Lowell / Carter court action letter - old lloyds mastercard debt

[Anna_j]

Hi,

I have just got a letter from Bryan Carter solicitors / Lowell financial stating they have issued proceedings on what i think is an old lloyds mastercard debt - not 100% sure because they only quote the account number and it looks like a mastercard number.

 

I have no paperwork on this debt and believe it dates back to 2008 - maybe earlier.

The principle balance quoted is £1762.73 . - which is higher than any credit limit i had - and then they say court fees of £80 and solicitors costs of £75 will be added.

 

Could you please advise me on what i should do now - i don't believe I owe all this money.

 

Many Thanks

Anna

[Andyorch]

Hi Anna

 

 

I would wait until any claim is received...this will give you details of the debt and the original creditor.Once you have the particulars of claim post up and you will be advised of your options and process.

 

Regards

 

Andy

[Anna_j]

OK thank you - so dont call them now to dispute anything - just wait.

 

Thanks

Anna

[Andyorch]

Well what else is the letter stating...does he invite you to contact them or is it asking for payment or just simply informing you they have issued proceedings......

Is this your first contact with BC ?

 

If so then he cant even get a Letter Before Action correct.

 

Andy

[Anna_j]

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Hi & thanks for your speedy replies.

 

Yes this was the first time I received a letter from Bryan Carter Solicitors - and have attached a copy of the letter ( minus personal info )

 

I have now received the court claim form and I am attaching a copy of this so you can see exactly what it says ( minus personal info )

There is no supporting documentation like original agreement or copy of statements or a copy of the letter of assignment.

Like I said - this amount is more than what I owed and I think that it may well be Stat Barred - would they know this ?

Surely they should submit proof that I even owe this money and statements to show final balance etc.

 

I would Really appreciate your help in how i should reply to this.

 

Many Thanks

Anna

 

[ATTACH=CONFIG]49199[/ATTACH][ATTACH=CONFIG]49200[/ATTACH]

[Andyorch]

Thanks Anna

 

Okay so Carters letter dated same date as the summons therefore no pre action protocol followed.Since Lowell bought the debt of 26th June 13 have they contacted you...requested payment...sent any statements?

 

Regards

 

Andy

[Anna_j]

Hi,

Yes I did have a couple of letters demanding payment - but never any statements or other paperwork - I presume one of the initial letters was informing me that they purchased the debt, but I cant remember for sure.

 

Thanks

Anna

[Andyorch]

Okay so you need to question the claim and request proof if you are unsure of the debt.From their particulars they simply refer to a Lloyds account....have you had dealing with Lloyds....current account or credit card?

 

Once we can determine what it is then you can request information pertaining the claim by using a section 77/78 request (loan or credit card) and a CPR 31.14 request....both templates are available in the Library.

 

But see if you can narrow it down first as to what the claim is...if its a current account overdraft there is a specific CPR 31.14 you must use and a section 77/78 request is not applicable.

 

Regards

 

Andy

[Anna_j]

Hi Andy,

 

I believe it is a LLoyds mastercard - this is what the account number looks like.

 

Thanks

Anna

[Andyorch]

Ok well send this today to Lowell not Carter :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Head it " I do not acknowledge any debt with your Company "

 

And this also to Lowell separately...you will have to amed it to suit as you can only request what they refer to in their particulars:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

[Anna_j]

OK - i'll get those done today.

 

What do I put on the court defence forms when i send that back with the acknowledgement of service ?

 

Thanks Again

Anna

[Andyorch]

You can complete them on line using MCOL once you have registered to use their sevice...you will be provided with a user name...your password is already on the claim form

 

Firstly you must acknowledge the claim (you have 5 +14 days from the date on the claim to do this) If its your intention to defend all then state that...if its your intention to admit or part admit then state that...if you are not intending to defend all then dont bother with the above letters...but you will automatically get a CCJ.

