**DISCONTINUED** Lowell/Bryan Carter for Lloyds debt.

[Norfolk Enchants]

Hi all,

I received (Saturday 15th) a claim form, details as follows:

Issue Date: 14-08-2015
Amount: £1945.77 + £105/£80
Claimant: Lowell Portfolio
Solicitor: Bryan Carter


Particulars of Claim:

THE CLAIMANTS CLAIM IS FOR THE SUM OF 1801.63, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND Lloyds, UNDER ACCOUNT REFERENCE xxxxxxxxxxx AND ASSIGNED TO THE CLAIMANT ON 30/06/2014, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

AND THE CLAIMANT CLAIMS 1801.63 THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM
FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 144.14

Original Credit: Lloyds - Current & Overdraft. Opened 05/03/2008
Last payment to account: 20/03/2012
'Default': 01/01/2010

I've sent acknowledgement of service prior to this post - 18/8/2015. CCA request and CPR 31.14 letters drafted and will go registered post tomorrow unless I hear otherwise. I have not received any documents referred to in the particulars section, although I may recall an original final demand letter years ago.

Is everything correct so far?

Thanks in advance......

[nemesis45]

Re: Lowell/Bryan Carter for Lloyds debt.

Hi Welcome to LB,
Ok although this is a current account and OD which is exempt from parts of CCA 1974 Carter has stated that a regulated agreement forms part of their claim it is in my opinion a good idea to send the CCA request to Lowell.
Use a cheque or postal order for £1 for the statutory fee, endorse the Cq. or PO " For Statutory Fee Only.

Do you have any thoughts on a defence to this claim.

nem

[FlamingParrot]

Re: Lowell/Bryan Carter for Lloyds debt.

Hi all,

I received (Saturday 15th) a claim form, details as follows:

Issue Date: 14-08-2015
Amount: £1945.77 + £105/£80
Claimant: Lowell Portfolio
Solicitor: Bryan Carter

Particulars of Claim:

THE CLAIMANTS CLAIM IS FOR THE SUM OF 1801.63, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND Lloyds, UNDER ACCOUNT REFERENCE xxxxxxxxxxx AND ASSIGNED TO THE CLAIMANT ON 30/06/2014, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

AND THE CLAIMANT CLAIMS 1801.63 THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM
FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 144.14

Original Credit: Lloyds - Current & Overdraft. Opened 05/03/2008
Last payment to account: 20/03/2012
'Default': 01/01/2010

I've sent acknowledgement of service prior to this post - 18/8/2015. CCA request and CPR 31.14 letters drafted and will go registered post tomorrow unless I hear otherwise. I have not received any documents referred to in the particulars section, although I may recall an original final demand letter years ago.

Is everything correct so far?

It looks like Mr Carter's litigation clerk is not aware of the differences between a current account overdraft and credit products regulated by the CCA and has used a standard template to draft the particulars of the claim. :ohwell: There wouldn't have been an agreement regulated under the CCA for an overdraft as it's a facility attached to a current account. A default notice may or may not have been issued but the requirements of s.87 of the CCA do not apply to overdrafts.

I guess there's no harm in sending a CCA request since they've described it as an agreement regulated by the CCA, however, Lowell may reply saying it doesn't apply and you can't use non-compliance with your request in your defence in this case. :mmph:

In the CPR request letter you can ask for all the documents mentioned on the particulars as I've highlighted above so you can request a copy of:

• The 'agreement' (as they describe it as such, even though it would be a current account agreement and not a credit agreement)
• The notice of assignment
• The default notice

They don't mention a final demand on the particulars of claim so you can't request a copy of it. If you say you paid as late as 2012, the account wouldn't be SBd anyway. The final demand is important when no payments have been made in six years or more to establish when the clock starts for the purpose of limitation.

[Norfolk Enchants]

Re: Lowell/Bryan Carter for Lloyds debt.

Sorry for the delayed response - I sometimes have to work right through. I should've mentioned it previously.

I'll post a full y reply later tonight when I get home.

Thanks for your help so far, but things aren't looking good!?

Nor

[FlamingParrot]

Re: Lowell/Bryan Carter for Lloyds debt.

