A notice of discontinuance arrived today - no further action to be taken. Thanks for all the help and advice!

Latest update is this - General Form of Judgment or Order. Upon reading the file IT IS ORDERED THAT 1. The Claimant do by 4pm on 27 January 2017 file and serve fully detailed Particulars of Claim setting out the date of the agreement, payments made, details of the breach and calculation of the sum claimed. 2. The Defendant do by 4pm on 24 February 2017 file and serve a detailed defence. Dated 2 December 2016. I guess I just have to wait now? John.

The mediation session went as expected - they still wanted me to settle today even though they have not had the information sent to them from Barclays allegedly. Obviously I stated that I know for a fact I had paid nothing to Barclays for over 6 years and requested all of this information from them some time ago under the CPR and they have sent nothing at all other than the letter stating they had requested the information from the first agency dealing with this. Does this now get assigned to a court? John.

I have the mediation session booked for Friday 4th - anytime in the morning. Is there something pertinent I should be asking them as I have had no documentation back from them despite the request and also, I have not paid anything against this debt for over 6 years now. Presumably I ask them to explain why they're chasing this when it's statute barred and for proof I have paid anything against this debt in the past 6 years? Regards, John.

Forms filled in and returned. How is the 28 day period calculated btw? By my counting, it's the 15th September that would be 28 days. MCOL states the DQ was filed on the 17th - their (Lowells) letter was dated the 14th. Still no information back despite the request. John.

Nope.

Had a letter from Lowell Solicitors today (14 September) stating the following. Dated 9/9/16. ******** We refer to the matter shown at the side of this page. Please find enclosed a copy of the Directions Questionnaire which we have now lodged with the Court. You should have received a copy of the same for review and completion. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed. Yours Sincerely.... ******** So, I can't this this having been added to the case on MCOL and I've had nothing from the court other than stating they received my defense. 28 days (if it includes weekends and assuming I don't include the day of the defense filing) should be tomorrow. When would I expect to see online if anything else is progressing from the courts side of things? Regards, John.

I filed it on 18/08/16. I wrote notice of assignment. John.

It's from Lowell Solicitors. My defence was as follows. Defence 1 The Claimant's claim was issued on 22 Jul, 2016. 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 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 £3XXXX or any other sum, or relief of any kind is denied. Signed I am the Defendant - I believe that the facts stated in this form are true

My defence was submitted before I went away. I today had a response from Lowells. ***** Thankyou for your letter dated 5 August 2016. Our Client has however, requested a copy of the statement from Barclay's Bank, with whom you originally entered into the contract. Whilst we Endeavour to provide evidence of the debt as soon as possible, you appreciate this is dependent upon receipt of the information from the original creditor. Please note that our client is in not obliged to provide you with a copy of the deed of assignment as this is a document containing confidential information. Will not be responding to any other letters referring to documents. As you have filed a defence this matter will progress through the Small Claims Track and you should respond to any correspondence that the court sends to you. ***** Regards, John.

I sent the CPR off last week - 5/8/16. Presumably I need to file some sort of defence in the next week or two? I'm actually out of the country for 10 days from the 19th to the 29th. But I can have any letters / information returned from them scanned etc.

Do I have to send £1 postal order with this?

Ahhhh, got it. Legal Library was the big hint .

Im cannot see anything do download in that library. Nothing says CPR, if I go into section 31 (31 Liability that cannot be excluded or restricted) then look for 14 theres nothing there other than this - 14 Goods to match a model seen or examined Am I missing something? J. p.s. Ack has been filed on MCOL.

Thanks. Doing it now. Presumably I also need to send the acknowledgement of service too? John.

I opened this bank account before 2007. I moved to a new (and my current) bank account around early 2010. So this debt is more than 6 years old. John.

Actually, I called my current bank and have been with them since February 2010. Doe this have any bearing on things from a statute barred POV? I have not paid anything to anyone regarding this debt since prior to Feb 2010.

