discontinued Small claims defence v Lowell

**Amethyst** · 10th June 2019, 17:29:PM

Hi, Sorry firstly, does the order say to send your defence to the court and to lowell, or to file and serve witness statements? Just so we know exactly where you are with things and if there was a problem with your original defence which has led to an order ?

Have you already returned directions questionnaire?

If you want to do a picture of the letter from the court that might be of help ( remember to remove personal details ).

Can you post Lowells particulars of claim and your defence ( that you already filed) up as well pls.

How much is the claim for?
How much was this alleged payment for in 2014?
Have you sent a CCA request at all?
Did you respond to the letter before claim?
Who was the original loan with ?
Anything on your credit file at all?

**waldo23369** · 10th June 2019, 18:12:PM

Hi Amethyst thanks for getting back to me. The directions questionnaire was returned last year. The claim is for just over nine thousand pounds not sure how much they claim was paid in 2014 as I have not had a reply when I have asked for details of payment. The original loan was with lloyds and there is nothing on my credit file. Not sure about cca request or if I responded to letter before claim. I will do picture of court letter and particulars of claim in morning at work at now till 6 in morning paperwork is at home

**waldo23369** · 10th June 2019, 18:15:PM

On directions questionnaire I stated that I intended to defend the claim as I had no knowledge or proof of the debt and that due to dates it would be statute barred

**waldo23369** · 11th June 2019, 15:47:PM

Hi Amethyst been trying to upload photos of court letter but saying file too big. It's got notice of allocation to the small claims track(hearing) in top left corner. It says judge has considered the statements of case and directions questionnaire filed and allocated to the small claims track.
Important
Read this carefully now!
Failure to do so and to comply with the instructions will lead to your claim or defence being struck out.

Preperation for the hearing.
1. The parties must provide to the court and to other parties (your opponents) by 4pm on 25th June 2019 the following :
a) witness statements. These are written statements made by you, and anyone else you wish to give information to the court, which contain all the information you wish the court to take into consideration in deciding the case. Witness statements must:
#Be typed wherever possible
#Start with the name of the case and claim number
#State full name and address of witness
#Set out the witness's evidence clearly in numbered paragraphs on numbered pages
#End with the paragraph I believe the facts stated in this witness statement are true and be signed by witness and dated.
b) Copies of all documents you wish court to see in deciding your case.
c) If you are not intending to place any information before the court.,or have previously filed documents you will need to send a letter to the court confirming this and send a copy to other parties.
2. Warning :if you do not do as required by paragraph 1 above the court will strike out your statement of case and you will not be permitted to continue with your claim or defence of the claim
The second page goes on to state costs how case will be listed etc.

**waldo23369** · 12th June 2019, 08:27:AM

Lowell saying original loan taken out in 1998 defaulted 2000 they were assigned debt in 2015.

**Amethyst** · 12th June 2019, 09:03:AM

Okay so your next step is to put your Witness Statement together.

Couple bits - have you ever sent a CCA request to Lowell ? Was that the letter you sent when you received the claim in July 2018?
Also did you send a CPR 31.14 request ?

Did your defence literally say "I don't owe the debt & it's statute barred" or did you include in it any non compliance with the CCA/CPR requests? Do you still have a copy of the defence you filed?
Do you have the original particulars of claim too pls?
( you should be able to view them if you filed through Moneyclaim online )

Have you sent a SAR at all to Lloyds ?

I wonder if the alleged payment in 2014 was some kind of account adjustment or refund from Lloyds - eg for PPI. That would show on a SAR and will help you to combat their allegation of the payment - so if you haven't SAR'd Lloyds it would be a good idea now.

Will give you a hand with the WS once I know what your actual defence points are on top of the SB issue.

You can email docs to me if needed and you can't upload onto here - amethyst1664@hotmail.co.uk ( my lb account email isn't working at the minute so that's my personal email )

**waldo23369** · 12th June 2019, 10:21:AM

Hi Amethyst
Not sure if I have sent cca request definitely haven't done cpr request haven't sent sar to lloyds. Can't find anything stating original particulars of claim either. Basically I have wrote to lowell stating I had no knowledge of the debt and asking them to provide details of the debt ie. Credit agreement default etc. have had nothing back. Then sent statute barred letter again nothing back. I then sent letter stating again I have no knowledge of the debt and also that I believed due to dates they were stating this claim would be statute barred to which I got reply about alleged payment in 2014. I will forward letters I have to you via email. Thanks again for your help wish I had found you sooner.

