** WON ** Lowell/Bryan Carter - lloyds tsb - DISCONTINUED

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Sorry flamingparrot I have just reread the thread and can see you have already advised on a template response to sb defence.

do I also state the non response to the cca as I have heard nothing back from Lowell and that BC will not cooperate with the CPR or extension?

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Anyone got any suggestions please ?

[Amethyst]

Re: Lowell/Bryan Carter - lloyds tsb

If you are putting a defence in then yes put that it is statute barred by virtue s.5 Limitations Act 1980, and also put that they have failed to comply with your Consumer Credit Act s.78(1) request. There's some useful paragraphs you can borrow in http://www.legalbeagles.info/forums/...t-Court-Claims as well as the Stat Barred defence, and you can also mention about them not agreeing to the extension.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Ok thats great many thanks Amethyst very much appreciated thank you

[nemesis45]

Re: Lowell/Bryan Carter - lloyds tsb

State Failure to comply with section 77/78 request under CCA 1974.
And the Stat barred statement.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

How does this sound I am about to file my defence on MCOL and just wanted you to give it a check over in case I have worded it wrong.

The claim was issued on the 24th of November 2014.

The Defendant contends that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.
No acknowledgement or payment on this debt has been made since August 2008.

On the 01/12/14 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
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.

On the 01/12/14 I 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.

ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

[Amethyst]

Re: Lowell/Bryan Carter - lloyds tsb

That sounds absolutely fine to me Just amend the bits in square brackets to 77(1) and 77(4) ( as it's a loan) and you're sorted xx

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Excellent your a star thank you very much for your help :O)

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Right that's my defence submitted hopefully the rest will be painless fingers crossed.

Will update when I have a response

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Hi all hope you had a great xmas and new year.

I received a letter from Bryan carter stating that their client thought they had a good prospect of winning the case but wanted to mediate before it going to court.
They have asked me to either pay off 50% of the total balance to settle as partial satisfied or enter into a tomlin order.

I do not want to mediate as they have not complied with either the cca request or cpr 31.14 and I believe that this is statue barred.

By the looks of it they are having one last attempt to get some cash.

What would be the best way to reply ?

[nemesis45]

Re: Lowell/Bryan Carter - lloyds tsb

Hold your ground!!
Lowell's way of talking you round when it knows full well if it has no agreement or viable recon it cannot succeed in court.
I respectfully decline your offer of " mediation" on the grounds that Lowell has not complied with my CCA Request and has not disclosed a compliant agreement regulated under CCA 1974 and is unable to enforce the agreement via the court.
I respectfully suggest the Lowell should withdraw the claim in order to save time and court costs.

Copy to Carter/ Copy to Ms Sara de Tute Director of Legal & Compliance the Lowell Group ( Ellington House, 9 Savannah Way,
Leeds Valley Park, Leeds. LS10 1AB.) signed for post.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Ok thanks Nemesis.
Will fire a letter off to them.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Just got home and have received a Notice of Proposed Allocation to small claims track.

do I just send the above reply about mediation and complete this form ?

Is is there any guidance on how to complete this form on the forum it seems straight forward enough just may need some help on the explanations ?

thanks again

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Just paid for VIP to show my appreciation for your help

[nemesis45]

Re: Lowell/Bryan Carter - lloyds tsb

Hi Nik,
Yes follow directions on the forms.

I'm sure your subscription is much appreciated!!

nem