Lowell/Carter, claimform Lloyds current account OD 'debt'

[redeye]

Hello,

 

this morning received a Claim Form from Bryan Carter.

 

Claimant: Lowell Portfolio Limited

Date of issue – 15/5/2015

What is the claim for –

 

The Claimants claim is for the sum of 2253,

being monies due from the Defendant to the Claimant under an Agreement regulated by the Consumer Credit Act 1974

between the Defendant and Lloyds under account reference xxxxxxx

and assigned to the Claimant on 30/6/2014, notice of which has been given to the Defendant.

The Defendant failed to maintain contractual repayment under the terms of the agreement

and a Default Notice has been served which has not been complied with.

 

And the Claimant claims £2253

 

The Claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum

from the date of assignment of the Agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 157.

 

What is the value of the claim? £2595

The claim is for a current account/overdraft

 

I entered into the original agreement in 1989.

It is the Debt purchaser who has issued the claim.

 

I did not receive a Notice of Assignment.

 

Did you receive a Default Notice from the original creditor? Not sure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No.

Why did you cease payments? Had to stop work to care for my wife who was seriously ill.

What was the date of your last payment? May 2011

There was no dispute with the original creditor.

 

Did you communicate any financial problems to the original creditor?

Yes I explained my situation to Lloyds (where I had banked for over 20 years) and they said they would not pursue.

I have printed off a CPR31.14 request to both Lowell and Bryan Carter.

I used the template for current accounts.

I haven’t posted these yet.

I haven’t Acknowledged Service yet either.

Will wait for advice on here before I proceed further.

 

 

My wife became very ill in 2011 and I had to stop work to care for her.

I ended up in a lot of debt and the defaults on my credit file amount to about £18k.

None are from the original creditors.

 

My wife had lifesaving surgery last year and is now finally on the mend.

I’m hoping to get back to work soon (been living on carer’s allowance and her DLA) but

 

I’m worried that all the creditors are now going to jump out of the woodwork

and we will be going back to work with huge debts hanging over us.

 

We are both pushing 60 and don’t want our pensions (in 7 years time) to be eaten up by these debts.

Thanks in advance to anyone who can help.

 

Thanks x

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?424574-Lloyds-Lowell-Bryan-Carter-current-Account-Court-Claim***Claim-Discontinued***

[redeye]

Thanks for the quick reply.

 

 

That thread is very helpful, except I don't think mine is statute barred.

 

 

I'll work on my draft defence and post here when done.

 

 

Unless advised otherwise I'll send the CPR 31.14 to both Lowell and Bryan Carter on Monday.

 

 

I feel a lot more confident now,

 

 

thank you.

[dx100uk]

yep don't forget to ack [aos] the claim on mcol website

 

 

defend all

leave juris unticked.

 

 

no need for a defence till day 33

 

 

lots of threads to read here

[redeye]

Good Evening!

 

I've had the standard letter back from Bryan Carter:

 

 

"We confirm this matter will most properly be allocated to the Small Claims Track ..."

 

Also had one from Lowell saying Frederickson International are handling the proceedings and all communication should be made directly with them.

Who are they?

 

 

I've had a lot of unknown numbers calling me over the past week.

 

The Acknowledgement of Service has been done and I have until mid June to put in my Defence.

 

 

I've lost my password and username for the MOL service but they've given me an address to serve the Defence by email.

 

 

When is the best time to put it in?

 

Thanks in advance for any advice.

[dx100uk]

by 4pm day 33 whereby day one is the date on the claimform

post it up here first mind!

 

 

you should have had an email with the MCOL password?

 

 

as for freddies

just another desk at in the same room

with a bloke in a diff coloured skirt.

 

 

don't worry about it

they just do this things to unsettle a defendant

when they fear their speculative claim is about to fail.

 

 

dx

[redeye]

Thanks that puts it in perspective. May have accidentally deleted the email from MCOL unfortunately. Will definitely post my draft defence here for amendment/improvement. I see this as a precedent for others waiting in the wings.

 

I prefer David Gilmour by the way.

