Lowells/BW Claim form - old A&L Credit Card 'debt'

[Mandy3407]

I had a credit card debt with Alliance and Leicester going back 6 years ago (at an old address and a different name).

 

The debt has changed hands a number of times (although same group of companies).

 

just received the following claim form from Northampton Bulk Centre on behalf of Lowell Portfolio 1 from BW Legal (are they part of the same Group??).

 

‘The Claimant’s Claim is for the sum of xxxxxx being monies due from the Defendant to the Claimant

under a Financial Services agreement regulated by the Consumer Credit Act 1974

between the Defendant and Equidebt under account reference xxxxx

and assigned to the Claimant on 08/10/12 notice of which has been given to the Defendant.

 

The Defendant failed to maintain the contractual payment under the terms of the agreement and

a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984

at a rate of 8.00% per annum (a daily rate of 0.94 from the date of assignment to the date of issue () being an amount of xxxxx’

 

My questions are as follows:

 

I am 99% sure that the last payment I made was in February 2008 and therefore the debt is over 6 years old and statute barred.

 

However, checking my credit report it states the account was defaulted on 16/08/2008. Which date should I be using?

 

If it is when the account was defaulted by the Company then surely all companies would leave their default notices until later periods.

 

I have never acknowledged the debt to anyone.

 

The account with Alliance and Leicester (now trading as part of MBNA I think),

was opened in 1999 and I do not have a copy of the original agreement.

 

The account reference they have used differs from the account numbers I have received previously

(although any letters I had received recently from Lowells went straight into the bin!)

 

The name on the form is my married name (I have since reverted to my maiden name).

 

Also

I have never had any dealings with Equidebt apart from a letter from MBNA

informing me that they have assigned my account to Equidebt

(did they not go into administration some time last year?),

who must have then sold the debt to Lowells,

who moved it to Red and then Hamptons and then to Lowells Portfolio (so confusing!!!!).

 

I am going to defend the case on the basis that the debt is statute barred

but need to know what information I need to try and obtain for my defence

(e.g. copies of the original agreement, etc) and who do I request this information from.

 

I am quite sure that as the account was opened pre-2000 that they will not have a copy of any signed agreement.

 

I also strongly believe that this is a last ditch attempt by Lowells to try and scare me into obtaining the money

as I have completely ignored their letters and messages in the past

and they know that if I do not defend it they will get a judgement against me

which they can chase me for any money.

 

Any help greatly appreciated.

[renegadeimp]

The default date can be months after the cause of action that would consititute the SB start date. Time for you to send a CCA to lowells and SAR the OC. Lowells dont care if the debt is legit or not. They issue court claims like confetti. Remember, the onus is on lowells to prove the debt isnt statute barred, and 99% of the time they invent an amount and a date up. If we did it, it would constitute fraud. When they do it, it's "an admin error".

[dx100uk]

to complete the data we need

 

what is the date on the top right of the claimform please

 

dx

[oleg]

A&L sold their credit card business to MBNA.

 

I've yet to see an original of these agreements retrieved. I suspect A&L shredded them.

 

MBNA failed to issue default notices on some - though not all - of these accounts when they assigned to Equidead. Rather EQ issued them. In other words, a D N on an account that has been terminated and sold. mmm

 

So even if not S B [which can most probably be argued as being calculated from your last payment], you stand a good chance of defending as unenforceable on other grounds.

 

B W are not part of Lowell but do get into bed with them.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Please read the thread linked above. Provide us with the information that we ask for - post it in this thread.

 

There are linkes to the relevant CPR requests that you can use to obtain information/copies of documents in the thread linked above, but we can advise better once you provide information requested.

[Mandy3407]

CitizenB - Info as requested.

 

Name of the Claimant ? Lowells Portfolio 1

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 1 May 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Non-payment of credit card

 

What is the value of the claim? £5,100

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? - Yes

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? 1999

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure - can't remember

 

Did you receive a Default Notice from the original creditor? - Again not sure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not sure

 

Why did you cease payments:- Financial difficulties

 

Was there a dispute with the original creditor that remains unresolved? - No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - No communication whatsoever

 

I will be sending off letters to Lowells, etc requesting copies of the original agreement, etc today but I am not holding my breath.

[citizenB]

Ok, your timeline is as follows..

 

Issue date 1st May 2014 + 5 days for service = 5th May (this was a bank holiday) + 14 days to acknowledge = 19th May (so you need to get that done by Monday if not already sorted) . If you are going to defend then you will receive a further 14 days which will be 2nd June 2014.

 

Their POC

 

‘The Claimant’s Claim is for the sum of xxxxxx being monies due from the Defendant to the Claimant

under a Financial Services agreement regulated by the consumer credit Act 1974

between the Defendant and Equidebt under account reference xxxxx

and assigned to the Claimant on 08/10/12 notice of which has been given to the Defendant.

 

The Defendant failed to maintain the contractual payment under the terms of the agreement and

a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984

at a rate of 8.00% per annum (a daily rate of 0.94 from the date of assignment to the date of issue () being an amount of xxxxx’

 

I am a little puzzled that they say this was an agreement between you and Equidebt ? Equidebt were a Debt Collection / Purchasing company - Did you enter into any payment arrangement with them ?

