Lowell/carter Claimform - HBOS Current A/C OD 'debt'

[joes]

Hi,

 

I just got a county court claim form for the Claimant Lowell.

 

I have never had any contact with them.

 

They are collecting on behalf of HBOS.

 

They have sent me letters in the past which I ignored as I have no contract with them.

 

Can they legally do this?

 

My contract was with Halifax, not Lowell.

 

Please advise.

 

Much appreciated.

 

Joe

[rebel11]

Hi joes

 

Welcome to CAG

 

Don't panic.

 

Answer the questions in post (1)

 

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

 

The guys will advise as soon as they are available.

 

Thread moved to correct forum.

[joes]

hi Rebel11,

 

Thanks for such a quick response.

[joes]

Hi Rebel11,

 

Thanks for such a quick response. In answer to your questions:

 

The claimant is LOWELL PORTFOLIO I LTD

RE: LOWELL FINANCIAL LIMITED REGISTERED OFFICE

ELLINGTON HOUSE

SAVANNAH WAY

LEEDS

LS10 1AB

 

Date of issue was 11 JUNE 2014

 

Particulars of Claim

 

THIS CLAIM IS FOR 900.00 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS.

 

THIS DEBT WAS ASSIGNED TO/ PURCHASED BY Lowell Portfolio I Ltd ON XX/XX/2013 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925.

 

PARTICULARS

Re: HBOS PLC

A/C No xxxxxxxxxxxxxxxxxxxxx

 

AND THE CLAIMANT CLAIMS 900.00

 

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/2013 TO DATE AT 8% PER ANNUM AMOUNTING TO 7

The above was all almost verbatim. It is signed by Bryan Carter, the claimants solicitor.

 

If I remember correctly it is for a bank overdraft post 2007.

 

The claim is issued by a Debt Collector and not the bank.

 

I was not aware the account had been assigned. I am not aware of having received any such notice.

 

Yes, I received default notice from original creditor six months after defaulting.

 

I'm not sure but I think I have been receiving yearly default notices from the original creditor.

 

Payments ceased due to lack of income resulting from injury at work, I'm currently battling near homelessness. It's all had a domino effect. There is no unresolved dispute with the original creditor. Unfortunately, I did enter into a debt management plan with the original creditor.

 

I've answered the questions the best I could. Can I ask what a CCA1974 and a CPR 31.14 is?

 

Can I ask what you think the prognosis of my situation is?

 

Many thanks once again.

 

joes

[dx100uk]

sadly as its an overdraft? you cant CCA them.

 

look in the library [top left green tab] for the current account CPR 31:14

 

you can request the documents they state in the claim

NOA

DN

 

is the account number 16 digits

 

have you checked your credit file too?

[dx100uk]

send the cpr to LOWELLS NOT CARTER

[joes]

send the cpr to LOWELLS NOT CARTER

 

Thanks dx100uk

 

The account number is 11 digits. It's sort code plus account number.

 

What is a CCA? and a DN?

 

Since my time is limited in sending a response to the court,

would I fill in the form asking for more time.

And on what basis would I be disputing the debt?

 

I have no contract with a third party.

 

Would that not be sufficient to dispute a claim?

 

I have not entered into any agreement with them.

 

Thanks

 

joes

[joes]

Not sure if this is relevant, but they've made an online claim.

 

I know this from the court and solicitor fees charged. £60 and £70 respectively.

 

How would they have submitted documents online to prove their case of a claim against me?

 

Could it be possible they could have sent documents which would not be clearly identifiable if sent in electronic form?

 

I've read elsewhere that this firm is known for producing documents, purporting to be from the original creditor,

such as notice of assignment.

 

Any thoughts? Anyone?

 

Thanks.

Edited June 15, 2014 by ims21

[letsgetitsorted]

All of the claims submitted by Lowells/Carter are done online,

 

they never submit any paperwork to support their claims,

 

they rely on the defendants just to panic and pay up.

 

you need to acknowledge the claim online, and mark as intend to dispute.

 

then once done that you will need send Lowells and Carter a cpr 31.14

(I sent requests to both to see what came back)

request asking for all documents they they rely on to proceed with the claim

 

these include the Notice of Assignment

and the Default Notice

these are 2 pieces of evidence that they need to bring a claim.

 

with my claim,

once I asked for the information,

as they could not provide the information they folded

and the claim was discontinued,

 

like many other, I am not saying this will happen in your claim but it might.

 

when was the last time any payments where made to anyone with regards to the account.

 

a CCA is a Consumer Credit Agreement

 

the claim form you have received is their standard template claim form

 

hope that helps...

[citizenB]

Whilst there is no "agreement" as such, you should have received a "Facility Letter" and as overdrafts are renewable, I think these had to be sent out yearly.

 

You need to send the following letter (suitably amended) to the solicitor acting on behalf of the claimant. This is a CPR 31.14 request drafted specifically for a current account claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

You can request..

 

The Facility Letter

Notice of Assignment

Statement of account showing how the £sum being claimed has accrued.

[citizenB]

Your timeline is..