 

Andy

[Anna_j]

OK - I am defending all of it - but at this stage what reasons for defence do I put and do i put that I have made a formal request for documentation relating to this debt.

 

Also on the CPR31.14 one of the documents listed is a termonation notice - would that relate to me or not, obviously the agreement, default notice, letter of assignment and statements do relate to me - just unsure what a termination notice is.

 

Thanks

Anna

[Andyorch]

You dont submit your defence yet that is why you are gathering information...your defence is submitted 33 days after the date on the claim form.

 

In most cases the Default Notice acts as a Termination so delete that.

[Anna_j]

OK - thank you for your help Andy - and do i leave in the request for the termination notice or is this not applicable to me.

[Andyorch]

See above

[Anna_j]

And one last thing - do i head the CCA Notice or CPR 31.14 Request with " I do not acknowledge any debt with your company " - or both

[Anna_j]

what do you mean see above - I dont know what a notice of termination is so i dont know if it is applicable to me - that is what I am asking - does it relate to when my account is assigned or what ?

sorry if apear to be stupid about this - but I just want to get it right.

Thanks

[citizenB]

Anna, your timeline is as follows :-

 

Issue date 07.02.2014 + 5 days for service = 12.02.2014 + 14 days to acknowledge = 26.02.2014 (you can acknowledge online and if you are going to defend you must tick the box to obtain the extra 14 days ) which will take you to 12.03.2014.

 

In post # 10 andyorch has linked you to the CPR31.14 request - this allows you to request a copy of any document mentioned in the claim form. From what I can see - there is not mention of the termination notice so you cannot request a copy of it and must edit / amend that part of the CPR request you were linked to.

 

In fact it looks to me as though you can only request the following.

 

Agreement ( which you have already requested via CCA request anyway)

Notice of Assignment

Statement of account showing how the amount being claimed has accrued.

 

You cannot ask for a copy of the Default Notice or Termination Notice as they are not mentioned in the claim form.

 

You do not head up the CPR request with the statement that no debt is acknowledged.

 

HTH

[Anna_j]

Thank you both for your kind help.

[Anna_j]

Hi,

I sent the letters off recorded delivery and they were recieved on the 15th Feb by Lowell.

I have had no reply and it has now been over 2 weeks.

How do i now proceed with my defence.

 

Many Thanks

[Anna_j]

Hi,

I have looked at other Lowell threads and it looks like this defense can be used for my case - could you confirm that I should go ahead with the following defense that i have ripped from another thread.

 

Many Thanks

 

1. It is admitted that I have had financial dealings with Lloyds bank in the past but have no information to confirm any account details, I am not aware nor have I been approached by the original creditor of any outstanding monies.

 

2. The defendant has absolutely no knowledge of any debt residue. On the 13 February 2014 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 77/78 request. The claimant has declined to respond and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement.

 

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

4. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

9. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim, without further clarification/disclosure.

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true.

[Anna_j]

Any help from anyone would be appreciated - would my intended defence be ok to submit.

 

Thank You

 

Hi,

I have looked at other Lowell threads and it looks like this defense can be used for my case - could you confirm that I should go ahead with the following defense that i have ripped from another thread.

 

Many Thanks

 

1. It is admitted that I have had financial dealings with Lloyds bank in the past but have no information to confirm any account details, I am not aware nor have I been approached by the original creditor of any outstanding monies.

 

2. The defendant has absolutely no knowledge of any debt residue. On the 13 February 2014 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 77/78 request. The claimant has declined to respond and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement.

 

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

4. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

9. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim, without further clarification/disclosure.

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true.

[Andyorch]

If you could type out the particulars of claim ( verbatim ) less any identifiable data in order to compare the above defence along side the particulars.

 

Regards

 

Andy

[Anna_j]

Hi Andy,

 

In post #5 i uploaded a copy of the claim form

 

Many Thanks

Anna

 

If you could type out the particulars of claim ( verbatim ) less any identifiable data in order to compare the above defence along side the particulars.

 

Regards

 

Andy