Thanks for your interest dx100. Didn’t reach a hearing. Although they filed court papers, they withdrew a few days beforehand, and admitted it was statute barred and I have it in writing that they say the matter is now closed. Once again, many thanks for all your help.

Many thanks for your continuing interest and help…I feel that I’m not alone in dealing with this. Submitted DQ and have confirmed with the Court that it’s been received. I have stated that I’m at present unable to present an argument in the ADR process as I don’t have any idea as to what evidence Lowell’s intend to rely on in court. Agreed to ADR, even though I have (what I think!) is an absolute defence. One important thing is, how do I argue against the Doyle ruling? Very many thanks to all.

Many thanks for your replies. Dx100… I had no notification whatsoever regarding the application for the stay to be lifted…in fact, I didn’t know one had been granted in the first place! Andyorch… Received Directions Questionnaire, to be submitted by 05/07/21. I’m quite worried about this, given the ruling in the case of Doyle v PRA Group.

Thanks for your advice dx100. Hopefully everything will work properly now you’ve pointed me in the right direction! This is what I received in the post this morning… don’t know if it’s actually from the Court or Lowells ( no return address or indication of sender…I thought the Court correspondence had some information on the envelope). any advice as to how to proceed would be very gratefully received (and acted on!). Lowells seem to be very persistent with this! N244 Granted+N180.pdf

Thank you very much for your quick reply dx100uk... much appreciated. As requested, this is the state of proceedings from the MCOL site... A claim was issued against you on 29/10/2020 Your acknowledgment of service was submitted on 12/11/2020 at 12:54:51 Your acknowledgment of service was received on 12/11/2020 at 14:05:17 Your defence was submitted on 24/11/2020 at 04:35:00 Your defence was received on 24/11/2020 at 08:05:38 That’s all! Hope this helps...I must say I feel a little out of my depth at the moment! Once again, very many thanks.

Still wondering what to do! Here’s a quick summary of the facts so far... This refers to a Vanquis credit card with a £250 limit. Due to illness, I stopped paying on 1/7/2014 (which I informed Vanquis). Evidently, a default notice was issued on 11/6/201, very nearly a year later. Lowells have dismissed my “statute barred” defence, stating that the six year period runs from the expiry date of the default notice, which would be six years after 1/7/2015. Having read the statement of account which Lowells provided, at the time of my last payment the outstanding balance was £245. During the period from my last payment to issuing a default notice, a total of approximately £212 in late payment, over limit, billed finance and repayment option plan charges were applied. After the issuing of the default notice, a further £217 of charges were added. My questions are: 1.Even though I have submitted my defence to the court, do I have any grounds to dispute the charges applied? 2.Are Lowells correct in their statement that the six year statute barred time limit starts from the date of accrued action (1/7/2015)? Any advice very gratefully received. Many thanks in advance.

Thanks for your reply. At no time has she missed any payments, which is why she’s so upset about it...when she needed help they failed to provide it after nearly 40 years of an unblemished record! She received a notice of assignment saying the debt was assigned to LC Asset 2 on 15/12/20 (letter dated 08/01/21).

Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.

converted.pdf Trying to help my partner with a Barclaycard debt (she lost her pip in 2018 but it was eventually reinstated). Even though she offered payments of £50/month for a few months they refused and demanded £150/month, at which point I intervened and sent off a request for the original CCA ( which was taken out in 1981!). Here’s a copy of their reply... I ignored their reply, as what they supplied was clearly non-compliant. Let sleeping dogs lie... They have now sent the account to Link (after two years of inactivity) and Link have started on the phone call/text/letter route already. Any suggestions as to how to proceed gratefully received! Oh, and as it’s a pre-1985 agreement do they still have to provide a true copy of the CCA? It seems they are trying to use Regulation 9 of the CNC Regulations (which I haven’t heard of!) as a “get out of jail free” card Many thanks in advance.

An update... Firstly, season’s greetings to all...let’s hope 2021 is far better for everyone than 2020! Received acknowledgment of receipt of my defence from the Court saying that it was being served on Lowells (letter dated 24/11/20). Today I have received a copy of the directions questionnaire from Lowells and also a letter saying that they have agreed to mediation and suggested that I should agree (and also asked me to put forward an “affordable settlement” arrangement, which may avoid me having to pay more costs being added to my “debt”). I really can’t understand why they are pursuing a statute-barred debt. What should I do now.. .is there any point in referring them to the FCA or any other body, now they have been informed that the debt is statute-barred? Should I phone them and explain to them in no uncertain terms what the situation is? Many thanks to all.

Defence submitted! Now it’s just a matter of waiting. Thanks to all so far....

Would this be a suitable defence (many thanks dx100uk...found it in the Legal Success forum)... .... 1 The Claimant's claim was issued on 29/10/2020 2 The Defendant 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 act 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 £690.52p or any other sum, or relief of any kind is denied. When should I submit my defence (acknowledged service online on 12/11/2020)? Many thanks. Sorry, another thought has crossed my mind... would it be a good idea to apply for summary judgment, as their claim has very little prospect of success? Would it put pressure on them to discontinue?

Many thanks for the replies so far...all extremely helpful. Here’s an update... Completed AOS online on 12/11/20. Now here’s a question that I can’t find an answer to. I’ve received an email from the NHS stating that I’m classed as “extremely vulnerable “, etc. and I shouldn’t leave the house for any reason. Under the circumstances, could I request the CPR 31 information via email (normally, I would ask via recorded delivery post, but I don’t have anyone who could visit the post office for me, as it’s quite far away). This has also prevented me from requesting a CCA. I believe my defence should be submitted by Thursday, but will welcome any further advice. Very many thanks in advance.

That’s great, thanks for your advice Andy.

Very confident of the last payment date...managed to download all bank statements which prove it. I’ll just hold fire on anything unless I post it on here first. I presume I should acknowledge service or should I wait until nearer the deadline, which I think should be about another 15 days (but am prepared to be corrected!). Very many thanks.