**WON!!** Lowell Portfolio 1 Ltd vs. sergeybubka

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi Nem,

Yes, just a covering letter with statement of account and then the statements. No other communication on the covering letter at all.

No agreement no enforcement Sergey.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

No agreement no enforcement Sergey.

nem

Does this apply to overdrafts then Nem? I've read a lot of conflicting and confusing info on this.

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Does this apply to overdrafts then Nem? I've read a lot of conflicting and confusing info on this.

Has Lowell mentioned an agreement in the POC, ODs after 2011 I think have some regulation under CCA 1974.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Has Lowell mentioned an agreement in the POC, ODs after 2011 I think have some regulation under CCA 1974.

nem

Yes, the POC states that it was a regulated agreement under the CCA 1974. The account was opened in 2007 and closed in 2013.

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Yes, the POC states that it was a regulated agreement under the CCA 1974. The account was opened in 2007 and closed in 2013.

Then you are at liberty to request a copy of the regulated agreement.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi guys, (hope you don't mind me tagging you [MENTION=55034]nemesis45[/MENTION])

The written statements and copies of the documents to be relied on in court need to be sent by Monday afternoon (19th). I have been waiting for further documents from Lowell until today but have yet to receive anything other than the statement of account, so no agreement under CCA 1974 as per the particulars of the claim.

I am a bit stuck as to what to do next. My defence at the moment is basically no agreement, no enforcement. However, despite there being no agreement, the statements of account are undeniably mine. How will the judge likely view this?

Is it worth trying to negotiate a settlement at this stage? Will the judge look more favourably if there is evidence of this submitted? Or shall I just stick to my current position?

As I've said previously, I am responsible for the debt and happy to pay back what I believe is fair (overdraft limit minus fees paid). I just don't want to be bullied by Lowell and don't feel that the amount claimed is reasonable.

Apologies for all the questions, and I appreciate that all cases are different and it can be difficult to give concrete advice, I'm just looking for some guidance.

Thanks
SB

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi guys, (hope you don't mind me tagging you @nemesis45)

The written statements and copies of the documents to be relied on in court need to be sent by Monday afternoon (19th). I have been waiting for further documents from Lowell until today but have yet to receive anything other than the statement of account, so no agreement under CCA 1974 as per the particulars of the claim.

I am a bit stuck as to what to do next. My defence at the moment is basically no agreement, no enforcement. However, despite there being no agreement, the statements of account are undeniably mine. How will the judge likely view this?

Is it worth trying to negotiate a settlement at this stage? Will the judge look more favourably if there is evidence of this submitted? Or shall I just stick to my current position?

As I've said previously, I am responsible for the debt and happy to pay back what I believe is fair (overdraft limit minus fees paid). I just don't want to be bullied by Lowell and don't feel that the amount claimed is reasonable.

Apologies for all the questions, and I appreciate that all cases are different and it can be difficult to give concrete advice, I'm just looking for some guidance.

Thanks
SB

Hello SB

Have a look at the defence templates in the green box above to get an idea of content and format, as the claimant has failed to date to comply with the CCA request the debt is unenforceable so this forms the crux of the defence.

Try amending a template to suit your case and make a draft and post here so we can go through it with you.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi all, here's a rough draft of my witness statement. Felt a bit lost as to what I should include, but tried to use as much of the advice on this site as I could. It needs to be sent tomorrow, so if anyone has any advice I would be grateful. [MENTION=55034]nemesis45[/MENTION]

1. On or around 24 June 2016, I received a letter dated 14 June titled ‘letter of claim’ from the Claimant’s solicitors (BW Legal).

2. The letter notified me that BW Legal would issue a Claim against me in the County Court if payment of £* or a response was not received before 1 July 2016.

3. The ‘letter of claim’ failed to state the nature of the debt.

4. The ‘letter of claim’ stated an original account number unknown to me.

5. On 27 June 2016, I sent a letter [Exhibit A] to BW Legal pointing out that, given the information provided, I did not acknowledge liability for the alleged debt.

6. I also asked that no further contact be made concerning the alleged debt unless evidence of my liability for the alleged debt was provided.

7. On or around 12 July 2016, I received a letter from BW Legal titled ‘Notice of Pending County Court Judgement’ stating that I had failed to respond with the reasons why the debt is disputed.

8. I aver that in not ceasing collection activity whilst investigating my dispute, BW Legal were using deceptive and/or unfair methods.

9. On or around 12 July 2016, I received a claim form dated 4 July 2016 from the County Court Business Centre, Northampton, for the amount of £* plus interest, court fee and legal representative’s costs.

10. The particulars of the claim state that the alleged agreement between myself and Lloyds Banking Group PLC was under account reference ******00000000. I have no records of an account with this reference number in my name.

11. The particulars of the claim state that the sum of £* is due under a Loans, Financial Services, Overdrafts, Credit agreement regulated by the Consumer Credit Act 1974 between myself and Lloyds Banking Group PLC.

12. The particulars of the claim state that I failed to maintain the contractual payment under the terms of the agreement.

13. On 20 July 2016, I sent a letter [Exhibit B] to the Claimant (Lowell Portfolio 1 Ltd) requesting a copy of the alleged agreement for which I enclosed a payment of £1 payable under the Consumer Credit Act as entitled to do so under sections 77-79 of the Consumer Credit Act 1974. I have yet to receive a copy of the alleged agreement.

