Lloyds/Lowell/Bryan Carter - current Account Court Claim***Claim Discontinued***

[im4347]

Hi

I've just received a letter back from Bryan Carter regarding my Defence and CPR 31.14 request;

 

"We confirm the claim form was issued by the Northampton County Court bulk centre and that the court's protocol was followed when issuing the particulars of claim. Practice direction 7C point 1.4(3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

 

This matter will most probably be allocated to small claims track as this is a simple contractual matter and part 31 of the CPR will therefore not apply.

 

It's the original creditors policy to issue agreements at the date of the contract and statements throughout the duration of the agreement, and in this regard we ask you to refer to your own records.

 

Our client is not agreeable to an extension for filing the defence.

 

As you are aware the claim was issued in this matter on 14th of April 2014, we confirm we received your acknowledgement of service and defence and await further directions from Court."

 

Any advice would be highly appreciated.

 

Regards,

IM

[dx100uk]

std crap from carter

 

changes nothing

[AndyOrch]

Cpr 31.14 does apply as the claim as yet to be allocated to SCT......discount letter next and then possibly a Consent or discontinuance.

 

Regards

 

Andy

[im4347]

Thanks DX and Andy for replying, my thoughts exactly, CPR 31.14 does currently apply as its not allocated to any track at the moment, should I sit back and wait now or do I need to contact the Court/Carter regarding this letter......

 

Many thanks,

IM

Edited May 21, 2014 by im4347
Question

[AndyOrch]

No you never chase a CPR or CCA request...use their none response to your advantage within your defence.

 

Regards

 

Andy

[im4347]

Thanks Andy, appreciate it.

 

Regards,

IM

[im4347]

Hi all/Andy

 

Heard back from Carter over the last couple of days, yes you was right Andy,

 

I first received a letter stating their Claimant (Lowell) wishes to continue the claim at this time with a copy letter to the court.

 

The letter to me also mentions that

"the Claimant agrees in principle to mediation and would like to hear from us in relation to without prejudice negotiations",

but this is not stated in the Court letter......

 

The next day I received a WITHOUT PREJUDICE LETTER including a Consent Order,

as an attempt to settle the matter before a hearing and to avoid further costs

and is willing to accept the FULL balance by monthly instalments,

to sign the Consent Order and return within 7 days.

 

Or if you want to just settle the debt, call in and pay it,

followed by a threat that if they don't hear from me,

they will apply to court to strike out my defence at the hearing which,

if successful may result in further costs.

 

The bizarre thing is that the dates on the letters are incorrect,

the first is dated 28th May and the second 27th May.....

 

Any thoughts.....

 

Regards,

IM

[dx100uk]

usual crap again.

 

obv cant prove the claim as we thought earlier

 

dx

[Guest]

they want the full balance prior. a con order can be negotiable. if you want to try settle prior, how about offering say 1/5 of the bal in settlement via the CO via instalments

[im4347]

Hi

 

I received the allocation questionnaire from Northampton court the other day, and today I received a letter and directions questionnaire from Bryan Carter saying that the claimant is prepared to settle this matter out of court and that they look forward to negotiations.

 

I need to complete my questionnaire by next week.

 

Any advise would be appreciated.

 

Many Thanks

IM

[dx100uk]

have a read here of threads

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

dx

[AndyOrch]

Hi

 

I received the allocation questionnaire from Northampton court the other day, and today I received a letter and directions questionnaire from Bryan Carter saying that the claimant is prepared to settle this matter out of court and that they look forward to negotiations.

 

I need to complete my questionnaire by next week.

 

Any advise would be appreciated.

 

Many Thanks

IM

 

Do you want to negotiate ? The DQ is simple yes to mediation the rest is self explanatory...witness is 1 yourself.

 

Andy

[im4347]

Hi Dx & Andy

Thanks for replying, no Andy, we don't want to negotiate to be honest, will fill in the DQ accordingly, and thanks Dx for the link, checking it out now.

 

Thanks

IM

[im4347]

Hi Andy & Dx

Just a quick question, we don't really want to negotiate as they haven't provided no info requested etc, plus its Statute Barred, but should we still tick yes to mediation on the form N180 anyway?......

