Bryan Carter for Lowell Portfolio - need urgent help please

nlcpl

Hi,

I'm looking for a bit of advice please.

I have received a letter from the Court, with Claimant being Bryan Carter Solicitors in behalf of Lowell Portfolio. The particular of the claim says:

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ISSUE DATE: 11 JUN 2014

THIS CLAIM IS FOR 202.91 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS

THIS DEBT WAS ASSIGNED TO / PURCHASED BY Lowell Portfolio
ON 03/07/2013 and NOTICE SERVED
PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS
RE: Lloyds
A/C NO:

AND THE CLAIMANT CLAIMS 202.91

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT
TO S69 COUNTY COURT ACT 1984 FROM 03/07/2013
TO DATE AT 8% PER ANNUM AMOUNTING TO 15.17

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I have acknowledge the service online via moneyclaim.gov.uk and
in reply I have sent the CPR 31.14 Request

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On 24/06/2014 I received the Claim Form in this case issued by you out of the Northampton county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

1: The agreement confirmation and Terms and Conditions from that date pursuant to section 61B of The Credit Consumer Act 1974.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

4. Notice of Assignment

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence as required under CPR15.5.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

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Today I am in receipt of this reply from Bryan Carter:

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We write further to your letter dated 2 June 2014 requesting disclosure under Part 31 of the Civil Procedure Rules.

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 Claimant's 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.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

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

We confirm we are not agreeable to an extension for filing your defence. We confirm we are in receipt of your acknowledgement of service.

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Can anyone please advice what to do next, I haven't got any legal knowledge whatsoever

I'd probably need help drafting a defence to be submitted to the Court ASAP. I don't remember owning Lloyds TSB any money when I've closed the account and moved to a different bank. Must be some sort of penalties/charges applied to current account. Also don't remember having any overdraft facility for that current account.

Thanks a lot!

rizla_king

Ask on http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Loads of info on Bryan Carter and Lowells there.

redcard

Did you close the account or just stop using it?

nlcpl

redcard wrote: »

Did you close the account or just stop using it?

Closed the account in person at Lloyds branch as I switched to a different bank in 2007.

nlcpl

Am I right to believe that I have until 13th of July to submit defence?

sourcrates

Lowell must be getting desperate taking you to court for £200 !!

nlcpl

sourcrates wrote: »

Lowell must be getting desperate taking you to court for £200 !!

Yes, I know :rotfl:

I was going to go down this route with the defence, what do you guys think please?

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1. It is admitted with regards to the Defendant having use to bank with the original creditor Lloyds TSB Bank, but closed his account in 2007 when the Defendant moved to a different 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 totally 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. 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.

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

6. As per Civil Procedureicon 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.
(c) 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.

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 02 July 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

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.

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chanz4

op I would actually ensure what you are quoting applys to bank accounts first, as what your doing is making you look stupid to them.

fatbelly

nlcpl wrote: »

Am I right to believe that I have until 13th of July to submit defence?

Yes. Submit it this week.

fatbelly

nlcpl wrote: »

Yes, I know :rotfl:

I was going to go down this route with the defence, what do you guys think please?

So you're saying that Lowell don't have the right to claim. But even if they did, this consists of extortionate /illegal charges. And they cannot charge interest.

Look, you closed the account in 2007. Did you acknowledge this debt by payment or in writing between then and 2013?

You might be better just going for a statute barred defence. When was the account called in by Lloyds?

nlcpl

fatbelly wrote: »

So you're saying that Lowell don't have the right to claim. But even if they did, this consists of extortionate /illegal charges. And they cannot charge interest.

Look, you closed the account in 2007. Did you acknowledge this debt by payment or in writing between then and 2013?

You might be better just going for a statute barred defence. When was the account called in by Lloyds?

Never acknowledged any debt, I've moved house several times since 2007 so I have never received any letters.

Good call on the SB defence, planning to submit this:

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1 The Claimant's claim was issued on 11/06/2014.

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £218.08 or any other sum, or relief of any kind is denied.

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