Lowell/BW - Claimform - MBNA card 'debt'*** Claim Dismissed***

[Safe-entry]

Hi,

 

I've just recieved a claim form from BW legal representing Lowell from Northampton court that I believe is stat barred,

 

it was originally for a mbna (virgin credit card)that I'm sure I took protection on the card,

 

I was made redundant and they informed me I still had to pay the debt,

 

I disagreed and because I was young and naive ceased all contact with them.

 

because this was some 10 or so years ago I can't really remember the particulars,

 

however as stated I'm sure it is indeed stat barred.

 

could someone please help me with the process and what would be my next move?

 

I have read through many threads but have just started my own business and my mind is already very fuzzy!

 

Would it be possible to put it in laymans terms at all??

 

Ain't realise it's not good to try and get away without paying a penny

 

this really could not of come at a worse time ,

 

so am hoping essentially it will be dropped.

(It does not appear on credit report)

 

Issue date 19 jun 2014

Particulars of claim:

 

The Claimants Claim is for the sum of

5,509.14 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

MBNA Europe Bank Limited

 

Under account ref:

And assigned to the claimant on 16/12/2005

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

Persians to section 69 of the County Courts

Act 1984 at a rate of 8.00% per annunciate (a

Daily rate of 0.72 from the date of

Assignment of the agreement to the date of

Issue () being an amount of

2,237.04.

 

That's everything in the form. I hope it's what your after

Anything else please let me know.

 

Thanks in advance.

[newhereplease help]

Hi Safe, first thing is to not to panic, hard I know but the guys on here and fantastic. The first thing to do is to acknowledge the claim online. Issue date of 19 June means you have to acknowledge the claim by 7 July (5 plus 14 days). More knowlegeable peeps will help more but please don't worry about this you are in good hands here

[AndyOrch]

Hi Safe and welcome to CAG

 

Once you have acknowledged the claim as advised above you have a further 14 days to submit a defence......in your case I would submit the following at the same time assuming you have made not acknowledgement or payment for a clear period of 6 years. This defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

Defence

 

 

 

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.

 

 

Regards

 

Andy

[Safe-entry]

Hi guys thanks for the replies, thanks Andy was quietly hoping you would reply seems you have form with dealing with Lowell !!

 

I apologise for sounding so dim but this really isn't my area of expertise!!.......

So I assume I acknowledge online and then at the same time copy and paste above In a defence box at the same time or do I literally print it out and wait to go to court?? I'm really sorry if I sound silly!!?

[newhereplease help]

Hi guys thanks for the replies, thanks Andy was quietly hoping you would reply seems you have form with dealing with Lowell !!

 

I apologise for sounding so dim but this really isn't my area of expertise!!.......

So I assume I acknowledge online and then at the same time copy and paste above In a defence box at the same time or do I literally print it out and wait to go to court?? I'm really sorry if I sound silly!!?

 

Hi Safe,

 

You have until 7th July to acknowledge the claim and until 20th July to complete your defence. You can do both the acknowledgement and defence online so there is no need to post anything to them. Andy has drafted a statute barred defence for you, just remember to put the relevant details in where he has placed xxx's.

 

As long as you get your defence in by 20th July that's ok, its up to you if you defend straight after you acknowledge the claim.

 

Lowell will probably write to you offering you a discount, blah blah blah...statute barred debts are unenforceable, they are just trying their luck to see if you will fall for it

 

Take care

Me x

[AndyOrch]

As above

[Safe-entry]

Thank you so much, you've all been very helpful and I will be sure to update the thread as and when Lowell firm a response. Fingers crossed!!

[Safe-entry]

Hi guys just an update really.........well and more advice obviously!! so I've heard nothing the mcol site just reads as follows.

 

Your defence was submitted on 01/07/2014 at 21:53:59

Your acknowledgment of service was received on 02/07/2014

Your defence was received on 02/07/2014

 

have I done something wrong in order for it to still be saying that?

Is this still a waiting game?? I spoke to someone and they said they had 33days in which to reply! So what's the play from here? Cheers in advance

[AndyOrch]

Its 28 days and no you have not done anything wrong......the claimant has simply failed to respond within the prescribed period and so the claim is stayed.

