** DISCONTINUED ** Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

[nemesis45]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Ok as the 12 + 2 working days for the CCA request expires, and if you have heard
nothing from Lowell or the court, phone the court and check on the status of the
claim. You will not be informed if the claim is stayed.

nem

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

I have not put in a defense yet to the court, only acknowledged receipt of the claim from them.

[nemesis45]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Ok what are your points for defending the claim, work them out, then take
a look at some other Lowell threads and the defence used it will give you a good
basis to start your defence.

nem

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Here is a copy of my defence can someone give it the once over please x


IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE NO: BXXXXXX
BETWEEN:
LOWELL PORTFOLIO (CLAIMANT)
And
(DEFENDANT)


1) I received the claim BXXXXXXX from the Northampton County Court on 24^th April 2015.

2) This claim appears to be for an agreement regulated under the Consumer Credit Act 1974. I do not recall seeing or signing any such agreement.

3) It is admitted that the Defendant has previously entered into agreements and also joint agreements in the past for provision of credit in the name of Mrs Wyatt (prior to my divorce).



4) The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5) The particulars of claim fail to state when the agreement was entered into.

6) The Claimants statement of case states that the account was assigned from HBOS to Lowell Portfolio I Ltd on 26/06/2007. The Defendant does not recall receiving notice of this assignment.

7) On the 10^th May 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provides copies of the Agreement, Default Notice and Notice of Assignment.

8) On the 20 May 2015 I received a response to my 10 May letter from Bryan Carter Solicitors saying that it is the original creditors’ policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, asking me to refer to my own records.

9) On the 21 May 2015 I sent a second request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I still wait their response.

10) On the 10^th May 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11) The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12) I have 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.

13) 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.

14) I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case, and provide strict proof of any acknowledgement or payment in the last 6 years or else the Claim should stand struck out.

15) 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.

Statement of Truth

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

B. Carter are also for me to provide them with proof of my name change, they are asking for a copy of my deed poll. Do I have to send them this?

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Defence sent.

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Rec'd letter from Court acknowledging receipt of my defence, and a copy being served on the claimant.
Stating
"Claimant may contact you direct to attempt to reslove any dispute".
"Claimant must contact the court within 28 days after receiving the copy of your defence, after that period has elapsed, the claim will be stayed."

Now I take it that it is a waiting game to see what will happen?

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Rec'd letter from Court acknowledging receipt of my defence, and a copy being served on the claimant.
Stating
"Claimant may contact you direct to attempt to reslove any dispute".
"Claimant must contact the court within 28 days after receiving the copy of your defence, after that period has elapsed, the claim will be stayed."

Now I take it that it is a waiting game to see what will happen?

Yes, it is, unfortunately such is the nature of the legal process, a lot of waiting is involved.

[nemesis45]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Rec'd letter from Court acknowledging receipt of my defence, and a copy being served on the claimant.
Stating
"Claimant may contact you direct to attempt to reslove any dispute".
"Claimant must contact the court within 28 days after receiving the copy of your defence, after that period has elapsed, the claim will be stayed."

Now I take it that it is a waiting game to see what will happen?

Well your defence was good so let's hope they take note.

BTW the request from Carter in regard to your name change, did you supply any proof?

nem

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Oh! - No I didn't I forgot all about that was so engrossed in the defence and replying to their first letter.
Should I send them a copy of my deed poll, I have managed to find it still packed in a box of old paperwork!

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

I have today received this letter from BC.

Still no responses from the original two letters sent re the CPR31.14 and the CCA request.

What do I do about this letter?
Do I wait for the court to get back to me as they have not responded to the original letters.

Once again many thanks for your help with this.....

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

I have today received this letter from BC.

Still no responses from the original two letters sent re the CPR31.14 and the CCA request.

What do I do about this letter?
Do I wait for the court to get back to me as they have not responded to the original letters.

Once again many thanks for your help with this.....

There's no need to do anything about the letter, they only had to notify the court but are taking the opportunity to see if you change your mind and decide to settle.

The court will send both sides a directions questionnaire in due course. Once the questionnaires are returned, the claim will be transferred to your local court and the court will give directions which will include the disclosure of the documents they are relying on. :thumb:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi again all,
Received this letter today?
Is this their attempt to reply to the CPR 31.14 letter?
Still heard nothing more from the courts.

Shall I send them proof of my change of name? and what reply do I do to this letter?
Many thanks x

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

That seems Mr Carter's standard response to all requests with a bit added about your name change, and it's a little late now you've submitted your defence. He would have no clue what the policies of HSBOS were, would he? Not unless he happened to be working for them!

Personally, I'd just wait to hear from the court.

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Thank you so much, we thought this was one of his standard replies.

He must also be the only person in the country who can post a letter second class yesterday and I got it today lol.

Will await further contact from the court.
Still no response from Lowell either do I have to chase them up or leave it to the courts to ask if I have had my request for info complied with?

Once again many thanks this site is a godsend as with a disabled partner life is tough enough x

(My other half has had this track started by the same pair of idiots so We are getting the two request letters ready to send x will start a new threads for that when needed x)