[redeye]

Good Evening!

Here is my draft defence. You will see the slight amendments marked **. Please let me know what you think. MCOL have given me an email address for service as I have apparently lost access to the online site (three emails and a long phone call to tell me that!). I haven't heard from Frederickson International. Please let me know what you think.

 

Particulars of Claim

 

1.The Claimants claim is for the sum of 2253, being monies due from the Defendant to the Claimant under an Agreement regulated by the consumer credit Act 1974 between the Defendant and Lloyds under account reference xxxxxxx

 

2.And assigned to the Claimant on 30/6/2014, notice of which has been given to the Defendant.

 

3.The Defendant failed to maintain contractual repayment under the terms of the agreement and a Default Notice has been served which has not been complied with.

 

And the Claimant claims £2253

 

The Claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum

from the date of assignment of the Agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 157.

 

Defence

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloyds TSB Bank.

 

2. The Defendant denies 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.

 

3. I refute the Claimants claim is owed or payable. The amount claimed consists ** almost ** entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. The Claimant is denied Section 69 interest as it ** has ** already charged interest on the facility.

 

5. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

6. The Claimant is denied from added Section 69 interest within the total claimed that has yet to be decided at the Court’s discretion.

 

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

 

The Claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

8. On receipt of this Claim I requested documentation by way of a CPR 31.14 request dated XX May 2015 namely the Agreement and Termination Demand Notice referred to in the Claimant’s Particulars of Claim. The Claimant has failed to comply with this request.

 

9. 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.

[dx100uk]

Tuesday 16th by 4pm is the deadline.

[Andyorch]

Particulars brought forward for cross reference redeye.....

 

You will now notice that I have paragraphed and numbered .....your responses do not respond to what they are actually stating......

 

EG..... "The Defendant denies that that the alleged amount was for finance service or goods "

 

The particulars do not allege it was........also note that they are not aware its an overdraft....screams credit card...agreement ...default notice.

 

 

Regards

 

Andy

[redeye]

Right ... yes I can see that now they're both together. Back to the drawing board then. Will post a revised version tomorrow. It's definitely a current account, I recognise the original account number.

 

Thanks for your help ( probably wouldn't have got far with my draft defence then! )

[Andyorch]

Thats why its important not only to attach the particulars when drafting a response but to always show the particulars alongside your final draft for cross checking.

[redeye]

Good evening!

 

Here is my second attempt at a defence. Hopefully this one actually addresses the issues. Thanks for all the help so far.

 

Particulars of Claim

 

1.The Claimants claim is for the sum of 2253, being monies due from the Defendant to the Claimant under an Agreement regulated by the consumer credit Act 1974 between the Defendant and Lloyds under account reference xxxxxxx

 

2.And assigned to the Claimant on 30/6/2014, notice of which has been given to the Defendant.

 

3.The Defendant failed to maintain contractual repayment under the terms of the agreement and a Default Notice has been served which has not been complied with.

 

And the Claimant claims £2253

 

The Claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum

from the date of assignment of the Agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 157.

 

Defence

 

1) Paragraph 1 - It is accepted that I have had financial dealings with Lloyds.

 

2) Paragraph 2 is not admitted. I am not aware nor have I ever been informed of any legal assignment of this account number to the Claimant.

 

3) Paragraph 3 is not admitted with regards to the Defendant defaulting on

payments and the Claimant is put to strict proof to evidence this breach.

 

4) Paragraph 4 is denied with regards to the Defendant owing monies to the Claimant. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The Claimant is put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Show the APR and interest used to calculate the amount claimed for and provide a breakdown of excessive charging/fees levied to the account with justification for same.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

On receipt of this Claim I requested documentation by way of a CPR 31.14 request dated 18th May 2015 including but not limited to the Agreement referred to in the Claimant’s Particulars of Claim. The request was sent to both the Claimant and the Claimant’s solicitor. The Claimant has failed to comply with this request.

 

It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment or Agreement its claim relies upon.

 

5) Paragraph 5 is denied. The Claimant is denied from adding Section 69 interest within the total claimed as this has yet to be decided at the Court’s discretion.

