Lowell/Lloyds TSB/BW Legal

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Just on MCOL site to acknowledge claim, its asking for 'Your Unique Reference'. Sorry to sound so dim, but what do I put there?

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Not to worry, claim acknowledged didn't put a 'unique reference'. Just noticed I haven't put date or address on Part 18 Request, should I have done so, or will it be enough with the Claim No.

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Not to worry, claim acknowledged didn't put a 'unique reference'. Just noticed I haven't put date or address on Part 18 Request, should I have done so, or will it be enough with the Claim No.

Hi,

it is best to include as much info as possible, this would avoid them squirming their way round any request (if you only have the claim number, they could write back (conveniently late) stating they have been unable to identify the account).

So, I would re write the letter, including the full name and address, as well as any account number they directly reference within their letters/claim form.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi ncf355

I'll re-type that one, thank you.

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

Not to worry, claim acknowledged didn't put a 'unique reference'. Just noticed I haven't put date or address on Part 18 Request, should I have done so, or will it be enough with the Claim No.

Sorry, the Part 18 request posted is just the actual body of the letter which MUST include those items regarding the claimant, defendant, claim number, court, etc. as well as stating that it's a part 18 request, to make it valid. As with all the other letters posted (CCA request, CPR 31.14, etc.), it is assumed the letter will be headed in the standard way, i.e. with your name and address (unless using letterhead) as well as the name and address of the recipient and the date. :typing:

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

The stress these things cause has made logical thinking fly out the window and has turned my brain to mush lol. Thanks for making things clear.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Firstly I'll type up the particulars of claim

The Claimants' claim is for the sum of £1962.15 being monies due from the defendant to the Claimant under a Current Accounts agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank plc

under acct ref xxxxxxxxxxxxxx and assigned to the Claimant on 30/6/13 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.38) from the date of assignment of the agreement to the date of issue (11/02/14) being an amount of £86.26

Does this sound like an over-draft claim?

[Amethyst]

Re: Lowell/Lloyds TSB/BW Legal

The only indication is the 'under a Current Accounts agreement' part ... why?

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Firstly I'll type up the particulars of claim

The Claimants' claim is for the sum of £1962.15 being monies due from the defendant to the Claimant under a Current Accounts agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank plc

under acct ref xxxxxxxxxxxxxx and assigned to the Claimant on 30/6/13 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.38) from the date of assignment of the agreement to the date of issue (11/02/14) being an amount of £86.26

Does this sound like an over-draft claim? Did not receive NOA.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Sorry about 2nd posting, my internet is playing up.

Just wondered as its the only thing it can be.

Sent CPR31.14 and Part 18 Request by recorded delivery on 25/2/14. Had no reply to CPR31.14, is it 7 days from posting or receipt. My son tried from 6.15 till 7pm to ring BW Legal tonight but couldn't get through as lines were so busy. He'll try again in the morning. From reading other threads, am I right in thinking if they can't supply info he needs to ask for extension of time or do we wait to see if they respond to Part 18 before we ask for extension of time.

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Hi,

Look HERE

Amethyst has created a info post on the various steps for CPR 31.14, including what to do if they fail to comply

Hope that helps

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Ok, have now spoken to BW Legal who wanted me to explain to him what a CPR 31.14 and Part 18 Request was! He said it was on hold since 13/2/14 as they're waiting for documents from the claimant. Bit odd when they issued court summons on the 12/2/14. As he didn't know how long that would take I asked if they would extend the time as the time for filing our defence is getting close and what date did they have. He said 28 days from date of summons, I ponted out it was 28 + 5. He said I could fill in defence form in response pack to say the 'case was on hold with BW Legal who are waiting for documents from claimant'. I asked if he could email me confirmation of what he said, but he was unable to and gave me his name phone number and extension as a reference to use.

They have until 12/3/14 to respond to Part 18, I said I would be calling back in a weeks time if I have not heard off them and would expect an extension of time.

Should I inform court of what BW Legal have said about it being on hold or should I wait till next week and see if they respond. If its 33 days from date of NCC summons that will be 17/3/14 deadline for filing defence.

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

I wouldn't trust them as far as I could throw them

I would want the extension in writing, and if they refused, apply to the court for enforcement of the 31 and 18`s via an unless order

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

Should I inform court of what BW Legal have said about it being on hold or should I wait till next week and see if they respond. If its 33 days from date of NCC summons that will be 17/3/14 deadline for filing defence.

The court progresses matters in accordance with the rules. The rules don't allow for matters to be done via letters to the court. If you want the court to do something make an application.

M1

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Hi,

I'd be inclined to contact the court with (as Mystery says) an application

See HERE for clear instructions (about half way down the page, Amethyst details the approach for an application, where the Claimant has failed to comply with a CPR 31 request)