Hi, I wrote the following; I would like to defend the whole claim made from Lowell Portfolio Ltd, under the claim # xxxxx. I have not received any prior correspondence with this company and have checked my credit file over the last six years and can see no judgements made against me from either Lowell Portfolio or Lloyds under the account number given as a reference. Firstly I do not acknowledge any outstanding amounts to either Lowell Portfolio or Lloyds. Secondly, I would like to point out under the limitation Act 1980 Section 5 the alleged debt is statute barred. I ask if Lowell cannot provide full evidence, by way of credit agreement or proof of any debt existing or judgement against me within the last six years, that this court claim be set aside. I have also written to Lowell and solicitors defending this claim in its entirety. Im not sure if this was correct? how can I get BC to send me proof?

Sorry, I should have added this as requested below... Claimant - Lowell Portfolio What is the value of the claim? £1091.10 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? around 2004 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. No, Original debt was to Lloyds TSB, debt sold to Lowell Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Possibly before 2006, not after Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, Ive not heard from LLoyds since 2006 and never heard of Lowell or Bryan carter. Why did you cease payments:- Around Dec 2007 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt plan? I was involved in a debt payment plan from 2006 – 2007

Hi All Thanks so much for your help. I was a bit muddled when I posted yesterday, so thought I should clarify exactly where I am. I did not have an IVA it was a payment plan set up by a debt advice company. I paid them monthly and they distributed between my creditors, I kept this up for around a year before I lost my job. I'm not sure if that changes anything > apologies for using the incorrect terminology. I received a letter from BC Solicitors, two days before the claim form ( N1CPC) arrived (dated 12th Aug 14) stating he was taking me to court on behalf of his client. I filed an acknowledgment of service on 15th Aug, ticking that I would be defending all of the claim. On 28th August 2014 I filed a defence online stating that I denied any debt to Lowell or LLoyds, that I had made no payments or had contact with either for over 6 years and that if I had the debt would be statute barred. I wrote a letter to Lowell and sent a copy to BC from a template on another website stating without prejudice, not admitting liability, quoting the limitations act a nd asking for evidence of payment or written evidence from myself admitting any debt within the 6 year period. BC wrote back telling me that the debt was not statute barred because the default was dated within the time limit of the court claim. He did not enclose any evidence or proof. I have now received a notice of proposed allocation to the small claims track,(N149A) response is required by 29th Sept. My credit file from 2012 shows a default date as 27.08.08, I remember at the time that this was updated as an earlier default was showing. I cannot get an earlier report to prove this, but I did query it with Equifax at the time as I was waiting for it to fall off after 6 years. Shortly after the Lloyds account was removed from my file. (around sept 2012) Can anyone advice where I should go from here, should I still send the CCA to BC and an SAR to Lloyds? or has it gone to far? Thanks in advance.

Thanks so much, I'm not sure how to prove the default before they purchased the debt. I can search through old letters or can I contact the original creditor, Lloyds? Im not sure how helpful they will be considering I didn't pay my bill.. can you tell me what a CCA and an SAR is please? Thanks so much for both of yours help, I'm really panicking as its taken me 8 years to pay off the mountain of debt and Ive only just cleared my credit file, a CCJ will stop me getting a mortgage for another 6 years

Hi, I have been frantically looking for help today and found this site, Im so hoping somebody here can help me please? Long story so I will try to make it as short as possible. I had a credit card in 2004, I had an IVA on this credit card for 2 years and then defaulted as I lost my job and instead of sorting it out I moved house and hoped they wouldn't find me. My last payment was around mid 2007, in March 2012 the file was removed from my credit file and I thought that I was OK. In September 2012 the same credit card reappeared on my credit file with a default date marked as August 2008. I contacted the credit reference agency and they agreed that this should not be on my file and removed it. On 26th August I was filed with a Court order by Bryan Carter Solicitors acting for a company called Lowell. I filed a defence with the court stating that the debt was statute barred, I have now had letters from BCS stating that the default was Aug 2008 and within the 6 years. Now I am wondering what to do, surely statute barred should be 6 years from last payment? I have not spoken to Lowell nor made payments to them. Does anyone have any advice please? I have signed a mediation form to work with the creditor but Im not sure legally where I stand, Im scared Im going to have to pay this back and I do not have the money. Any advice please??