 

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.

[Andyorch]

Your point 1 needs beefing up....its a bit of a flimsy response and not directly refuting the claimants point 1 which could be construed as an admittance.

 

There is no paragraph 4 of the claimants particulars.

 

Regards

 

Andy

[redeye]

Thank you Andy. Here is my third (and I hope final) draft Defence. I've made a small donation by Paypal, will be able to make another at the end of the month. Thank you so much for your advice.

 

1) Paragraph 1 - It is noted with regards to the Defendant having had use in the past of a facility to overdraw with the original creditor Lloyds TSB Bank.Any alleged amount of which I am not aware of would be as a result of unfair and extortionate bank charges/penalties being applied to the account for alleged late, rejected or over limit payments.

 

2) Paragraph 2 is not admitted. I am not aware nor have I ever been informed of any legal assignment of this account number to the Claimant.

 

3) Paragraph 3 is not admitted with regards to the Defendant defaulting on

payments and the Claimant is put to strict proof to evidence this breach.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The Claimant is put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Show the APR and interest used to calculate the amount claimed for and provide a breakdown of excessive charging/fees levied to the account with justification for same.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

On receipt of this Claim I requested documentation by way of a CPR 31.14 request dated 18th May 2015 including but not limited to the Agreement referred to in the Claimant’s Particulars of Claim. The request was sent to both the Claimant and the Claimant’s solicitor. The Claimant has failed to comply with this request.

 

It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment or Agreement its claim relies upon.

 

The Claimant is denied from adding Section 69 interest within the total claimed as this has yet to be decided at the Court’s discretion.

 

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.

Edited June 12, 2015 by Andyorch
amended.

[Andyorch]

Check it now redeye...should be good to go

 

Andy

[redeye]

Thanks very much Andy and DX, served it today by email. Will report any developments on here.

[redeye]

Evening all!

 

I've received a letter from Bryan Carter confirming their client's intention to proceed

and asking me to contact their helpful team to discuss coming to an arrangement by consent.

 

 

In the same post I received Notice of Proposed Allocation to the Small Claims Track.

 

 

I now need to fill out the Directions Questionnaire.

 

 

I assume I have to agree to Mediation?

 

 

I've been looking at similar threads on here and the general advice for mediation seems to be to repeat my defence

(which is a point by point answer to their Particulars of Claim)

and wait and see what actual evidence they have of ownership of the alleged debt

. Is that right?

[Andyorch]

Along with a few other posters today Redeye....yes to small claims track and yes to mediation...the rest is self explanatory.......submit to the court by the date stated and a copy to the claimants solicitor.

 

Then you wait for the Notice of Allocation from the court which will explain how mediation works and if that fails there will be directions on how the claim will proceed..(directions and dates of what you have to do next)

 

Regards

 

Andy

[dx100uk]

how did this go?

 

 

dx

[redeye]

Good afternoon DX & Andy,

 

Just wanted to update.

 

 

The mediation was done on the phone and I then got a Notice of Transfer of Proceedings.

That was dated 17th August 2015.

 

 

It was listed for allocation in my local County Court but I haven't heard anything since then.

 

 

I'm reluctant to phone the Court but surely I should have heard something since then?

 

As usual, thanks very much for your help.

[Ford]

what happened re mediation?

[redeye]

They phoned and asked if I wanted to make an arrangement, I said no, for all the reasons stated in my defence. They said OK it would be sent to the County Court Hearing Centre and Judge's Directions would be sent to me in due course. It was all very friendly.

 

I did have a letter from Bryan Carter in July saying they were prepared to settle out of court but I didn't reply.

[Ford]

They phoned and asked if I wanted to make an arrangement, I said no, for all the reasons stated in my defence. They said OK it would be sent to the County Court Hearing Centre and Judge's Directions would be sent to me in due course. It was all very friendly.

ok. yeah, maybe shld've heard something by now.

maybe best give the court a quick check status call. maybe it has discontinued?

[redeye]

Yes, will check with them on Monday and update.