 

Date of issue 11.06.2014 + 5 days for service = 15.06.2014 + 14 days to acknowledge the claim = 29.06.2014 + 14 days to submit a defence = 13.06.2014

[joes]

All of the claims submitted by Lowells/Carter are done online, they never submit any paperwork to support their claims, they rely on the defendants just to panic and pay up.

you need to acknowledge the claim online, and mark as intend to dispute.

then once done that you will need send Lowells and Carter a cpr 31.14 (I sent requests to both to see what came back) request asking for all documents they they rely on to proceed with the claim these include the Notice of Assignment

and the Default Notice

these are 2 pieces of evidence that they need to bring a claim.

 

with my claim, once I asked for the information, as they could not provide the information they folded and the claim was discontinued, like many other, I am not saying this will happen in your claim but it might.

 

when was the last time any payments where made to anyone with regards to the account.

 

a CCA is a Consumer Credit Agreement

the claim form you have received is their standard template claim form

 

hope that helps...

 

 

Thanks so much letsgetitsorted.

 

Will follow the advice,

 

hoping they don't have the requested documents.

 

If I contacted the bank, would that then take me back to day one with regard to the statute of limitations?

 

My last contact and payment to the bank was back in summer 2010.

 

Thanks again.

[ims21]

Thanks so much letsgetitsorted. Will follow the advice, hoping they don't have the requested documents. If I contacted the bank, would that then take me back to day one with regard to the statute of limitations? My last contact and payment to the bank was back in summer 2010.

 

Thanks again.

 

Now that a claim has been issued you can forget the limitations period....the claim stops the clock.

 

In addition to the post by letsgetitsorted, follow what citizeB has posted (although I think there is a typo in one of their posts in that your defence date will be 13/7/14 and not 13/6/14 )

[dx100uk]

you cant guess when they called the debt in

that will prob be the start for the SB clock.

 

get the claim ack'd on MCOL after registering.

 

DONT FORGET!!

 

you then have 33 days from the date of the claim [inc that day]

to file a defence

 

you have lots of time to read like threads here

 

dx

[joes]

Now that a claim has been issued you can forget the limitations period....the claim stops the clock.

 

In addition to the post by letsgetitsorted, follow what citizeB has posted (although I think there is a typo in one of their posts in that your defence date will be 13/7/14 and not 13/6/14 )

 

Thanks all for your all advice.

 

What would happen if I don't respond?

 

I know that by default I would be considered a debtor to Lowell's.

 

Does this mean the court would send bailiffs on their behalf?

 

Or would they legally be allowed to send bailiffs?

 

joes

[dx100uk]

they'd have to win first!!

 

dx

[letsgetitsorted]

Thanks all for your all advice.

 

What would happen if I don't respond?

 

I know that by default I would be considered a debtor to Lowell's.

 

Does this mean the court would send bailiffs on their behalf?

 

Or would they legally be allowed to send bailiffs?

 

joes

 

if you do nothing at all, then Lowells will win by default, which will increase the debt and give them the authority to collect on it.

[joes]

if you do nothing at all, then Lowells will win by default, which will increase the debt and give them the authority to collect on it.

 

Thanks again everyone for being so helpful.

 

This is really unfortunate, but I found a letter today with the Royal Bank of Scotland headed paper.

 

It's a notice of assignment.

 

Why would Halifax send a notice of assignment with Bank of Scotland headed paper?

 

I know they are the same thing but still the letter sounded to me like it wasn't written by the bank but by Lowell's.

 

There's just something about the wording of it.

 

Might it be an idea for me to write to the bank asking for this document before I write to Lowell's

or should I also write to Lowell's saying I've received a court claim

and that I will be responding as soon as I receive a notice of assignment from the bank?

 

For all I know they could well have forged that document.

 

It's the wording of it which makes me suspect it was not sent by the bank.

 

Any thoughts, anyone?

 

Thanks in advance

[dx100uk]

joes...forget all the wriggling for the minute

get on and deal with the issue at hand

 

that is acking the claim.

 

have you don't that yet?

 

it is quite ok for a debt buyer to send a letter on behalf of the creditor for the NOA.

[joes]

I've written to Lowells asking for the DN and NoA. What if they send a copy of what I found which was a NoA and a DN from Carter the solicitor. Would I have to pay them in that case?

[BRIGADIER2JCS]

thanks again everyone for being so helpful.

 

This is really unfortunate, but i found a letter today with the royal bank of scotland headed paper.

 

It's a notice of assignment.

 

******why would halifax send a notice of assignment with bank of scotland headed paper? ********

**** halifax bank of scotland ******* same group of companies**********

i know they are the same thing but still the letter sounded to me like it wasn't written by the bank but by lowell's.

 

There's just something about the wording of it.

 

Might it be an idea for me to write to the bank asking for this document before i write to lowell's

or should i also write to lowell's saying i've received a court claim

and that i will be responding as soon as i receive a notice of assignment from the bank?

 

For all i know they could well have forged that document.

 

It's the wording of it which makes me suspect it was not sent by the bank.

 

Any thoughts, anyone?

 

Thanks in advance

 

 

 

 

hbos. CCA request to Lowell.

[dx100uk]

have you ack'd the claim?

 

forget the paperwork wriggling!!

 

lowells or carter can send the NOA letter on behalf of a creditor

as well as their own letter

 

dx