill them in on the online form?

[Kafka]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Credit cards have 16 numbers. If its 14, then that could be 6 for the sort code and 8 for the account number, but the POC refer to a regulated agreement.

[Blinkin73]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi Di

I will take you word for it. I was told to do this by the solicitor I saw and I am sure I read that I had to do this in the CPR. Im no expert and I will check where I read it and report back.

Ok, I found it - CPR practice direction 16 - Statements of Case 10.7 " Where a defendant to a claim or counterclaim is an individual, he must provide his date of birth (if known) in the acknowledgement of service, admission, defence, defence and counterclaim, reply or response"

Source www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

I understand your argument. Am I reading an out of date practice direction? Im genuinely interested

[Blinkin73]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

There is no requirement to put/include a Defendant's Date of Birth in their Defence.


Di

Hi,

I posted above re practice direction 16 but forgot to post as a reply to you so that you were aware of my reply and question. Thanks

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

If you read PD16 1.1 it says this does not apply when an part 8 is used

That, by my understanding is an 'alternative' form of issuing a claim which would include MCOL

That may be where the confusion lies. In any event, when you set up the MCOL account they want to know everything about you including your inside leg measurement :-)

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Does anyone know if this part of the CPR, "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X." is when I am going to start the defense part of the court documents and if I should only send this to Lowells?

[MIKE770]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

date you are due to file defence use

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

OK thanks. Is there a set date I should do this?

[charitynjw]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If the claim was via MCOL, defence deadline is 33 days from the claim issue date.
Going by my (admittedly dodgy) math, in your case that would be 1st August.

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If the claim was via MCOL, defence deadline is 33 days from the claim issue date.
Going by my (admittedly dodgy) math, in your case that would be 1st August.

Thank you, do I just choose a date before the 1st August? I'm not sure whether I send the letter to just Lowells or to the court as well ��