**Amethyst** · 12th June 2019, 16:48:PM

Thanks for sending those docs...

No you haven't done a CCA request - so get one sent in to Lowell ASAP... CCA Request

I can't see your defence in the documents - did you file it online or on paper? If you can find a copy it will help.

The letters you sent are absolutely fine and you have asked for the documents needed - only the CCA request missing. Lowell have provided nothing, they have only argued against statute barred with that vague payment in 2014 comment.

Particulars of Claim
particulars.png

This is their allegation that a payment was made in 2014. Now, unless you made payments between 31 Jan 2000 and 31 Jan 2006 ( debt management plan or anything as you recall??) the account is still statute barred - as payment or acknowledgement after 6 years from the cause of action doesn't reset the clock.

2019-06-12 17_27_48-Photos.png

Get a SAR off to Lloyds today as well Subject Access Request Letter

and of course the CCA to Lowell - Note The CCA REQUEST IS VERY IMPORTANT

So once we know what the defence you filed was and you've got those letters off we can start putting your WS together, by the time you submit your WS the requisite 12 days will have passed on the CCA ( long as you send it tmw).

**waldo23369** · 12th June 2019, 19:22:PM

Hi Amethyst will send off letters tomorrow defence was filed on paper can't find a copy but sure it was just stating I had no knowledge of the debt there was nothing on my credit report I had requested but recieved no information from lowell and due to dates this claim would be statute barred. How do I pay for cca postal order?

**pt2537** · 13th June 2019, 09:56:AM

Paragraph 2 is screaming for a strike out!!!

**pt2537** · 13th June 2019, 09:58:AM

1.

The editors of Goode Consumer Credit Law and Practice at 46.48 state

Pleading facts essential to the cause of action
[46.48]
The creditor should be careful to ensure that in his particulars of claim he pleads all the facts necessary to establish the cause of action relied on. If he fails to do this, the action is liable either to be struck out before trial or to be dismissed at the trial as disclosing no cause of action. The creditor should plead that any necessary default or other notice was served and not complied with and should also plead the date and mode of termination of the agreement.

2. The Court of Appeal in Doyle confirmed a strike out was unanswerable with no default notice.

3. Taking into account Goode and Doyle, the claim is struggling.

**waldo23369** · 13th June 2019, 16:03:PM

Cca and SAR requests posted this afternoon

**Amethyst** · 15th June 2019, 08:32:AM

Brilliant well done.

In your first post waldo23369 you said

Hi I am being taken to small claims court by lowell for an alleged loan dating back to 1998 which they claim defaulted in 2000.

I can't see in the docs you sent me them claiming that it defaulted in 2000 - do you recall where that came from? their letter before claim maybe?

in one of their replies they state payment was made in Sept 2014 'after service of the default notice' … ( 14 years after service of the default notice?? lol) yet they still haven't pleaded the default, or given the date of default, said how much the arrears were at the time of default or how much the payment was/how it was made. It should show up in the SAR so we can plead the contrary if it comes back in time but if it had defaulted in 2014 it should show on your credit file somewhere.

Have you made any PPI reclaims at all ? I wonder if the 2014 alleged payment was a refund of PPI ( obvs we don't know at the moment if the debt included PPI as we have no agreement etc ).

Anyway if it were, and no payments were made from default in 2000 until 2014... it would still be statute barred because a payment after 6 years doesn't 'undo' statute barring.

2000 makes more sense - don't know how much the original loan was, but 2 years to default seems more likely than 16 until default to still have an £8k balance. I don't think Lloyds even do unsecured loans over more than 10 years.

Re PT2537's comments - An application to strike is unlikely to be an option as the defence has already been filed we can bring this up in the WS. Although a formal request for the credit agreement under the CCA wasn't made until yesterday, the defendant has written 3/4 times requesting documents ( since Sept 18) and stating clearly the debt is statute barred and asking for evidence of the alleged payment made and received nothing in response.

**waldo23369** · 15th June 2019, 09:00:AM

Hi Amethyst no I have never claimed ppi

discontinued Small claims defence v Lowell