Lowell claimform - old Lloyds Credit Card debt***Claim Discontinued***

[AndyOrch]

Thanks so much for that Andy. I actually sent Lowell's a CCA request for this debt a year ago when they first contacted me. To date they have not responded. I still have a copy of the letter and the proof of postage. Should I send another now?

 

No...just the CPR 31.14

[Patma]

Great done it now. Just printing it out. X

[AndyOrch]

Have a go at drafting a defence using the above example and I will check it before you submit.

[Patma]

Will do Andy, thankyou very much.

[Patma]

The CPR 31.14 was sent by recorded delivery yesterday, so assuming there is no response in the meantime here is the defence I've drafted for you to check.

 

Particulars of Claim

 

1)The defendant entered into a consumer credit Act 1974 regulated agreement with Lloyds (CreditCard) under account reference xxxxxxxxxx (The Agreement)

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The Agreement was later assigned to the Claimant on 17/06/2015 and notice given to the defendant.

 

Despite repeated requests for payment the sum of £2, xxx.xx remains due and outstanding.

 

And the Claimant claims

 

a) The said sum of £2, xxx.xx

b)interest pursuant to S.69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.469, limited to one year being £1xx.15

c) Costs

 

#######Defence#######

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds. It is denied that I have ever held an account with the number referenced by the claimant in its particulars and therefore I am unaware of what alleged debt the claimant refers to having failed to adequately particularise it’s claim correctly.

 

3.Paragraph 2 is denied. I am unaware of what account the claimant refers to having never held an account with the above reference number.

 

4.Paragraph 3 is denied. I am unaware of what account the claimant refers to having never held an account with the above reference number.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement under account number xxxxxxxxxx; 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;

 

6. On receipt of this claim I requested by way of a CPR 31.14, copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply and remain in default with regards to my CPR 31.14 request.

 

On 06.05.16 following receipt of a Letter of Claim from the claimant I made a request under S. 78 of The CCA 1974 for a true copy of the alleged credit agreement to which they referred. On 25.10.2016 the claimant responded, confirming in writing, that they were unable to provide a copy of the alleged agreement or any statements related to the alleged agreement. The claimant therefore remains in breach of my S. 78 CCA request.

 

The Defendant maintains that the Claimant is not entitled to bring proceedings by virtue of the Claimants failure to comply with section 78(1) of the Act, in accordance with section 78(6)(2) of the Act.

 

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

 

9. On the alternative, as 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

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

Edited May 9, 2017 by Andyorch
edited

[Guest]

seems ok, wait for andy

what are those local links, can take those out

[AndyOrch]

Defence edited

[Patma]

Defence edited

 

That's excellent thanks Andy. All ready to go.

[Patma]

Today a letter has come from Lowells in response to my 31.14 request.

They confirm receipt of my letter.

Then they say:

-----------------------------------------------------------------------------------------------------

"A letter was sent to you on 25th October 2016 in which you were advised that the original creditor was not able to provide us with a copy of the agreement or statement of account due to the age of the account. They were however able to provide a copy of the default notice which was forwarded to you. (Not true: A screenshot was forwarded which referred to a default notice being issued)

 

The original creditor advised us that the account was opened at the address we currently hold on file. The last 4 digits of the account number are xxxx.

 

A county court claim Form was issued on 3rd May 2017. You should read this fully and reply how you deem appropriate.

 

We note that you filed an Acknowledgment of Service in regards to the Claim. This provides a further 28 days from the service date of the claim, in this case being 8th May 2017 in which to file your response." blah blah blah..................

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

So there we are. Shall I file my defence now?

[AndyOrch]

Yes:-D

[Patma]

Defence submitted. Thanks Andy and everyone for their help and support. They've admitted in writing twice now that they don't have the paperwork. Let's see what happens next.

[martin2006]

It will cost them now to go any further with a claim which they know they cannot enforce without the agreement.

I would expect they will discontinue but dont bank on it just yet, stranger things have happened!!

[Patma]

Thanks Martin,wise words. I'll wait and see keeping everyone informed along the way.

[Patma]

Today I've received two letters from Lowells Solicitors.

 

The first one contains a covering letter and a copy of a Directions Questionnaire which they say they have lodged with the court.

The letter is dated 25th May.

 

 

In the questionnaire they have ticked yes for mediation.

They say I will shortly receive a Directions Questionnaire from the court.

 

The second letter says the following:

 

"We acknowledge receipt of your defence.

Having reviewed the contents of the defence,

we are writing to inform you that the claim relates to a Lloyds account which was opened on x x 2004. This account was subsequently defaulted on or around Nov 2011.

 

Please note that the Agreement was subject to a legal assignment of the debt dated on or around x June 2015 pursuant to S.136 of The Law of Property Act.

A Notice of Assignment was served to your current address on this date which confirmed that our client Lowell Portfolio 1LTD are the legal owners of the account.

Please find enclosed a copy of the Notice of Assignment.

 

Please find enclosed the screen print provided by Lloyds confirming when you were served with the Default Notice and copy of the Notice of Assignment.

 

Our client is keen to resolve the matter and will consider any payment or settlement proposal you wish to make.

 

 

In the event that a settlement cannot be reached,

it is likely that we will be instructed to continue with this claim as a defended matter through the county court.

 

We look forward to hearing from you.

Yours Sincerely,

Lowell Solicitors Limited."

[dx100uk]

could all be willy waving

 

await and see if you do get your N180.from the court

[Patma]

Not sure whether the above is a good sign or not. What do you experts reckon?

 

Thanks dx. I'll nip over to moneyclaim and see whether their questionnaire is showing up as received.

[dx100uk]

I doubt it

.

[Patma]

There's nothing showing so far. The last thing listed is my defence.

[AndyOrch]

It will only show as allocated once both parties have submitted the DQ.

[Patma]

The date by which my defence had to be in is June 3rd so we're not there yet.

 

In the letter I quoted above they give the date November 2011 for the default of this alleged debt

but looking at the screenshot they sent it says Default Notice Date 1st July 2011.

The date of last payment is given as 31.5.2011

[AndyOrch]

The date by which my defence had to be in is June 3rd so we're not there yet.

 

Defence

[dx100uk]

looking here post 15

the DN was issued 10/11/2010 so someone lying...

[dx100uk]

can you scan up what they've sent tp one multipage PDF please

follow the upload

[Patma]

Defence

 

It worries me when you're confused Andyorch. Is there something wrong about my defence?

 

Ok dx I'll get the stuff uploaded.

 

 

It might take me a little wh;le to do it but I'm on the case.

 

 

As far as the mysterious default Notice

bear in mind I had two cards,

neither of which were originally Lloyds.

 

 

Both the creditcards did have proper, recognisable card numbers though and not the strange number quoted in the claim,

so I have no way of actually knowing the vailidity or otherwise of this claim.

[dx100uk]

I think andy was meaning that you've filed your defence so 3rd is now immaterial

they have 28 days from defence filing date to do 'something'

 

now they possibly 'have'

but it could also be willy waving

as theres no need to send evidence yet at all its not even gone thru mediation.

 

what they have sent is actually a discount letter if you read it properly.

 

the weakness I see here

is whatever they've sent with regard to paperwork

they MUST prove its linked to the number in their poc, by EXTERNAL paperwork.

I bet they cant.