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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  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?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
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Lowell and SAV Credit Limited *** SUCCESS ***


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No the limitation act states that the clock starts from the date of the cause of action, or something like that?

 

In simple terms, the SB clock starts ticking from the day you fail to pay, and remains ticking until 6 years is reached, or you make a payment or written acknowledgment that you owe it, then it resets the clock.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ok

 

so the agreement was 2004

 

lowel wrote to me first about this april 2009. and said that my SAV credit limited account has been sold to them.

 

I wrote and told lowell i didnt know who they are later in the year.

 

so does it sound like SAV credit are another DCA i have mysteriously never heard of?

 

very confusing.

 

anyways i wrote to robinson way and sent them a copy of the agreement scanned (signature made unscannable)

 

and told them the agreement doesnt conform to sections 60(1) and 61(1) etc and cannot be enforced.

 

 

hope this is the way forward.

 

now waiting for response.

If i help feel free to click star on my post. cheers

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OK, So when did you stop paying toward this?

How much roughly is it?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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its about £650

 

i will have to hunt through old statements for a closed account to find out when i last payed.

 

cheers - will find that out when i get 5

If i help feel free to click star on my post. cheers

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  • 2 weeks later...

getting there - been sifting old statements from a closed account. Need to double check on another acc and then i will know

 

ta

If i help feel free to click star on my post. cheers

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Have you found out when you last made a payment on this account yet?

 

Late 2005 was last payment

If i help feel free to click star on my post. cheers

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thanks

 

Best to send to Lowell as they picked it up from SAV? or robinson way as they are the last lot to bug me about it

 

 

thanks

If i help feel free to click star on my post. cheers

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thanks so just send this or add anything?

 

 

Dear Sir/Madam

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from myself in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

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Hi

 

I'd keep it simple like this (courtesy of Brig)

 

Formal Notification re Limitations Act 1980

 

I refer to the above mentioned account.

 

I have been checking my records and I have concluded that the aforementioned debt is now statute barred and I will not therefore make any payment or

offer of payment now or in the future.

 

The OFT Debt Collection Guidance states states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

Yours faithfully

 

Send recorded.

 

It will up to them to prove it is not SB of they want to continue.

 

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thanks very much

 

Although i have delved deeper into this alleged debt - i have noticed the account number and card number is totally different from anything i recognise.

 

I sent a prove it letter ages ago as i never heard of SAV - i got sent back a crappy agreement with HFC/beneficial card agreement which had hand written account numbers on it and some lloyds banking group complement slip with a credit card number on it which i have never owned either! To be fair the agreement looks butchered anyways. shower of cack.

 

So really its highly unlikely i payed anything - maybe SAV changed details before they passed it on? who knows - I guess either way its over 6 years any way - so SB is the way to go right? :)

If i help feel free to click star on my post. cheers

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reply from robinson

 

they say - our client confirmed the agreement i recieved off them is sufficient to establish liability.

 

to update i sent prove it letter in 2009 and lowell sent me a copy of some agreement SIX months later. This agreement has no payment terms etc.

 

robinson also say they have no records of an on going dispute and a payment was made in 2008... So claiming NOT stat barred. My first letter from lowell was in 2009! I have checked my bank statements from the date they stated but obviously NOTHING was payed to them.

 

and now want my proposal for payment in 14 days

 

This is getting VERY annoying.

 

alledged debt with SAV credit - but the so called agreement is benny bank mastercard. Lowell suposedly obtained it from lloyds banking group as they stapled the complement slip from them to said "agreement" Thing is though i have an old statement from my old mastercard and the number is totally different to what they claim is mine....

 

What now? I have SAR'd HFC today for various info for a few things - I will have proof the card number isnt mine but SAR will take a while.

If i help feel free to click star on my post. cheers

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If they claim a payment was made ask for proof and if they can't provide it they will have to accept it's statue barred. It's not uncommon for DCA's to claim this.

I'd want details of the account and the amount, failing that I wouldn't bother to respond if you are sure.

They won't take it further not for an old debt they paid pence for.

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OK so robinson way write back and all they can say is the information about "payment" in 2008 was from their client and did nothing to prove this. I asked amount, account etc. (i made no payment anyways)

 

they then say they are no longer instructed to deal with this matter and the "account" has been closed on our files and returned to the creditor.

 

I asked for a copy of their complaints procedures which in reply they say - please find enclosed - BUT didnt bother to include with the letter lol...

 

So RW are ducking out of this one it seems...

 

Back to Lowell. Lowell know damn well I never made any payment.

If i help feel free to click star on my post. cheers

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i told robinson way its stat barred - they say lowell told them a payment was made in 2008 - checked CRA files AND bank statements an no payment was ever made

 

clutching at ways to stop me stat barring so they can annoy me further and try to pressure me.

 

I will just wait and see what crock of XXXX lowell come up with now

If i help feel free to click star on my post. cheers

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I am writing to lowell

 

should i use their PO box number , PO Box 172, Leeds LS11 9WS or would it be best to write to their registered office - enterprise house, 1 apex view, leeds LS11 9BH

 

thanks

If i help feel free to click star on my post. cheers

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Is that it? That's not an agreement. It's even a poor excuse for an application form. There is not one prescribed term on it - credit limit, interest rate and repayment schedule - and no Terms and Conditions. I take it you also didn't get any statements. Lowells can go and whistle. I would simply write to Lowells Complaints Department and tell them that as far as you are concerned the matter is finished and any further contact from them pursuing a non-debt will be reported to the OFT Consumer Credit Licence Fitness Department. Then I would ignore anything else they sent.

 

just looked back and missed this - no i didnt get any statements

If i help feel free to click star on my post. cheers

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