Lowell claimform - old Lloyds overdraft debt***Claim Struck Out ***

[notodebt]

Must be a very old defence...not the latest overdraft defence we use.....

 

Their particulars are appalling...is that verbatim...you have not redacted any word ?

 

Yes I thought that with their particulars really vague !

[dx100uk]

def due/by 4pm next Friday.

[notodebt]

def due/by 4pm next Friday.

 

Thanks will look at submitting next week probably Tues , give Lowell solicitors the impression I have no defence ..

[notodebt]

Ok defence submitted today - still no CPR documentation. Will keep this thread updated but many thanks for the advice so far - Donation sent via Paypal !

[Andyorch]

Ok defence submitted today - still no CPR documentation. Will keep this thread updated but many thanks for the advice so far - Donation sent via Paypal !

 

[notodebt]

What is the procedure now this is the last day of defence being the 9th ? Do Lowell have to now respond to my defence? Am I likely to be offered mediation first before any court date?

[Andyorch]

What is the procedure now this is the last day of defence being the 9th ? Do Lowell have to now respond to my defence? Am I likely to be offered mediation first before any court date?

 

Time to read other threads..all the answers to the procedures already advised...saves repeating ourselves.

 

Andy

[notodebt]

So just a quick update , letter dated 7th Mar from HM courts acknowledging defence and a copy sent to Lowells.

 

Up to Lowells if they wish to proceed and have 28 days in which to do so.

 

Claimant may wish to contact me direct to resolve any dispute (when they provide the documentation then I may well be in a position to resolve again up to Lowell ) if it cannot be resolved informally claimant will inform the court they wish to proceed..etc etc..

[dx100uk]

yep std court letter get reading up

[notodebt]

Certainly will...thanks

[notodebt]

So...still awaiting CPR request from Lowell solicitors, no letter from court yet !

 

Interestingly Lowells sent me details on 2 other debts with them as part of a SAR and scrolling through I notice in their own notes they have put " client has submitted CCA request using CAG template " but I guess you guys already know this site is being watched by DCA's...

[shamrocker]

" client has submitted CCA request using CAG template "

 

They know they'll need to do some work then.

[notodebt]

They know they'll need to do some work then.

 

Reckon so ! Otherwise I would have had my request resolved by now ...

[notodebt]

While I am awaiting the outcome, I have been going through previous threads to brush up for any court action.

 

One thing I was checking through my paperwork for the terms and conditions for Halifax accounts it clearly states if we decide to close your account we will notify you in writing in at least two months before also if after reviewing your financial transactions we decide to move your account to a more suitable one we notify you in writing two months before.

 

Now I know I did not get any of this in writing and going through the statements it is clear that the account was moved from a basic to a fee payable one @ £5 per month and then subsequently closed.

 

Under the CPR 31.14 request should it include these documents or is it only default sums owed ,NOA etc..

 

I ask because surely if they are not covered under CPR31 I can use this for any potential court appearance to add to my statement against the claimant...is this correct ?

[dx100uk]

can be related to at witness statement stage

[notodebt]

can be related to at witness statement stage

 

Excellent ! Thanks DX....I have already got a copy with highlighted section ready to go

[notodebt]

Got a letter from Lowells dated 21/3 with the DQ attached . They have selected small claims track and mediation although with no CPR request complied with don't see how I can. Apparently I should be receiving one from the court as to what I propose...watch this space

[dx100uk]

Read like threads

 

Mediation..yes you do

[notodebt]

Still cant understand their mentality when it is clearly stated in my defence that they have not complied with CPR request but hey if they want to continue let them !

[dx100uk]

With the number of threads you've read..

Surely you should realise its who blinks first by now???

[notodebt]

Im going blind with all the reading of threads ... in relation to this thread how long should I be waiting for a letter from the court on allocation etc ?

[Andyorch]

Varies by each court...2/3 weeks.

 

Going back to your previous post you seem to fail to understand...a CPR request is simply made as part of the holding defence to put the claimant to proof and on notice they will need to get all their ducks in line if they wish to proceed.Its a Civil request ..hence the name Civil Procedure rules (CPR)...a claimant is not compelled to respond at this stage or disclose any documents and has no bearing on whether they wish to proceed to allocation or not.

 

Disclosure of documents from the claimant comes after allocation and before the hearing date...although there will be very little to disclose in this claim being an overdraft apart from statements...so Im not sure exactly why you seem to think their disclosure effects your option to participate in mediation.

 

You have stated in your opening post that you are fully aware of the debt and why the dispute happened...mediate on the facts not the lack of disclosure.

 

 

Andy

[notodebt]

Ok got that but should there not be documentation apart from statements such as default notice,default sums,charges applied to account,switching account to a fee paying one or even closing it ?

 

Halifax/Lloyds have sent me none of these.

 

So how can I mediate when I have none of the relevant documentation?

Edited March 27, 2018 by dx100uk
quote

[dx100uk]

well you wont

as one of the questions is do you have all the required information.....

[dx100uk]

oh and its nowt to do what Halifax/Lloyds have or have not sent you they are nowt to do with the claim its for lowells to supply them else no dice!!