Carter/lowells claim form HBOS loan - help

[N-Hope]

Hi Guys,

Help is urgently needed here.

 

Although, I have been following some discussion that relate to my issue.

 

First I will say this forum is a remedy for depression,

when this deb companies started chasing me i was like a mad person.

 

I just received a claim form from Northampton BC regarding Lowell Porfolio/HBOS debt purchased.

 

the amount is under £2000.

 

This was a balance from the unsecured loan took over 10years ago

but due to no job i stop this payment about 6years back

and that was my last contact with HBOS

and i have never had any contact with BC or Lowell.

Please what should i do?

[sequenci]

Do you think they could be over six years where you made no payment?

[N-Hope]

yes, i should think so.

[sequenci]

And also, during that time you have not written to them at all?

[N-Hope]

thanks for your prompt response, i really appreciate it.

I have not

[sequenci]

It appears that your debt has the potential to be 'statute barred' under the Limitation Act. More info on what that means here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

 

I'm going to flag this thread to the rest of the team, let's see what we can do to help.

 

Hold fire

 

Seq.

[N-Hope]

since the payment was by direct debit and i have stopped using the account and i don't get any correspondence anymore from HBOS, but i would check for last bank statement to confirm.

thanks!

[sequenci]

If you can find out for us that would be incredibly helpful.

 

Let us know

[N-Hope]

ok, thanks.

 

because I have current account with them (HBOS) and for the fact that I don't have money in the account they still debit the account till 2008 before they stopped and the last correspondence I received from HBOS was 2009.

[BRIGADIER2JCS]

Check credit reference files for this account, Equifax and Experian have free 30 day trials (cancel before end of trial period) Noddle from Call Credit is free but not always up to date.

The files should give you some idea of the relevant dates.

[N-Hope]

Okay, I will do that and get back to you, should i look for the time it was put in my record.

Also should I wait and get the information before I complete the claim form.

On the claim form, Lowell claimed that the debit was purchased/assigned sometimes last year.

Thanks!

[BRIGADIER2JCS]

Yo

Okay, I will do that and get back to you, should i look for the time it was put in my record.

Also should I wait and get the information before I complete the claim form.

On the claim form, Lowell claimed that the debit was purchased/assigned sometimes last year.

Thanks!

#

You need to look at the default date it will give an indication as to the status of the debt, e.g. the default date can be up to 6 months after the cause of action i.e. The last payment made, so from what you have posted so far it seems this may already be S Barred.

 

 

Lowell are chasing a lot of these lately.

 

 

Get the date and come back. I have some effective suggestions as to how to deal with Lowell.

[N-Hope]

I will do that I get back. Thanks.

[Peterbard]

I would have a look at the National debt-line guidance posted earlier in this thread for a reliable idea of when the SB clock starts to run, it will not be on the last payment and may be some time after.

 

The notice on you credit file is also no indicator of when this may be, they can register the account as being in default before or after cause of action for the purposes of the statute of limitation.

[N-Hope]

Thanks Dodge, I have checked the National debt line, if it's less than six years, what should i do? should I dispute it and ask them to provide me supporting documentations and send a defense to court as I can't remember still own this money.

[N-Hope]

Hi Brigadier2JCS, i don't think equifax are helpful they are asking for proof of identity by post or online submission. should i send it to them and is it safe?

[Peterbard]

Thanks Dodge, I have checked the National debt line, if it's less than six years, what should i do? should I dispute it and ask them to provide me supporting documentations and send a defense to court as I can't remember still own this money.

If you are going to defend you ned to acknowledge the claim in order to give you extra time to prepare.

 

Have you sent a request off for a copy of the agreement under section 77(if it is a fixed sum loan) if not I would do so.

 

What was the term of the loan and when did you take it out, did you ever receive a default and/ or termination notice ?

[BRIGADIER2JCS]

Hi Brigadier2JCS, i don't think equifax are helpful they are asking for proof of identity by post or online submission. should i send it to them and is it safe?

 

 

The CRAs are all 'safe' usual ID is is a Debit or Credit Card registered at your current address.

[AndyOrch]

because I have current account with them (HBOS) and for the fact that I don't have money in the account they still debit the account till 2008 before they stopped and the last correspondence I received from HBOS was 2009.

 

So you need to find your last credit date to the current account....in view of the above I would surmise it has racked up unfair charges.

 

Regards

 

Andy

[citizenB]

You need to keep an eye on the timeline which will be as follows (you will need to put your own dates in)

 

Date of issue ?????? (top right hand corner of the claim form near the claim number) Plus 5 days for service = XX/XX/XX + 14 days to acknowledge the claim = XX/XX/XX if you acknowledge and state you are intending to defence you will receive a further 14 days = XX/XX/XX

 

 

Can you please let us know exactly what it says on the claim form eg.. the reason they have issued the claim, minus any personal details.

[N-Hope]

I have not sent the request off for copy of the agreement.

 

The loan was unsecured personal loan fixed rate, the default was 2009.

 

The loan was in 2003

I can't remember receiving default notice

[Peterbard]

I have not sent the request off for copy of the agreement.

 

The loan was unsecured personal loan fixed rate, the default was 2009.

 

The loan was in 2003

I can't remember receiving default notice

 

You need to get the section 77 request off ASAP, perhaps someone on here will link you to a template,

 

You say the loan was taken out in 2003 what period was it over(how many months)

[N-Hope]

It was for a period of 84months. thanks

 

The last statement I have for this account was in 2008....

[Peterbard]

Do you have a copy of the agreement ?

[N-Hope]

under the particulars of claim: it says was that .... the claim for xxxxx due under an agreement between the original creditor and the defendant to provide finance/service or goods

 

I don't have any copy of the agreement.

 

Hi, what is the consequences of this litigation pls. and how do I defend this.

 

What chances do i have.......