Name of the Claimant ? LOWELL PORTFOLIO I LTD Date of issue – 22 JUL 2016 09 AUG 2016 (19 DAYS) 23 AUG 2016 (33 DAYS) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with The Sigma Financial Group Limited under account reference XXX ('the Agreement'). 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 21/12/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £3,327.98 remains due and outstanding. And the Claimant claims a) The said sum of £3,330 b) Internest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing to a daily rate of £0.729, but limited to one year, being £155 c) Costs. What is the value of the claim? £3750 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Old Current account with Barclays When did you enter into the original agreement before or after 2007? Before 2007 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. Assigned from Barclays to Sigma Financial Group Limited, claim issues by Lowell Portfolio I Ltd. Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, not aware or this. Did you receive a Default Notice from the original creditor? Unsure, not aware or this. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I do not believe so. Why did you cease payments? Bank charges were arguing every month and the account went into arrears. What was the date of your last payment? Something like 5 years ago. Was there a dispute with the original creditor that remains unresolved? I claimed back bank charges - looking at claiming back the packaged element as well. Assumption was that bank charges would have taken this debt into account. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? It was mentioned on the phone to them. There was a fraud issue on the account and they took thousands from the account and caused much financial hardship at the time as they response denying the fraudulent action went missing at their end so they kept taking thousands out of my account for 6 airline tickets I had not bought. This was settled eventually but led me to move to a new account. I don't believe without further overdraft charges I could have owed more than £1200. My overdraft was I think only £1000.

I had a county court claim arrive from Northampton (I'm in Coventry) for a debt I think is an old Barclays account but suspect was sold onto The Sigma Financial Group Ltd and is being claimed by Lowell. All the information is this - 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with The Sigma Financial Group Limited under account reference XXX ('the Agreement'). 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 21/12/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £3,327.98 remains due and outstanding. And the Claimant claims a) The said sum of £3,327.98 b) Internest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing to a daily rate of £0.729, but limited to one year, being £155.37 c) Costs. I've been away the best part of past 2 weeks so only saw this yesterday. Issue Date: 22 JUL Do I file the acknowledge of service with MCOL and then do the CCA request? Hopefully someone can help. John.

Hi all, I'll try to make this clear (it's anything but to me at least). It's a long story so I'll summarize it if I can. Had a house repossessed in 1999 which the Halifax sold in 2000 with a loss or shortfall of almost £8900 (actually, they sold the house for what I bought it for but with all their costs and interests etc..). This fell short in time frames for the statute whereby they won't chase you any longer and upon finally buying another house in 2007 they came after me for the money. Plus interest. So it's about 13k or so. I ended up getting a firm of solicitors involved to try and avoid going to court so ended up with a Tomlin order to pay the amount at £110 per month. Plus a nice bill form the solicitors I engaged for £1800. Ouch. Moving forward.... I was going through all the paperwork again as it's always bugged me and noticed something about a higher lending charge / policy and funds of almost £5500 being claimed back by the Halifax from this. So, to me, if they had a policy taken out and it only paid them out £5500 then how is that my problem? And if they are to receive this money then how can they reclaim it from me again? So, I spoke to the FOS and logged a complaint as I couldn't get the Halifax to explain this to me. Moving forward to a phonecall from them today... They have told me this charge / policy would only have paid £5500 and they have not received that so their loss is still £8900 so they are coming to me for this full amount (plus interest). I can't get my head around this at all. How is this my fault that they lent me more than they should (I get that) but the policy they took out to protect them hasn't paid them and wouldn't pay them the full amount? Does anyone have a clue on this? They are getting an expert to call me later apparently and I will get them to put this in writing. From what the guy told me today, this money is actually owed to the policy company and it should had been made clear by the intermediary company who sold me the mortgage how this would work (they didn't and they went bankrupt a long time ago). So, again, how does all this work? Anyone got any clues? Also, they stated the policy was from the Royal Assurance Company who, according to the FSA have never existed - the Halifax this morning said that they are actually now Aviva. So, if it's them the money is actually owed to, and not the halifax then does the 6 year statute for debt come into play in any way as surely Aviva should have been asking me to pay them back as they'd paid the Halifax. Thanks! If anything isn't clear please ask! I know this is not that clear, apologies!! Regards, John. Update- Ok, the Halifax have called back again and this is what they've said... The cover I paid for was for a policy between the Royal Assurance Company (now aviva) and the Halifax in case I defaulted or the house got repossessed. Apparently with this then the Halifax can then recover the total debt from me and pay this figure back pro rata, both the themselves and Aviva. So I've asked for copies of the policy I signed and the T's & C's and asked for them to explain this in plain English. I don't understand if any money has actually been paid to the Halifax via Aviva or if the Halifax has ever in fact been asked by Aviva to recover the £5500 or so. I did ask but she said this was not how this worked and they (the Halifax) would automatically come after me for the total amount. So I'm wondering, if this part of the debt (that is being collected on behalf of another company) could ever have been statute barred in any way and is it worth me contacting Aviva to see if this is even still live on their systems? Also, the woman from the halifax stated it would be paid pro rata back to both parties - can I ask to see this has happened? Does this make any more sense? Regards, John.

moving to correct forum