[Guest]

im

if, as you say, the notice for full payment of the o/d was nov 07, and no payments since, then cld well be barred?

did you mention statute bar in yr defence? that wld've been yr main defence if barred.

[im4347]

Hi Ford

 

I did mention statute barred in my defence.

 

IM

[Guest]

Hi Ford

 

I did mention statute barred in my defence.

 

IM

 

hi

ok, just checking as there wasnt yr draft on thread.

[im4347]

No probs Ford. I've completed the form and emailed it over to Northampton, will post BC's in the morning.

 

Thanks all.

IM

[Guest]

did you tick yes to mediation?

[im4347]

Hi

 

I have received a court date for a hearing in January.

 

 

The claimant was told to pay a hearing fee by a specific date otherwise the hearing would be removed from the list,

which they did not meet when i checked with the court.

 

 

I rang the court today and was told that the court gave the claimant a 'second chance' to pay, which they have now have done so.

 

We have 14 days before the hearing date to file any documents that we intend to rely on at the hearing,

i take it that this is referring to a Witness Statement.

 

 

... I would appreciate it if anyone can help me with my witness statement as i haven't got long with the Christmas break coming up too.

 

Many thanks,

 

IM

[AndyOrch]

Guidance in the following thread im4 with regards to disclosure and witness statement.....although the claim was struck out soon after submission.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?427678-Lowells-Carter-Lloyds-TSB-Current-Account-Court-Claim***Claim-Discontinued***/page4

 

Here is a witness statement for a current account I recently drafted for another poster

 

[/ATTACH]

 

Regards

 

Andy

[im4347]

Hi Andy

 

Thanks for getting back to me. I have prepared my WS, please see below. Regarding the disclosure, should i attach the claimants reply to my CPR 31.14 request regarding point 4 in my WS? Also, do I need point 6?

 

 

IN THE COUNTY COURT AT CLAIM NO: XXXX

 

BETWEEN:

 

 

 

LOWELL PORTFOLIO I LTD Claimant

-and-

IM Defendant

 

 

 

WITNESS STATEMANT OF IM

 

I, IM the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1. I have held a current account with Lloyds TSB in the past. The account was opened on or around XXX XXX and used to facilitate the payment of my income and expenditure.

 

2. I believe this debt is statue barred as the last deposit was made on XXX XX and there has been no activity since that date.

 

3. Notwithstanding the above, on receipt of this claim I requested documentation by way of a CPR 31.14 request dated 15th May 2014, namely the Facility Agreement pursuant to section 61B of The consumer credit Act and Termination Demand Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 referred to in the claimants Particulars of Claim.

 

4. The Claimant has declined to respond with this request and failed to evidence any documents on which its claim is based upon.

 

5. The Alleged debt is entirely made up of ‘Unplanned overdraft Charges’, ‘Returned direct debit Default Charges’, no money was physically borrowed or any Direct Debit etc was processed.

 

6. Lloyds "upgraded" my free current account into the "select" account without my knowledge or request. This implied a monthly charge of £5 rising to £7 after 3 months.

 

7. I deny that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. I will rely and contend on regulation 5(1) of The Unfair Terms in Consumer Contract Regulations 1999 on this point.

 

 

I believe that the facts stated in this Witness Statement are true.

 

 

Signed: IM

 

Dated on the day xx 2014

 

 

Many thanks

IM

[AndyOrch]

Yes attach any evidence referred to as an exhibit...yes retain point 6 but perhaps rephrase it to " upgraded without your request or knowledge for this service that I did not require or want or agree to "

 

Andy

[im4347]

Thanks Andy, appreciate it. Will amend it accordingly and get it in the post in the morning.

 

Regards,

IM

[oleg]

Suggested refinements in case you not yet sent:

 

2. Statute not statue.

 

4. Respond "to", not "with".

 

4. Delete "on".

 

5. Amend end to "nor any direct debit processed".

 

6. Incurred not implied.

 

7. Delete "and contend".

 

I would also quite honestly scrap the opening sentence. It adds nothing - the statement of truth being in the closing sentence too -

and the English is not a dialect the judge may recognise.

 

Several other linguistic niggles, but none life threatening. Besides, Carter's fetish for scarpering at the sight of a defence is not determined mainly by language.