14. The particulars of the claim state that the alleged debt was assigned to Lowell Portfolio 1 Ltd on 24 November 2015 and that notice of which was assigned to myself. I deny receiving any such notice.

15. The particulars of the claim state that a default notice was served and not complied with. I deny receiving any such default notice.

16. On 20 July 2016, I sent a letter [Exhibit C] to BW Legal requesting copies of the documents referred to in the particulars of the claim. Specifically, the alleged regulated agreement between myself and Lloyds Banking Group PLC, the alleged default notice, and the alleged notification of assignment.

17. BW Legal acknowledged my request for documentation on 22 July 2016, but have since failed to provide any of the requested documents and have thus not complied with their CPR 31 duties.

18. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and has yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi guys, I hope you all had a great Christmas.

I've been away for a few days over Christmas and came back yesterday to another bulky package from BW containing their WS. I hope you have some advice for me on where I stand right now as it's all getting a bit confusing and worrying now the court date is nearing.

I've attached the WS, I'd be grateful if you could have a look and let me know what you think.

A few things jump out from the package:

1. The balance due on the cover letter has jumped £170 from the court claim with no explanation. Is this extra court fees?
2. They reference a 'Classic Account' which is a Lloyds TSB current account and have attached T's&C's for Lloyds Bank even though my account was with Halifax, who have different products and terms despite being owned by Lloyds.
3. The screenshot of Lowell's case management system...

They have also attached the letter of assignment.

As I mentioned earlier, a proportion of the debt is made up of charges. Having been through the statements sent, I have paid over a third of the value of the debt in bank charges, the majority of which I believe would be deemed unfair. Is there anything I should do about this? Or is there a way I can use this to help my case or negotiate a settlement if it came to it? Also, not sure if relevant but I came across this article on the site http://legalbeagles.info/beagle-wins-bank-charge-case/ - the same judge is on my case.

I'm finding it hard to work out where I stand at the moment and having trouble working out what I need to be doing so any help would be greatly appreciated. [MENTION=55034]nemesis45[/MENTION]

SB

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Apologies for all the attachments...

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi guys, I hope you all had a great Christmas.

I've been away for a few days over Christmas and came back yesterday to another bulky package from BW containing their WS. I hope you have some advice for me on where I stand right now as it's all getting a bit confusing and worrying now the court date is nearing.

I've attached the WS, I'd be grateful if you could have a look and let me know what you think.

A few things jump out from the package:

1. The balance due on the cover letter has jumped £170 from the court claim with no explanation. Is this extra court fees?
2. They reference a 'Classic Account' which is a Lloyds TSB current account and have attached T's&C's for Lloyds Bank even though my account was with Halifax, who have different products and terms despite being owned by Lloyds.
3. The screenshot of Lowell's case management system...

They have also attached the letter of assignment.

As I mentioned earlier, a proportion of the debt is made up of charges. Having been through the statements sent, I have paid over a third of the value of the debt in bank charges, the majority of which I believe would be deemed unfair. Is there anything I should do about this? Or is there a way I can use this to help my case or negotiate a settlement if it came to it? Also, not sure if relevant but I came across this article on the site http://legalbeagles.info/beagle-wins-bank-charge-case/ - the same judge is on my case.

I'm finding it hard to work out where I stand at the moment and having trouble working out what I need to be doing so any help would be greatly appreciated. @nemesis45

SB

Good morning SB,

Reading now!

nem

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi SB,

Can you post up the documents supplied + any comments you have about them please?

nem

- - - Updated - - -

Hi SB,

Can you post up the documents supplied + any comments you have about them please?

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi SB,

Can you post up the documents supplied + any comments you have about them please?

nem

Thanks, Nem.

Doc 1 is the Claimant's CMS (pic 1). I'm not sure what to make of this to be honest.

Doc 2 is the statement of account (2009-2013). No 2007 or 2008. It is undeniably my statement. It does, however, highlight to me the extent of unfair bank charges I have paid; particularly in 2012 and 2013 when the only money paid into the account was to pay off fees and desperately trying to stave off unplanned charges. Anyway, I suppose that isn't relevant to the case.

Doc 3 (pic 2) is Lloyds Bank UK rates and charges. My account wasn't with Lloyds.

Doc 4 is Lloyds banking charges. Again, my account wasn't with Lloyds. However, I wish it was as they have a £10 overdraft buffer which would have saved me a few quid and their student account is also fee-free!

Doc 5 is the assignment letter (pic 3+4). I can't actually find it in my records, but that's not to say I didn't receive it.

Doc 6 is BW's response to my 'prove it' letter (pic 5).

So, despite saying it was a regulated agreement in the POC, now it is exempt. No default notice as mentioned in POC. No copy of the terms of the agreement. Ts & Cs from the wrong bank. What do you guys think?

SB

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Good morning SB,

A very confusing set of documents some Lloyds some Halifax, to me it says we don't have the right documents so here's some crap we have dug up and we hope you will fall for it.

As far as I know there are terms and conditions sent out when an OD or an increase to an OD is approved.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi all, any advice on what to expect and what to prepare for court on Monday?