Lowell claimform - old LLoyds Loan Debt (statute barred)

[forest5]

Hi,

 

I posted on here a few years ago when my partner was having trouble with Lowell,

for years she has received threatening letters and finally a court letter arrived

and she filed her defence as per the statute barred template defence from previous threads.

 

They have come back saying as above,

notice of allocation to small claims track so seem persistent.

 

She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account

but because they are pushing it is worried she has it wrong.

 

She tried to call Lloyds a few weeks ago to ask when the last payment was made

but they said it had been passed over and they couldn't give her the answer, is this correct?

 

We have checked her credit report and nothing shows for Lloyds

however it does show her defaulting to Lowells for the past 18-24 months.

Are they allowed to do this?

 

It appears they have just started a fresh record on her file from a start date that they have made up.

 

she is now in a position where she needs to reply to the notice of allocation to small claims track but doesn't know what to put.

 

We are both confused to agreeing when she has already defended it as statute barred.

 

From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof?

 

Any help on this issue is hugely appreciated. T

 

he form has to be sent back by 11th August however the letter was only received this morning

and we go away Weds afternoon so wanted to submit before then.

 

Thanks

 

Forest5

[forest5]

Thanks for the reply.

 

What we really need to know is how to fill out the questionnaire you receive with a notice of allocation to small claims track paperwork. A defense has already been filed as statute barred but it has moved along. On the questionnaire it is asking if small claims is the right track etc. What we need to know is having already filed a statute barred defense how do we complete the small claims questionnaire?

 

Thank you in advance.

[Bluiiize]

have you tried CAG? or you can try google the answer will be there somewhere

[forest5]

Yes tried google for the answer among other things, I was hoping somebody on here would have filled a questionnaire out in a similar situation where the court defense has already been filed as statute barred

[citizenB]

forest, what exactly is causing the problem on the Allocation questionaiire ?

 

It is a shame you are unable to establish exactly when the last payment was made to the account, but if you are absolutely certain it is then I think there is a space for any other information. You would simply pop in that, that as far as you are concerned the debt is statute barred as per your defence. Do you have a thread on the original claim ?

 

What exactly did you put in your defence please and did you submit online.

[fkofilee]

You need to add to the additional notes that it is Statue Barred on when YOU believe the last payment was... Then its up to Lowell to prove to the judge otherwise...

Why didnt you nip this in the bud sooner... While i agree with ignoring most DCAs, i think that Lowell is the wrong company to be ignoring.

 

Whos pushed it to court? Bryan Carter? BW Legal?

 

You should have complained when you had the chance to Lowell. It may possibly not have gotten this far.

Right anyway, how far in are you to the 33 day time scale to defend?

Can you put the questionnaire up on here so we can take a peek?

[BankFodder]

I think that we need to see the defence too.

 

Also you haven't told us what this is about - OD, Loan??

 

Some detail would help

[forest5]

Thanks for the replies.

 

Sorry I will give as much info as I can, I don't have all the info on me until I get home as it is my partners paperwork.

 

The debt is from a Lloyds Loan taken out 2001-2003 which she took out in her name with a previous partner, it stands at around £1.6k.

 

She has received letters from Lowell and a magnitude of other DCA's over the years offering deals.

 

I appreciate she/we should have dealt with this much earlier but the letters have been coming for years

and never gone anywhere so time seemed the best solution in terms of the statute barred ruling.

 

Bryan Carter then got in touch with a copy of the letter to the courts but still offering "without prejudice negotiations".

 

My partner replied to the court with a standard statute barred reply from this website

stating I think it was three separate points all combining to the debt being statute barred and no admission to any balance.

 

She has since received a directions questionnaire (N180) along with a covering letter entitled notice of allocation to small claims track.

 

1. this is now a defended claim

2. it appears that this case os suitable for small claims track

3. if you believe this is not the correct track etc please complete box C1.

The sheet then states A1 "do you agree to this case being referred to the small claims mediation service"

which is a simple tick box exercise.

 

Given the statute barred defense we are not sure what to put here?

We need to return the questionnaire by 11th August but are out of the country as of Weds this week.

 

My partner rang the courts to ask for more time but has been told she needs to return it

before she goes away despite only receiving this morning.

 

C1 then asks

"do you agree that smalls claims track is the appropriate track for this case" tick box yes or no with a further box for if you say No as to the reasons why.

 

Section D then asks about nearest court for hearing dates etc.

 

So it is A1 & C1 which is confusing as to what to put. I would have thought we would want to be putting

No to both and stating in C1 written box due to it being statute barred but I am unsure if this would be correct?

 

Thanks for the help, much appreciated.

 

 

 

 

 

 

Contact details which aren't a problem then leads on to

 

Below is roughly the template used on the defense but relating to the Lloyds loan and reference etc.

 

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 acticon 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.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

[citizenB]

If you are going away on Wednesday, then you really need to sort this out tonight/tomorrow and get it in the post as not doing so, will lead to a default judgment.

 

Take a phocopy of it to send to the opposition and of course keep a copy for yourself. Send the original by recorded delivery/special delivery to the court - they have a habit of losing things.

 

Did you make any requests for CCAs or SARs along with the required fee at any point during the 6 year period. Lowells have a habit of trying to claim that these fees were payments made to the account - which of course they arent.

[forest5]

Thank you for the reply.

 

Yes years ago when attempting to sort this to stop the letters my partner sent off requests along with cheques from me (so they couldn't copy her signature) which I can never remembering them cashing. Everything stopped for what must have been 6-9 months and then started up again.

 

With regards what info to fill in one the questionnaire do you have any recommendations for the correct response?

 

I wouldnt of thought agreeing to mediation (section A1) was a good idea as it suggests she owes the money?

 

Secondly, (C1) asks "Do you agree that the small claims track is the appropriate track for this case" yes/no tick box followed by "if no, say why not and state the track to which you believe it should be allocated"

 

It then goes on to ask about the hearing and which court and timings etc, would you fill this in or ignore?

 

Thanks in advance.

[citizenB]

I have left a message for someone on the site team. I am sure he will look in as soon as he can.

[forest5]

Thank you so much for your help

[forest5]

One further thing, Lloyds do not show on my partners credit report yet Lowell do but only since Sep 2013. Are they allowed to do this? It's like they are starting the default of payments from when thye have decided rather than the original lloyds debt.

[AndyOrch]

Hi forest5

 

Okay N180

 

A = yes ...dont worry its not an admittance and most probably wont even happen but all parties are expected to participate.

 

B = Self explanatory

 

C = Yes

 

D = D1 =At your local court you are the litigant defendant

D2 = No

D3 = 1

D4 =Self explanatory

 

Copy to court/claimant and one for your file.

 

Regards

 

Andy

[forest5]

Thank you very much for your help, much appreciated.

 

It was A1 we were concerned about saying yes to so thank you for the explanation. Didn't want it to be seen as an admittance of the debt.

[AndyOrch]

Should mediation happen...you only need to to refer to 2 words " Statute " & " Barred " and why on earth has the claimant asked for it to proceed knowing fully well the status which wastes the mediators time the courts time and most importantly...your time.

 

Regards

 

Andy

[forest5]

perfect, thank you.