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Lloyds CreditCard - Northampton Court Claim Form received.

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Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 on Thu Sep 07, 2017 11:24 pm

I have received a Northampton Court Claim Form for a Lloyds Credit Card account. (c£4k)

This is the potted history . . .

Feb 2016 Lloyds transferred the account to Moorcroft to chase it: Thanks to goodf, 3 letters later and MC passed it back to Lloyds.

July 2016 Lloyds trasnferred it to Robinson Way, who gave up before I got around to sending any letters.

Nov 2016 Capqest wrote to claim they were now acting on be half of their client 'Lloyds', however no letter from Lloyds to advise the same.

April 2017 Capqest advise their had previosuly advised in Nov 2016 that they were working on behalf of their cleint Arrrow. This is news to me as they had advised their client was Lloyds.

July 2017 Arrrow advised account has been transferred to their Solicitors

Aug 2017 Solicitors claim I have been previosuly advised of their client's acquisition of the rights ot the account.


I'm a correct in thinking I need to return the "Acknowledgment of Service" tothe court with notice to defend?

And then what is the next step. I read about CPR18 but don't fully understand this. Should I have received a Letter Before Action?

Any help would be much appreciated.


Last edited by sam66 on Fri Sep 08, 2017 8:49 am; edited 1 time in total

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by Tiggy on Fri Sep 08, 2017 7:31 am

Yes, acknowledge service with the intention to defend.

Send a CPR 18, request for further information, to Solicitors.

Send a request for a copy of the agreement under section 78.1 of the Consumer Credit Act to Arrow along with £1 fee, copy this request to Solicitors.

Start work on your defence, this MUST be submitted 33 days from the issue date on the claim form, but don't wait, start work on it now.

Yes, you should have received a letter before action, are you sure Restons didn't say they were going to start proceedings in their last letter? If not mention the lack of one in your defence.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 on Fri Sep 08, 2017 9:20 am

Thank you Tiggy.

I'll get on with the cpr18 & sec 78.1 over the weekend.

For info the LBA wording was a bit loose: "Failure to contact by [date] COULD result in further action, which MAY include the issue of a County Court Claim"

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 on Fri Sep 08, 2017 11:27 am

I am drafting the CPR18 and would appreciate some assistance with point 7
"7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would request details of the Statutory Instrument under which you have brought proceedings."

Their claim states "Claims payment for overdue balance due under a CONTRACT between . . names + dates of contract & assignment + a/c no."

I wonder how point 7 should be worded as they haven't claimed Breach of Agreement - have they?
My understanding is that an Agreement is not the same as a Contract.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by Tiggy on Fri Sep 08, 2017 1:59 pm

I'd remove section 7, that's from an older version of a CPR 18 request.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 on Sun Sep 10, 2017 12:24 pm

OK Thanks Tiggy, I've removed sec 7 from the CPR18 request.

I have also changed the terminolgoy to refer to Contract, rather than Agreement, because their particulars of claim states " . . . under a contract between. . ."

I have been wondering how Arrow have got hold of this as the last communication from Lloyds was over a year ago when they advised they had transferred it to R/Way.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by Tiggy on Sun Sep 10, 2017 1:38 pm

sam66 wrote:OK Thanks Tiggy, I've removed sec 7 from the CPR18 request.

I have also changed the terminolgoy to refer to Contract, rather than Agreement, because their particulars of claim states " . . . under a contract between. . ."

I have been wondering how Arrow have got hold of this as the last communication from Lloyds was over a year ago when they advised they had transferred it to R/Way.
Robinson Way only ever act as agents, Arrow are debt purchasers and will be claiming they have been assigned the debt under Section 136 of the Law of Property Act 1925.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 on Sun Sep 10, 2017 2:46 pm

CPR18 & CCA1974 done and being sent off.

Robinson Way only ever act as agents, Arrow are debt purchasers and will be claiming they have been assigned the debt under Section 136 of the Law of Property Act 1925
Should I have been advised by Arrow/Lloyds of this assignment?

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by Tiggy on Sun Sep 10, 2017 2:53 pm

sam66 wrote:CPR18 & CCA1974 done and being sent off.

Robinson Way only ever act as agents, Arrow are debt purchasers and will be claiming they have been assigned the debt under Section 136 of the Law of Property Act 1925
Should I have been advised by Arrow/Lloyds of this assignment?

Yes, you should have been sent notice of the assignment.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 on Sat Sep 23, 2017 5:08 pm

UPDATE: Response to CPR18 & CCA1974 request

I have received a response from suggesting there is sufficient information in the court claim to be able to understand the claim, namely: Date of account opening, a/c no, o/s balance, OC name and Assignment date/details.

They say the DOA contains confidential information and its disclosure would breach DPA as I'm are not party to the contract.

Their only obligation is serving a NOA under LPA 1925 s136 which they believe they have done.

They then go on to say that CPR18 is not the correct rule to requesting the documents and that this request is unnecessary because none of the documents are mentioned in the particulars of the claim. They believe they are therefore not required to formally respond to my CPR18 request and that I should have enough information from the claim for to admit or deny the claim.

So it seems they can make a claim without any verifying and decline to provide any documentary evidence to substantiate it.

Any advice as to the next move would be welcomed.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by Tiggy on Sat Sep 23, 2017 6:47 pm

What about the agreement, that's the key document.

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Re: Lloyds CreditCard - Northampton Court Claim Form received.

Post by sam66 Yesterday at 8:36 pm

Tiggy wrote:What about the agreement, that's the key document.

They appear to be suggesting that at this stage the particulars of claim are sufficient to ascertain what the debt relates to.

No agreement yet, the 12 day period for providing the agreement is 2 days after I need to file a defence.

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