Lloyds CreditCard - Northampton Court Claim Form received.

by sam66 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.

by Tiggy 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.

by sam66 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"

by sam66 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.

by Tiggy Fri Sep 08, 2017 1:59 pm

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

by sam66 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.

by Tiggy 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.

by sam66 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?

by Tiggy 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.

by sam66 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.

by Tiggy Sat Sep 23, 2017 6:47 pm

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

by sam66 Sun Sep 24, 2017 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.

by sam66 Tue Sep 26, 2017 2:44 pm

So I have submitted a defence to the claim via the money claim website. Do I need to follow this up with any paper submissions to the court/claimant?

by Tiggy Tue Sep 26, 2017 7:28 pm

No.

Have you send a request for further information / copy of the agreement, if yes you can send those to the Court and ask for them to be placed on the case file.

by sam66 Wed Sep 27, 2017 10:43 am

Thanks Tiggy.

I sent a CPR18 & CCA1974 request and had a respone from solicitors basically saying they didn't need to provide this information as the particulars of claim was sufficient to be able to understand the claim.

by sam66 Fri Sep 29, 2017 10:32 am

UPDATE

The court has acknowledged the filing of my defence.
Lloyds CreditCard - Northampton Court Claim Form received. Ncc_ac10

As the claimant has failed to send a copy of the CCA. (They received my request and £1 postal order over 12 working day ago) should I be taking any action based upon the absence of this documentation?

by Tiggy Fri Sep 29, 2017 1:54 pm

You could apply for an Unless Order, costs £255 for a With Notice Application.

You'd have to attend a hearing to argue your case but be aware if the application fails you could be liable for the other sides costs.

by sam66 Mon Oct 16, 2017 3:18 pm

UPDATE

Further to the filing of my the solicitors have responded as follows.

Interestingly they are saying I should have received Notice of Assignments from both Lloyds & Arrow. I have never received from either source and in fact at the date they claim the NoA was issued the alleged debt was being pursued by another DCA as a managing agent of Lloyds.

I am confused about the Deed of Assignment - an agrement between DCA & OC containing my personal information but I'm not party to the contract.

After all this time they have yet to provide a positive response to my CCA1974 request and as such my understanding is that failure to supply a true copy of the original agreement makes it unenforcable.

Do I need to take any action, or wait for their nest communication?

Lloyds CreditCard - Northampton Court Claim Form received. Goodf_10

Lloyds CreditCard - Northampton Court Claim Form received. Goodf_10

by Tiggy Mon Oct 16, 2017 7:23 pm

Wait to see if they proceed with the claim.

by sam66 Tue Oct 17, 2017 3:04 pm

Thanks Tiggy - will do.

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