Sorry for the delayed response - I sometimes have to work right through. I should've mentioned it previously.

I'll post a full y reply later tonight when I get home.

Thanks for your help so far, but things aren't looking good!?

Nor

No worries. :thumb:

It's a little early to say. Unfortunately overdrafts are not always easy to defend using CCA arguments that apply to other loans, however, Lowell and Mr Carter are well known for not being able to provide any documents to back up their claims so they may stumble at that point. ray:

[Norfolk Enchants]

Re: Lowell/Bryan Carter for Lloyds debt.

Hi Welcome to LB,
Ok although this is a current account and OD which is exempt from parts of CCA 1974 Carter has stated that a regulated agreement forms part of their claim it is in my opinion a good idea to send the CCA request to Lowell.
Use a cheque or postal order for £1 for the statutory fee, endorse the Cq. or PO " For Statutory Fee Only.

Do you have any thoughts on a defence to this claim.

nem

I have done so with the cheque but thanks for the nudge. I had no idea on a defence, I was hoping that they wouldn't produce documents and I could get it discontinued on that basis.

It looks like Mr Carter's litigation clerk is not aware of the differences between a current account overdraft and credit products regulated by the CCA and has used a standard template to draft the particulars of the claim. There wouldn't have been an agreement regulated under the CCA for an overdraft as it's a facility attached to a current account. A default notice may or may not have been issued but the requirements of s.87 of the CCA do not apply to overdrafts.

I guess there's no harm in sending a CCA request since they've described it as an agreement regulated by the CCA, however, Lowell may reply saying it doesn't apply and you can't use non-compliance with your request in your defence in this case.

In the CPR request letter you can ask for all the documents mentioned on the particulars as I've highlighted above so you can request a copy of:

• The 'agreement' (as they describe it as such, even though it would be a current account agreement and not a credit agreement)
• The notice of assignment
• The default notice

They don't mention a final demand on the particulars of claim so you can't request a copy of it. If you say you paid as late as 2012, the account wouldn't be SBd anyway. The final demand is important when no payments have been made in six years or more to establish when the clock starts for the purpose of limitation.

Did I not read somewhere on this site that an overdraft was a rolling credit agreement? And what happens should this case go to court and they fail to produce documents?

No worries. :thumb:

It's a little early to say. Unfortunately overdrafts are not always easy to defend using CCA arguments that apply to other loans, however, Lowell and Mr Carter are well known for not being able to provide any documents to back up their claims so they may stumble at that point. ray:

Thanks, that sounds a little more hopeful. Lowell's do have authority over another Lloyds account - a credit card which has mirrored paperwork for the last 12 months. However they do not appear to be pursuing it as yet. Could this imply that they are just testing the water with the 'easier' case and that they don't hold the necessary paperwork?

I'm off today (but out and about for a lot of it) so replies should be a little more prompt!

Thanks for the help.....

[nemesis45]

Re: Lowell/Bryan Carter for Lloyds debt.

I have done so with the cheque but thanks for the nudge. I had no idea on a defence, I was hoping that they wouldn't produce documents and I could get it discontinued on that basis.



Did I not read somewhere on this site that an overdraft was a rolling credit agreement? And what happens should this case go to court and they fail to produce documents?



Thanks, that sounds a little more hopeful. Lowell's do have authority over another Lloyds account - a credit card which has mirrored paperwork for the last 12 months. However they do not appear to be pursuing it as yet. Could this imply that they are just testing the water with the 'easier' case and that they don't hold the necessary paperwork?

I'm off today (but out and about for a lot of it) so replies should be a little more prompt!

Thanks for the help.....

The credit card account mow in Lowell's hands and not being pursued it would I think be a good idea to
get a CCA request off to the original creditor now so you are ahead of the game should Lowell start to chase.

If Lowell continue to trial with the OD they will have to produce the agreement mentioned in the particulars of claim at least 14 days before a hearing.

nem

[FlamingParrot]

Re: Lowell/Bryan Carter for Lloyds debt.

I have done so with the cheque but thanks for the nudge. I had no idea on a defence, I was hoping that they wouldn't produce documents and I could get it discontinued on that basis.

