Hi

I took out a door step loan in 10/2010 due to my younger sister having a stroke

I defaulted in the same year

I have not paid or recognised this debt since

in 2014 it was assigned to lowell who marked it on my credit file as a new debt.

Today I received a letter saying despite previous letters I have not made an agreement

they are giving me 30 days notice before court

have included a load of paperwork for me to fill out about financial situation other debts and am I seeking debt help or who I plan to pay.

They say that because they took over the debt in 2014 the six year rule started when the took over the debt.

The original debt no-one appears on my credit file as it went statute barred either the end of 2016 or early 2017.

How do I fight this if it comes to court

" I have not paid or recognised this debt since in 2014 "

Then it wont be statute barred until 2020 ? Irrespective of when they bought the debt.

Regards

Andy

I have not made any payment or acknowledged the debt since Jan 2011

I mentioned that I have had no contact with lowell since they took over the debt in 2014

the debt was first generated in 2010 not 2014

this is when lowell took over the debt claiming it is a new debt and showing it on my file from that date

Ahh you didnt mention 2011 in your initial post..then yes its statute barred this year...subject to the month of your last payment.

Was there a default showing on your file before it was assigned to Lowell ?

I gather this is a provident doorstepper loan?

The debt is so old it no longer appears on my credit file

it was still on their mid year so it must of come off some time in July or August 2017

Hi dx100uk yes this is provident

I was not always in when she called because I was traveling to London to see my sister

when I did pay she didn't always put it in my book or she did not have her paperwork with her

 

They say that because they took over the debt in 2014 the six year rule started when the took over the debt.

This is precisely the sort of BS they tell you when you call them ! That's why you never should!

so its also dropped off your credit file as the default has met its 6th birthday

are you saying its on there under lowells name still now?

Hi

I took out a door step loan in 10/2010 due to my younger sister having a stroke

I defaulted in the same year

I have not paid or recognised this debt since

 

in 2014 it was assigned to lowell who marked it on my credit file as a new debt.

 

Today I received a letter saying despite previous letters I have not made an agreement

they are giving me 30 days notice before court

have included a load of paperwork for me to fill out about financial situation other debts and am I seeking debt help or who I plan to pay.

 

They say that because they took over the debt in 2014 the six year rule started when the took over the debt.

The original debt no-one appears on my credit file as it went statute barred either the end of 2016 or early 2017.

 

How do I fight this if it comes to court

“They say that because they took over the debt in 2014 the six year rule started when the took over the debt. ”

Well, they would say that, wouldn’t they!

I wouldn’t send back the forms they want you to complete.

I’d send ONE letter stating it is statute barred, and the date they took over the account is irrelevant, as it is the original default that created a previous potential cause of action (that has now become statute barred).

How do you fight it in court?

Well, they’d be daft to try Court, but if they did : you use that exact same position : statute barred. Date not reset by assignment / sale.

Today I received a letter saying despite previous letters I have not made an agreement

they are giving me 30 days notice before court

have included a load of paperwork for me to fill out about financial situation other debts and am I seeking debt help or who I plan to pay.

 

 

 

How do I fight this if it comes to court

have they then issued a proper letter before claim, compliant with the new debt pre action protocol?

Lowlifes talking utter rubbish AGAIN!!!

Ignore them, it's SB end of, IF they're stupid enough then they'll continue, and you can laugh at them in court whilst the judge is awarding you costs.

have they then issued a proper letter before claim, compliant with the new debt pre action protocol?

Here are the new rules Ford refers to... https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

broken link

see here re the protocol

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

was wondering if it was a letter before claim as OP said they had been given '30 days notice' of court (30 days being stipulated in the protocol)

If they haven’t given the correct notice it’d be another nail to hammer them with at Court.

But, they will not go to court (or are deluded if they try!),

They are just ‘trying it on’.

the rest of the original post and included paperwork rather suggests it is Lowells pretending it could be a lba but they know that it isnt and hope to scare you into admitting something, anything, even killing the dinosaurs at the end of the cretaceous

hopefully it is just a white mammoth

Hi All

Sorry i have not replyed to anyone on this bought it.

i spoke to them today telling them to withdraw the claim but they say that under the law the clock for statute bar did not start untill 2013 when they say i made a payment of £10 to the origanal debt just before they bought it this i did not do.

i have checked my credit file again and this bill is no longer on my file and i thought things do not come of untill 6 years after a defult notice or last payment.

what

never ever ever speak to a fleecing powerless dca over the phone

they ARE NOT BAILIFFS

and have

ZERO LEGAL POWERS!!.

you have received a new pre action protocol pack

you must reply to it!!

read here

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

and reply as per the last post on that thread.

was this a provident loan?

Hi DX100UK

This was a provident loan.

not sure if I received the pack you're on about

I will scan what they sent me,

it was asking if I agreed I owed the money

or if I only agreed with part of the debt

it also asked for an income brake down.

the first page of the letter said that if I did not fill out the form it could lead to court action there was no where on the form to say I dispute the whole amount.

I received a court claim this morning filed through the Northampton central clearing.

ok well forget about all that's gone before if you've now a court claimform.

can you complete this please:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

thread moved to legals

I have just read the link and

I did receive the pack

but thought they were just trying to get me to admit to the debt.

as I had no idea of the change to the before court rules

I also object most strongly to filing out forms asking about my income and expense as this is none of Lowells business

well forget about all that now its immaterial - they've issued a court claim.

get that link it post 20 done please

time is of the essence now

I have sent The Letter to Lowell

they sent me back notice of assignment to them and told me that they will contact original creditor for other paperwork.

i will be filing my defence tomorrow saying that the debt is statute barred and should not be before the court

cant help you without the correct info

PLEASE!! complete this link

posting the Q&A back here

dx

Name of the Claimant ? Lowell portfolio Ltd

Date of issue – 21/11/2017

What is the claim for –

1) The defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit linmited under account reference ... ('the Agreement')

2) The Defendant failed to maintain the required payments and arrears began to accrue.

3) the Agreement was later assigned to the claimant on 29/08/2014 and notice was given to the defendant.

4) Dispite repeated requests for payment the Sum of £257.50 remains outstanding

And the claimant claims the said sum of

a)£257.50

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue.

accruing at a daily rate 0f £0.056 but not limited to one year, Being £20.60

c) Costs

What is the value of the claim? £353.10

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Doorstep Loan

When did you enter into the original agreement before or after 2007? 2010

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. Lowell Protfolio 1

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Cant Remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes

Why did you cease payments? A mixture of a family member dying and payment dispute

What was the date of your last payment? Dec 2010

Was there a dispute with the original creditor that remains unresolved? Yes I was not sure all the payments I was making were being registered

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No