 

You believe the last payment made to the account was in February 2008. There has been great discussion over when the cause of action occurs IMHO, it is from the first missed payment. So assuming that you made your payments on the 10 of each month. Your last payment 10.02.2008 - first missed payment 10.03.2008 which would give them the right to start demanding their money.. They need to issue a default notice which gives you 14 clear days in which to remedy the breach. If you dont do that then they have the right to terminate the account and sell it on. So shuffle forward to 10.04.2008 which gives them the time to issue the DN and you not remedy it - they can then lawfully terminate and assign the accoutn if they so wish (it is IMHO irrelevant if they dont, they can ) So yes, you might just have been able to squeeze in with the statute barred.

 

You need to send hte following letters as a matter of urgency. You should send by recorded delivery at the very least, but if this were me, I would be sending by Special Delivery.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

In the letter linked above you can ask for the following.

 

1: Agreement

2: Copy of hte Default notice ( you wont get this, they simply dont keep copies, but no harm in asking)

3: Copy of the Notice of Assignment.

 

Then you need to send the following CPR Part 18 request. This is a request for information only. You cannot ask for documents as they are not mentioned in the Particulars of claim.

 

You are looking to establish when exactly the last payment was made to the account.

 

 

[ATTACH=CONFIG]50987[/ATTACH]

[citizenB]

You can send the above 2 CPR requests in the same envelope, they must be sent to the Solicitor named on the Claim form.

[Mandy3407]

Thank you for all your help.

 

Only info I ever received regarding Equidebt was when MBNA informed me that they were passing the account on to them. No contact and no agreement ever set up with anyone.

 

Letters all completed and sent and now await the outcome which I will keep you posted on.

[Mandy3407]

Just received a letter back from BW who have passed the information on to their client and who may have to refer back to the original creditor.

 

They will seek to ensure that I get the information within 14 working days.

 

Could someone please clarify when the 14 working days start

- is it from the receipt of my original request or from the date on their letter?

 

Either way the information will not be received in time before I have to put my defence in to the Court.

 

They also state the following

 

"In the meantime we await the completed income and expenditure form" and to call "if I have any questions."

 

I thought that I only needed to complete the Income and Expenditure Form if I admitted the claim.

 

Is this some sort of trick to get me to call them or to admit the claim?

[dx100uk]

yes a trick.

 

you keep to YOUR timeline - do NOT miss it

 

there are many examples here of a defence for a credit card with no paperwork

 

dx

[Mandy3407]

Not sure whether to make my defence shorter or not but planning on sending the following. Any comments much appreciated.

 

1. I xxx, the defendant, in this action make the following statement as my defence to the claim made by Lowell Portfolio 1 Ltd.

2. Except where otherwise mentioned in this defence I neither admit nor deny any allegation made in the claimants particulars of claim and put the claimant to strict proof thereof.

3. No documents supporting the claim in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon and so the claimants claim appears without merit.

4. As a result the claim as pleaded does not contain sufficient particulars to permit the defendant to file a properly particularised and pleaded defence. The defendant has made a request for disclosure pursuant to Part 31 of the CPR to the claimants solicitor to allow me to properly respond to the claim. However the claimants solicitor does not have the information and has requested said information from the client. Would have liked to have put something about the fact that perhaps the solicitor should have had this information before progressing with this claim but thought it might cheese the judge off!

5. It is denied that the defendant has entered into an agreement with the claimant or with Equidebt. Original agreement was with A&L, who were taken over by MBNA and then given to Equidebt. Also account ref does not relate to my original account ref.

6. If which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The claimant is put to strict proof as to the date and terms of such agreement.

7. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the consumer credit act 1974. It is not admitted that any alleged agreement is enforceable within the terms of the Act. As the dependent does not have a copy of the said agreement the claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since it's inception.

8. It is also averred that if the alleged agreement is subject to the Act before proceedings may be commenced the claimant must have served the defendant with a valid default notice. It is not admitted that any valid default notice was ever served upon me and the claimant is put to strict proof.

9. If, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The claimant is put to strict proof as to how the sum claimed had been calculated and as to how the sum claimed is lawfully owing.

10. Further it is denied that any alleged contractual account charges and any interest applied thereon which makes up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law.

11. It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the claimant and are therefore void.

12. Without admission that any cause of action is shown by the claimant it is denied that the dependent indebted to the claimant as alleged or at all and the dependent seeks an order that the claimants action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the claimants case it is requested that the court orders full disclosure of the requested documents pursuant to the CPR. The defendent respectfully asks the permission of the court to amend this defence if or when the claimant provides full disclosure of the requested documents and allows inspection of the original documents.

[Mandy3407]

I have received a letter back from BW Legal stating that Lowells will be defending the claim and they are notifying the Court.

 

I still have not received any of the information that I originally requested

 

so not able to submit an amended defence.

 

Is there anything I should do or should I just wait for the Court to contact me.

[dx100uk]

so BW have run away

 

that's good

 

and usually results in lowells dropping the case.

 

dx

[dx100uk]

as long as you filed that's ok.

 

dx

[Mandy3407]

Received notification from court to complete a directions questionnaire which I have done and indicated that I am happy to go to mediation. However I still have not received any of the informaton requested from BW Legal and Lowells. Should I contact them requesting this or wait until we get a court date. Must admit its a bit hard trying to defend a case that you have no evidence for!