Lowell's/Hampton's - claimform - Barclaycard debt - 20k - Help

[AndyOrch]

Hi Stroud.

 

I will run through your thread shortly and get back to you re defence.

 

Andy

[stroudsco]

Thanks Andy!

 

& thanks to citizenB as well, sometimes I cant see the wood through the trees!! I have now seen the donate button all done, hope to keep helping you helping consumers over the next couple of threads as well...

 

I have a huge possible donation available with regards to DB that hurt us a couple of years ago and have now written to us... will let you know when I have finish this one

[citizenB]

Thanks for looking in andy..

 

I am not in the least surprised at the attitude of Lowells, stroud I think they must absolutely hate it when people defend

 

I am rather surprised that they arent taking legal advice themselves.. as they would surely be advised they are not doing things by the book.. but hey.. what is new with this crowd?

[stroudsco]

To be honest citizen I did get into all sorts of trouble back in 2007 when my businesses went bang, I did get blagged into a dodgy self certified mortgage in 2007 by a broker as we had £200k in the house, so we took out £100k to raise cash to pay things off ( this is the DB thing I mentioned, they did a complete number on us, but by the letter we have recently received by db and FSA we may get something back ), we did however settle nearly all the debts, just one with Lowells was left from back then which we agreed to and oddly enough paid off last month.

 

For the last 6 plus years we have asked them for the proof of the debt, 4 / 6 weeks ago I asked them including confirming on a phone call to a supervisor that I required CPR, that was after reading your site, had nothing through then they added the interest taking it to nearly £22k - are they mad?

 

I give them time to produce the normal docs and they put the phone down on me!

 

It's outrageous!

 

You guys and girls are angels, if you need any free design, advertising or promotion just give me a shout, I will continue to donate as often a possible!

[citizenB]

[AndyOrch]

The Claimant claims:

 

1. 16841.62

2. Statutory interest pursuant to section 69 of the county courts act ( 1984 ) at the rate of 8% per annum from 21/05/08 to 20/10/11 4595.69 and thereafter at a daily rate of 3.69 to date of the judgement or sooner payment.

 

Agreement xxxxx ; 21/05/08 ( my agreement with them? )

 

Claimed £21,437.31

 

Court Fees £310.00

 

TOTAL £21747.31

 

 

Assuming this is Statute Barred ( without all the details )

 

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence inthis particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

 

 

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 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 £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Regards

Andy

Edited November 21, 2011 by Andyorch

[stroudsco]

Dear Andy,

 

Thanks for your help so far with lowells, does it matter that I don't even know what debt they are talking about ?

 

They have never sent any documentation or agreement therefore I don't even think i have a debt for this amount with barclaycard? I did have a barclays select account which was owed £15k in 2005 and I settled it, also i did have a barclaycard back in 2004 which I also believe to be settled, this also didn't have a high limit so could not have been for £16k however cant find any paperwork at all and a call to barclays didn't help either.

 

If I am saying that i believe it to be statue barred is that acknowledging the debt....

 

You know best sir!

 

I am completing online tonight and sending recorded tomorrow , deadline is 23rd, still heard now't from Lowells!

 

I never had an agreement with them either?, sorry, what do you mean ' without all the details ' ? am I being stupid, I don't include that do I ?

 

I'm good at advertising and design but not law or letters

 

Thanks again

 

Dave

[AndyOrch]

Dear Andy,

 

Thanks for your help so far with lowells, does it matter that I don't even know what debt they are talking about ? No its for them to prove the claim

 

They have never sent any documentation or agreement therefore I don't even think i have a debt for this amount with barclaycard? I did have a barclays select account which was owed £15k in 2005 and I settled it, also i did have a barclaycard back in 2004 which I also believe to be settled, this also didn't have a high limit so could not have been for £16k however cant find any paperwork at all and a call to barclays didn't help either.

 

If I am saying that i believe it to be statue barred is that acknowledging the debt.... No its simply defending your position if you dont they will get judgment by default

 

You know best sir!

 

I am completing online tonight and sending recorded tomorrow , deadline is 23rd, still heard now't from Lowells!

 

I never had an agreement with them either?, sorry, what do you mean ' without all the details ' ? am I being stupid, I don't include that do I ? No thats me without all the history to hand

I'm good at advertising and design but not law or letters

 

Thanks again

 

Dave

 

No problem Dave hope it does the job.

Regards

Andy

[stroudsco]

Hi Team,

 

Sent my defence yesterday by email and by recorded delivery.

 

Have had a letter from Hampton's today, yesterday was the final day for defence.

 

Letter goes like this....

