perfect, thank you.

Thank you very much for your help, much appreciated. It was A1 we were concerned about saying yes to so thank you for the explanation. Didn't want it to be seen as an admittance of the debt.

One further thing, Lloyds do not show on my partners credit report yet Lowell do but only since Sep 2013. Are they allowed to do this? It's like they are starting the default of payments from when thye have decided rather than the original lloyds debt.

Thank you so much for your help

Thank you for the reply. Yes years ago when attempting to sort this to stop the letters my partner sent off requests along with cheques from me (so they couldn't copy her signature) which I can never remembering them cashing. Everything stopped for what must have been 6-9 months and then started up again. With regards what info to fill in one the questionnaire do you have any recommendations for the correct response? I wouldnt of thought agreeing to mediation (section A1) was a good idea as it suggests she owes the money? Secondly, (C1) asks "Do you agree that the small claims track is the appropriate track for this case" yes/no tick box followed by "if no, say why not and state the track to which you believe it should be allocated" It then goes on to ask about the hearing and which court and timings etc, would you fill this in or ignore? Thanks in advance.

Thanks for the replies. Sorry I will give as much info as I can, I don't have all the info on me until I get home as it is my partners paperwork. The debt is from a Lloyds Loan taken out 2001-2003 which she took out in her name with a previous partner, it stands at around £1.6k. She has received letters from Lowell and a magnitude of other DCA's over the years offering deals. I appreciate she/we should have dealt with this much earlier but the letters have been coming for years and never gone anywhere so time seemed the best solution in terms of the statute barred ruling. Bryan Carter then got in touch with a copy of the letter to the courts but still offering "without prejudice negotiations". My partner replied to the court with a standard statute barred reply from this website stating I think it was three separate points all combining to the debt being statute barred and no admission to any balance. She has since received a directions questionnaire (N180) along with a covering letter entitled notice of allocation to small claims track. 1. this is now a defended claim 2. it appears that this case os suitable for small claims track 3. if you believe this is not the correct track etc please complete box C1. The sheet then states A1 "do you agree to this case being referred to the small claims mediation service" which is a simple tick box exercise. Given the statute barred defense we are not sure what to put here? We need to return the questionnaire by 11th August but are out of the country as of Weds this week. My partner rang the courts to ask for more time but has been told she needs to return it before she goes away despite only receiving this morning. C1 then asks "do you agree that smalls claims track is the appropriate track for this case" tick box yes or no with a further box for if you say No as to the reasons why. Section D then asks about nearest court for hearing dates etc. So it is A1 & C1 which is confusing as to what to put. I would have thought we would want to be putting No to both and stating in C1 written box due to it being statute barred but I am unsure if this would be correct? Thanks for the help, much appreciated. Contact details which aren't a problem then leads on to Below is roughly the template used on the defense but relating to the Lloyds loan and reference etc. 1 The Claimant's claim was issued on (date). 2 The Claimant 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 £x or any other sum, or relief of any kind is denied. I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE. Signed: Dated:

Yes tried google for the answer among other things, I was hoping somebody on here would have filled a questionnaire out in a similar situation where the court defense has already been filed as statute barred

Thanks for the reply. What we really need to know is how to fill out the questionnaire you receive with a notice of allocation to small claims track paperwork. A defense has already been filed as statute barred but it has moved along. On the questionnaire it is asking if small claims is the right track etc. What we need to know is having already filed a statute barred defense how do we complete the small claims questionnaire? Thank you in advance.

Hi, I posted on here a few years ago when my partner was having trouble with Lowell, for years she has received threatening letters and finally a court letter arrived and she filed her defence as per the statute barred template defence from previous threads. They have come back saying as above, notice of allocation to small claims track so seem persistent. She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account but because they are pushing it is worried she has it wrong. She tried to call Lloyds a few weeks ago to ask when the last payment was made but they said it had been passed over and they couldn't give her the answer, is this correct? We have checked her credit report and nothing shows for Lloyds however it does show her defaulting to Lowells for the past 18-24 months. Are they allowed to do this? It appears they have just started a fresh record on her file from a start date that they have made up. she is now in a position where she needs to reply to the notice of allocation to small claims track but doesn't know what to put. We are both confused to agreeing when she has already defended it as statute barred. From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof? Any help on this issue is hugely appreciated. T he form has to be sent back by 11th August however the letter was only received this morning and we go away Weds afternoon so wanted to submit before then. Thanks Forest5

Only thing is it had already been passed to the DCA before a SAR letter was sent to Lloyds. Can i request with the DCA that the account be put on hold as i am disputing excessive charges with Lloyds. Is there a letter more suited to that situation or should i just amend the one given above?

Thanks very much for the advice, do you know if there is a template letter to send to the DCA to tell them the account is now in dispute?

Hi All, Have also posted this in Lloyds forum. My Partner has a bank account & loan with the above named. The loan stands at around £1600 but she recently received a letter from APEX saying they would except £1000 to clear the loan. My feelings are that they are offering it at a discounted rate due to all the interest & charges they have added on along the line although i'm no expert! As for the current a/c, my partner stopped using it the account as they kept cancelling her DD's & then charging her for it being bounced putting her further into her overdraft etc. She has now received a letter from APEX to say that they are also taking control of this debt which is around £800. APEX then sent a further letter back end of last week to say that unless they received the £1000 to clear the loan in 7 days they would be taking her to court. What would be the route to go for her bearing in mind of the letters threatening court action are threatening 7 days? Is there any way of freezing there action until further evidance can be produced? Any help would be much appreciated. Thanks Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank. Follow this link to see the discussions on this. You might even double the size of your claim.

Hi All, My Partner has a bank account & loan with the above named. The loan stands at around £1600 but she recently received a letter from APEX saying they would except £1000 to clear the loan. My feelings are that they are offering it at a discounted rate due to all the interest & charges they have added on along the line although i'm no expert! As for the current a/c, my partner stopped using it the account as they kept cancelling her DD's & then charging her for it being bounced putting her further into her overdraft etc. She has now received a letter from APEX to say that they are also taking control of this debt which is around £800. APEX then sent a further letter back end of last week to say that unless they received the £1000 to clear the loan in 7 days they would be taking her to court. My Partner isn't in doubt as to that she does owe Lloyds some money but not the combined £2.4K+ that they are saying. What would be the route to go for her bearing in mind of the letters threatening court action are threatening 7 days? Is there any way of freezing there action until further evidance can be produced? Any help would be much appreciated. Thanks

Thanks for the advice sam, much appreicated.

Hi Guys, We thought we'd heard the last of Lowells having sent Silverfox's "prove it letter" but they seem to have given it 6 months & then started sending threatening letters again, two in one week! Would i be right in thinking the next step would be now to send a CCA letter followed by a SAR request letter. Any advice or help would be greatly appreciated. Thanks