 

Regards

 

Andy

[Safe-entry]

Thanks Andy, so would it be advisable to take any further action now?so this would not happen again! Or is it a case that it's been stayed so no one can peruse this debt anymore!? Hope that makes sense??

[AndyOrch]

Not quite....when a claim is served only when the claimant responds to a defence and informs the court it wishes to proceed does it in fact become a live claim...at this moment its merely a speculative claim that is stayed.

 

Nothing to stop others having a go but its very rare.

[Safe-entry]

Thanks again Andy. Well fingers crossed this issue is dealt with thanks again all for your help.

[Safe-entry]

it seems I spoke to soon, I got home today to a letter from be legal dated the 4/8/14

Reading they they are going to continue to peruse this matter and have sent a copy to the court!??

Is this right or are they trying it on??

A little worried as believe they are within the 33 days the girl said at mcol customer services said they allow them?? Any help would be great

Thank you

[AndyOrch]

Well if you receive a DQ (Directions Questionnaire) then no they are not bluffing and are proceeding......but nothing to to get too concerned with.

 

Andy

[Safe-entry]

I received the directions questionnaire, and have by all accounts completely forgot about it!!!

 

 

I have untill the first Of September to reply. It's not the end of the world as I can fill it out and hand deliver it tommorow if required.

 

Could some one please help with what I have to put in the form. It makes little sense to me!!?

 

 

Also is the form available to fill out online etc ??

 

 

Just to save having to drive to northampton tommorow morning!!!

 

 

I'm such an idiot for forgetting

 

Cheers in advance.

[Ganymede]

Have you or can you get access to a scanner?

 

I'm not entirely sure the bulk centre has a public counter. You'll need to check before wasting a journey.

[Safe-entry]

Yep I have a scanner? How would I go about checking??

[Safe-entry]

Can anyone help? So can I scan and emails these documents to them??

[AndyOrch]

So I received the directions questionnaire, and have by all accounts completely forgot about it!!!���� I have untill the first Of September to reply. It's not the end of the world as I can fill it out and hand deliver it tommorow if required. Why?...just post it next day G Del

 

Could some one please help with what I have to put in the form. It makes little sense to me!!? Also is the form available to fill out online etc ?? No but you can download it and fill it in on screen then print 3 copies ...looks far more professional. Just to save having to drive to northampton tommorow morning!!! I'm such an idiot for forgetting ��

 

Cheers in advance.

 

Yes to mediation...the rest is self explanatory

 

 

Regards

 

Andy

[Ganymede]

Can anyone help? So can I scan and emails these documents to them??

 

Yes you can but you have until the 1st September you told us so you can post it today first class recorded or special delivery.

[Safe-entry]

Hi guys, little update and more help required if at all possible!?

 

 

I have a small claims court date of the 16 December.

 

 

Arrived home this eve to a nice little envelope full of what appears to be completely fictitious material.

 

 

they have enclosed the orginal agreement which is the only document that's doesn't appear to be falsified! (Dated 05/11/03)

 

They also have enclosed a letter dated 20/2/2009 stating that MBNA have sold the debt to Lowell.

I did not recieve this letter and was infact living in Bedfordshire when this was dated.

 

More worryingly they have submitted what they call the claimants records of payments dated 3rd September 2009 to 23 February 2010

which details seven payments of £60.60 this is a very grainy document that to my knowledge is completely fabricated!!

 

Can they get away with this or are they just trying to pull one over on me??

 

Is there a way I can prove I haven't paid this?

 

They say the payments where made by credit card,

again fictitional as the only credit card I have ever owned is the very card this whole problem is about!!!?

 

Any help would be massively appreciated.

 

Ta

[Safe-entry]

Just to add I was correct and did take protection on the card!!!!! So that puts the whole redundancy issue back in the equation!!??

[dx100uk]

if these payment are from 2009

can you not check at say noddle [below]

to see if they show in the payment history there?

its free so give it a go.

 

 

if you disagree you need to put then to strict proof.

[Safe-entry]

Any other help on this?

 

 

Nothing appears on my credit file!?

 

 

what can I do literally print off my file and give it to the judge?

 

 

I'm obviously apprehensive as the 16/12/14 is edging closer and so not really want to look an idiot in court!!

[AndyOrch]

Have you been ordered to submit a witness statement before trial ?

 

Andy