That's still a possibility. ray: ray: ray:

Did I not read somewhere on this site that an overdraft was a rolling credit agreement? And what happens should this case go to court and they fail to produce documents?

It is a credit facility attached to a current account, so you wouldn't have signed a credit agreement although you would have a current account agreement, however, the provisions of s.77-79 of the CCA do not apply and you cannot argue that not having sent you a copy on request is a bar to enforcement.

It would be a question of submitting a generic 'no documents' defence and hoping they will discontinue when they see they can't get anything. ray:

Thanks, that sounds a little more hopeful. Lowell's do have authority over another Lloyds account - a credit card which has mirrored paperwork for the last 12 months. However they do not appear to be pursuing it as yet. Could this imply that they are just testing the water with the 'easier' case and that they don't hold the necessary paperwork?

Up to you if you want to awaken sleeping dogs by sending a CCA request when they are not making demands for payment, or whether you'd want to wait till you hear from them first. :decision:

At least nowadays it looks like Mr Carter has been sending proper letters before action prior to issuing a claim, I know others off the forum who have been receiving them lately. In the past, he'd just head straight for MCOL or send a letter saying a claim would be issued in 48 hours.

[Berniethebolt]

Re: Lowell/Bryan Carter for Lloyds debt.

I know it may sound a silly question but is the account number the current account number. It would not be the first time that a DCA with more than one account have got them mixed up, not that I am saying they are thick, just from Yorkshire

[Norfolk Enchants]

Re: Lowell/Bryan Carter for Lloyds debt.

That's still a possibility.

Up to you if you want to awaken sleeping dogs by sending a CCA request when they are not making demands for payment, or whether you'd want to wait till you hear from them first.

At least nowadays it looks like Mr Carter has been sending proper letters before action prior to issuing a claim, I know others off the forum who have been receiving them lately. In the past, he'd just head straight for MCOL or send a letter saying a claim would be issued in 48 hours.

I do have a letter of claim dated 14 days prior......

[QUOTE=Berniethebolt;569169]I know it may sound a silly question but is the account number the current account number. It would not be the first time that a DCA with more than one account have got them mixed up, not that I am saying they are thick, just from Yorkshire [/QUOTE]

Unfortunately they are correct. The account numbers did change for a period, when the account went around the houses but then returned to the correct ones.

I have also found both letters of assignment from Lloyds dated 08/07/2015. Details are correct.

I really appreciate the help, although I fear my luck may not hold on this! :tinysmile_cry_t:

[FlamingParrot]

Re: Lowell/Bryan Carter for Lloyds debt.

I do have a letter of claim dated 14 days prior......

Is this letter of claim for the overdraft you've already received a claim for, or is it for the credit card?

[Norfolk Enchants]

Re: Lowell/Bryan Carter for Lloyds debt.

Is this letter of claim for the overdraft you've already received a claim for, or is it for the credit card?

Just the overdraft at present.

On a positive note, I assume I can start a PPI claim against Lloyds as the longer hold title?

[nemesis45]

Re: Lowell/Bryan Carter for Lloyds debt.

Just the overdraft at present.

On a positive note, I assume I can start a PPI claim against Lloyds as the longer hold title?

You can start a PPI claim at any time.

nem

[Norfolk Enchants]

Re: Lowell/Bryan Carter for Lloyds debt.

The credit card account mow in Lowell's hands and not being pursued it would I think be a good idea to
get a CCA request off to the original creditor now so you are ahead of the game should Lowell start to chase.

If Lowell continue to trial with the OD they will have to produce the agreement mentioned in the particulars of claim at least 14 days before a hearing.

nem

Sorry, just re-read this.

If Lowells now have been assigned the debt, would it not matter that I pursue a CCA request with Lloyds (Ref post #8). Surely they wouldn't inform Lovell?

Thanks again.

[Kafka]

Re: Lowell/Bryan Carter for Lloyds debt.

Lowell never have any paperwork and can only get it from the OC when they need to produce it. By sending CCA request to the OC you know exactly what exists and that's all that Lowell will be able to get if you later challenge them.