 

 

Lowell Portfolio I ltd V Me

Claim Number -

Ref -

Original Client - Lowell Portfolio I Ltd ?? - how are they the original client

Original Ref:

Balance - £21,872.80 - it has gone up nearly £150.00

 

Dear Mr xxx

 

We write in reference to your recent correspondence, the contents of which have been noted.

 

We can confirm that we have requested documents from the original client which will be forwarded to you upon receipt.

 

Please note that the is no legal obligation that states we must send this information within a certain period and we advise that, as we do not hold copies of these documents within our offices, we cannot state a time period in which these will be received.

 

We trust this is satisfactory and if you have any further queries in the mean time then please don't hesitate to contact us on 0113 308 60xx

 

is this right ?

 

Thanks

[stroudsco]

opps

[BRIGADIER2JCS]

Time Limits for a SAR 40 days for CCA request 12+2 days.

 

Required by DPA and CCA 1974.

[stroudsco]

Thanks for your comments....

 

Should I leave it now I have put forward my defence?

 

Could they say that they had informed me that the documents would take a while, saying that they trusted this would be satisfactory....

 

or should I write back saying that this is not satisfactory and that they are legally required to produce the documents requested

 

Thanks

[stroudsco]

Any thoughts

 

Should I write back quoting there wrong?

[AndyOrch]

It basically means they have nothing but will try (yea right) let them take as long as they wish your defence is submitted now and its SB anyway.

 

Andy

[stroudsco]

cheers buddy!

[BRIGADIER2JCS]

Yes it is deliberate misinformation the time

limits are laid down in guidance and CCA 1974.

[stroudsco]

Thanks again people

 

 

Further to your letter received today 24/11/2011, I see you are trying to confuse matters with regards to your claim.

 

You note that you are claiming now £21,872.80 for your Original Client – Lowell’s Portfolio Ltd which is different to the claim form I have received, I see that you must be adding interest for the amount claimed to have jumped by £150 in a week or so, Just to state I have never had or have taking out an agreement with Lowell’s!

 

You state there is no legal obligation to send out information or documents that have been requested under CPR 31.14 within a certain time limit and that you cannot or will not state how long it may take, this is exactly the response’s I have had from every different part of the lowell’s group for some 6 years.

 

I would hope you could understand the stress that you and your company has put on us over this time period, you want a family with children to care for including a child with special needs receiving disability allowance to pay you nearly £22,000, for something we believe to be paid.

 

I have two documents for Barclays one is a select account which did default, but was paid in 2007 and the other a Barclaycard that shows a zero balance, the last payment to this was in 2004.

 

I am not sure if I should be contacting you with regards this matter anyway as you are not listed on the claim form, I had to post my defense on the 22nd as you were aware, which has been done, also I think you will find that with regards to time limits you are incorrect as they are clearly laid down in guidance and CCA 1974.

 

To answer your letter this is not satisfactory, however it is what I have come to expect with 6 years of harassment from your group of companies

 

Regards

 

 

This OK to go

[AndyOrch]

CPR requests are usually expected to be dealt with within 10- 14 days, there is no provision laid down on a time limit, its just considered civil.

With regards to above letter IMHO I would not waste a stamp.

 

Regards

 

Andy

[stroudsco]

Good call.

 

won't send

[citizenB]

As andy says, you dont have to respond to them now.. your defence is in.

 

It is fairly obvious from their last response to you that they were hoping that you would just hang in there and wait on them providing information at their leisure.. that way they would obtain a Judgment by default. You have scuppered that for them

[stroudsco]

So now I just wait to hear then

 

What happens if they don't do anything in the 28 days?

 

Should I expect to hear from them again in a year with the same claim...

 

Thanks

 

d

[AndyOrch]

So now I just wait to hear then

 

What happens if they don't do anything in the 28 days? The matter is stayed until (if) they decide to lift and proceed.

Should I expect to hear from them again in a year with the same claim...Possible but you could object

Thanks

 

d

 

Andy

[stroudsco]

Hey

 

Just thought I would drop in advice that no news at the moment.

 

No doubt they will it till the 24th December.... BAH HUMBUG!!

 

I have another couple of delightful issues to post one from DB Mortgages... as we were one of the few that consolidated due to company failure, were ripped by a broker ( paid £12,000 ) by DB only to be bent over on rates and a mortgage that goes 5 years beyond retirement.... PLEASE SIR.... I DON'T WANT ANYMORE!

 

Anyway chat soon and to all a debt free Xmas!

 

Unlikely here!

 

Dave

[stroudsco]

Hi,

 

Just a quick update, still no news...

 

Happy Xmas and speak soon...

 

d

[citizenB]

And a Happy Christmas to you as well, stroud