Carter/lowells claim form HBOS loan - help

[N-Hope]

Thanks and have a good night.

[AndyOrch]

First off.... have we established if the debt is in fact Statute Barred?...i'm somewhat sceptical of the entry by Lowell placing the Default marker at 2009...this will be when the debt was assigned..but when did HBOS place the default marker?

 

Andy

[N-Hope]

Hi Andy,

Yes, the debt is not SB.

on the credit record HBOS default date was 2009 also lowell.

cheers!

[AndyOrch]

Okay thanks....back shortly

[AndyOrch]

Once the guests subsides...shame they have been watching since 9.00am:-(

[N-Hope]

okay thanks!

[AndyOrch]

Here is a proposed defence...check for accuracy/detail or edit to suit ,copy and paste into MCOL and print your receipt as proof of submission.

 

[ATTACH=CONFIG]49239[/ATTACH]

 

Regards

 

Andy

[N-Hope]

Hi Andy, Thanks for all the efforts. I will do as said.

cheers!

 

Should I write statement of truth?

[AndyOrch]

Not required on MCOL

[N-Hope]

Okay thanks!

[N-Hope]

Hi All/Andy, Just an update, I received acknowledgement letter to the defence, saying copy has been sent to claimant/solicitor and the claimant/solicitor may contact you directly to resolve the dispute, if it can not be resolved informally or wish to proceed they have 28days.

So I should hear from both end soon.

[AndyOrch]

[N-Hope]

Thanks!

[N-Hope]

Hi All/Andy, I am still waiting to hear from BC if they are proceeding or not.

But just checked my credit file, I noticed that lowell put DF on my record for the claim amount also HBOS put DF for the actual amount that is less than the claim amount. My question is, if the debt has actually been bought by lowell why is HBOS still showing DF for the same debt. Starting from the month lowell said they bought the debt HBOS stopped showing DF, now both of them are showing DF for the same debt. Any advice will be appreciated please? Thanks.

[AndyOrch]

Your credit report is a credit history. That history documents the life of a debt. As a result, it will show both the original lender and any subsequent collection accounts. However, they are not seen as two separate debts. Instead, a collection account is recognized as a continuation of the original debt.

 

The account you had with your bank should be listed as charged off. It could also show that it has been sold or transferred to a collection agency. Charged off, transferred or sold are considered a final status, essentially the same as closed. As a result, that account entry is no longer an active debt. However, it will continue to appear on your credit report to accurately reflect the account history.

 

The collection account now represents the active debt. Usually, a collection account indicates that it was purchased from or transferred from the original lender.

The collection agency may then sell the account to another collection agency. The first collection account then would be reported as sold or transferred, and the new, active collection account would be added to the credit history.

 

Because a collection account is treated as a continuation of the original debt, it will be deleted at the same time as the original account. The original account and subsequent collection accounts will be deleted seven years from the original delinquency date. The original delinquency date is the date of the first missed payment after which the account was never again current.

The collection agency is required by law to carry over that original delinquency date from the first account and report it to the credit reporting company. That ensures the collection account is deleted at the correct time.

 

Regards

 

Andy

[N-Hope]

Thanks Andy, but both collection and original lender are showing DF.

Anyway, I will keep an eye on the record if any changes.

Many thanks for the information.

cheers!

[AndyOrch]

As stated above it may show various times...but its all the same debt/default so is only taken into account once.....and the rest of the trail is there for history.

[N-Hope]

Thanks, I will keep you posted.....

[N-Hope]

Andy/All, how are you and how was your weekend?

[AndyOrch]

We are very well thanks N Hope and suitably refreshed to pick up and take on the enemy on this beautiful day:-)

[N-Hope]

I just received 4 letters from BC and I tried to send it in pdf but it's not uploading.

 

Please attached are the letters..

[AndyOrch]

And there you have your BC Consent...its your choice now if you wish to end this or proceed.

 

Andy

[N-Hope]

Well, I think it is better to proceed as they have not prove to me that I actually own the money. however, if they have attached the agreement and evidence of assignment I will end it.

 

Aside that my defence relies on CPR r 16.5 (3) and they should respond to that..

 

Even, If I proceed would it add to the cost?

My question is, can they ask the court to strike out my defence as stated on the letter?

[AndyOrch]

Thats your prerogative ...they may disclose at Standard Disclosure (when you get to that stage) the Court may decide given the overriding objectives and balance of probabilities they will find in the claimants favour..or if you refuse the consent order BC may just discontinue the claim....

 

Just some points you should take into consideration when making your decision.

 

Andy

 

Even, If I proceed would it add to the cost? Yes

My question is, can they ask the court to strike out my defence as stated on the letter?

Yes

[N-Hope]

Thanks Andy, I really appreciate your advice, I will look into it, but I can't give up like that, I would love to see the end of it......