** WON ** Lowell/Bryan Carter - lloyds tsb - DISCONTINUED

[Niknaksky]

Received a claim? Yes
Issue Date: 24/11/14
Amount approx: 4525.45
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Lloyds TSB unsecured loan

Particulars of Claim:

The claimants claim is for the sum of 3944.87, 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 xxxxxxxxxxxxxx and assigned to the claimant on 04/07/2013 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 as not been complied with.

And the claimant claims 3944.87

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 1000 amounting 315.58.


Stat Barred? Yes - last payment on account confirmed by Lloyds TSB was 01/08/2008

Have sent: acknowledgement of service online with defend in full

Other Info:

date of default on credit ref is 20/02/09 but last payment on account was 01/08/08 so I think this is stat barred

[Celestine]

Re: Lowell/Bryan Carter - lloyds tsb

The entry date of 'default' on your credit file can be ignored. The relevant date in this case would be last payment or acknowledgment of payment toward account.
So this debt should be time barred.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Thanks for that Celestine :O) a glimmer of hope

Is there a certain templete I should state time barred on my defence to the court ?

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

What is the best way to proceed now do I need to send anything to Bryan carter ?

I received the letter the day after the count court claim form from bryan carter stating they had filed a claim surely they should have sent that first ?

[FlamingParrot]

Re: Lowell/Bryan Carter - lloyds tsb

Thanks for that Celestine :O) a glimmer of hope

Is there a certain templete I should state time barred on my defence to the court ?

What is the best way to proceed now do I need to send anything to Bryan carter ?

Basically you have two options:
1. If you are 100% sure the debt is SBd, you could go ahead and submit a SBd defence such as:

The claim was issued on the 24th of November 2014.
The Defendant contends that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued. No acknowledgement or payment on this debt has been made since August 2008.

2. You can go through the motions and request documents, etc. so, you have a back-up plan in case it turns out not to be SB. There have been some cases where payments were made and they had been forgotten. In that case, you send a CCA request to Lowell and a CPR 31.14 request to Bryan Carter as detailed here: http://www.legalbeagles.info/forums/...it-Court-Claim

Lack of response to your CCA request can be used in your defence.

I received the letter the day after the count court claim form from bryan carter stating they had filed a claim surely they should have sent that first ?

Yes, according to the pre-action conduct they should have, however, BC seldom follow procedure.

Lack of compliance with the pre-action conduct in itself doesn't stop them from obtaining judgment. It can have an effect on costs but this is likely to go to small claims where costs are not normally awarded. :ohwell:

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Ok thank you flamingparrot very much appreciated

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

WHat date do I need to state here To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X. ?

[Celestine]

Re: Lowell/Bryan Carter - lloyds tsb

Are you requesting an extension to the defence filing deadline? Currently your deadline will be the date you received the claim plus 28 days. So, that would be around 25th December! Given that they have to provide documents to prove their case, you should ask for a further 28 days (max) to file defence under CPR 15.5 (It should be mentioned in the template)

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

So i put the 25th of december and they ask for an extension ? or shall I add a line to request an extra 28 days ?

[Celestine]

Re: Lowell/Bryan Carter - lloyds tsb

Its you who request the extension, they certainly won't offer it. To allow them time to comply with your 31.14 request you can ask for up to 28 more days under CPR 15.5 to file a defence. If they agree, IN WRITING, the court will also need to be notified.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Well I sent the CPR 31.14 and cca requests and so far received a reply from BC with what seems to be the standard response everyone refers to "we confirm this matter will most properly be allocated to the small claims track" and that their client is not agreeable to an extension for me to file my defence.

they also go on to acknowledge receipt of my acknowledgement of service.

any further advise would be greatly received.
and thank you for the advice so far.

[FlamingParrot]

Re: Lowell/Bryan Carter - lloyds tsb

Well I sent the CPR 31.14 and cca requests and so far received a reply from BC with what seems to be the standard response everyone refers to "we confirm this matter will most properly be allocated to the small claims track" and that their client is not agreeable to an extension for me to file my defence.

they also go on to acknowledge receipt of my acknowledgement of service.

any further advise would be greatly received.
and thank you for the advice so far.

That's their standard templated response. This is the usual response to such letters: http://www.legalbeagles.info/forums/...385#post410385

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

I have been ill for the last few days so have not had chance to do anything yet.

I will fire the response letter back to them today.
With me being 99.9% sure it is time barred should I file my defence on these grounds now or wait for them to reply the my response?

[FlamingParrot]

Re: Lowell/Bryan Carter - lloyds tsb

I have been ill for the last few days so have not had chance to do anything yet.

I will fire the response letter back to them today.
With me being 99.9% sure it is time barred should I file my defence on these grounds now or wait for them to reply the my response?

Your choice really. From experience on here, BC never supply any documents and people end up either submitting a defence without them or submitting an application to the court to force disclosure. This course of action is only suggested in certain circumstances, probably not in your case. If you are that positive about it being SBd, the you can go ahead and submit a SBd defence. Just keep an eye on the calendar. :clock:

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Well I have sent the response and received a letter back.

"we refer you to our previous letter dated ****** and reiterate it's contents.
we confirm this mater will most properly be allocated to the small claims track" etc

surely if it is a legal requirement to provide these details they should get in trouble with the courts ?

i am pretty sure it's sb but would of liked to have confirmed it by the paperwork.

so not sure if to file it as sb or what other option do I have?

if I file it as sb could you point me in the direction of a template to use please?

As always I appreciate the help