Carter/lowell Claimform - very old Co-Op Card Debt

[Melbourne99]

I received a letter from Bryan Carter Solicitors threatening Court proceedings because I hadn't paid Lowell who were chasing a credit card debt of £1569 on behalf of The Cooperative Group.

 

The credit card debt, although in my name, was racked up by my now ex husband along with lots of other credit cards! We divorced in 2007 and the last payment I made was March 2007. Since then I have been chased a couple of times by letter and phone, but nothing excessive.

 

I was contacted by text a couple of times a couple of weeks ago by Bryan Carter, so last week I wrote to him/them using the statute barred letter, however in the meantime I have received a Claimform.

 

What should I do?

[Melbourne99]

The last payment I made was in March 2008 which I believe makes me SB.

[dx100uk]

can you please fill this out an repost it here:

 

 

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

[dx100uk]

thread tidied and moved to legals forum.

 

 

have you a copy of your credit file please

 

 

does this show?

 

 

dx

[Melbourne99]

The claimant is Lowell

Date of issue is 04 Sep 2014

The claimants claim is for the sum of 1569.72

being monies due from the defendant to the claimant under the Consumer Credit Act 1974

between the defendant and the co-operative bank

under account reference ........ and assigned to the claimant on 23/01/2013 notice of which has been given to the defendant.

 

The defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has been served which has not been complied with.

 

The claim includes statutory interest persuade to S.69 of the County Act 1984 at a rate of 8% per annul

(a daily rate of 0.34) from the date of assignment of the agreement to date but limited to a maximum of one year amounting to 12.73.

 

This is for a credit card which was taken out with the Coop in 2003.

I don,t recall a notice of assignment or a default notice being sent to me,

just letters telling me to contact Lowell.

As the debt is in my married name and I have reverted back to my maiden name,

I don't always open mail in my married name, as it is usually just junk.

 

I ceased payments in March 2008 as the divorce monies we're settles and this debt was my ex husband's, not mine.

 

 

There was no dispute with the creditor and while my divorce was being settled I did enter into a debt management plan with the original creditor.

[dx100uk]

CCA request to Lowells

£1 BLANK PO

don't sign the letter

 

 

CPR 31:14 [legal section of the library tab top left]

default notice

notice of assignment

 

 

is there a way you can check last payment?

 

 

is this p'haps on your credit file?

 

 

dx

[dx100uk]

you need to ack the claim online at MCOL site

 

 

go create a username on there

not the number you get

 

 

then log in to MCOL with it.

 

 

select AOS using the details on the claimform

 

 

and DEFEND ALL

 

 

dx

[Ganymede]

Was it a joint credit card with your ex?

 

Are you sure your ex didn't make any payments later in 2008?

[Melbourne99]

CCA request to Lowells

£1 BLANK PO

don't sign the letter

 

 

CPR 31:14 [legal section of the library tab top left]

default notice

notice of assignment

 

 

is there a way you can check last payment?

 

 

is this p'haps on your credit file?

 

 

dx

 

I have already sent a CCA request to Lowells. I know the last payment I made was March 2008 as I used to pay monthly and write it on the statement.

[dx100uk]

when was this CCA request?

 

 

and as above could anyone else have paid it ?

 

 

get that credit file..noddle [below] is free.

 

 

dx

[Melbourne99]

when was this CCA request?

 

 

and as above could anyone else have paid it ?

 

 

get that credit file..noddle [below] is free.

 

 

dx

 

Need to check the CCA request. Ex hasn't paid it as I don't even know his address, so he would' have passed it on to creditors.

 

The debt shows up on my credit file

[dx100uk]

look in the payment history section

 

 

dx

[Melbourne99]

Need to check the CCA request. Ex hasn't paid it as I don't even know his address, so he would' have passed it on to creditors.

 

The debt shows up on my credit file

 

CCA was 23rd April 2012

[dx100uk]

sorry was that when you last sent one ?

or is that you sent a CCA request before to lowells

and got a copy of the agreement and that's when you signed the CCA?

 

 

dx

[Melbourne99]

look in the payment history section

 

 

dx

 

Only goes back to October 2013. States that the default was 12/11/2011

[Melbourne99]

sorry was that when you last sent one ?

or is that you sent a CCA request before to lowells

and got a copy of the agreement and that's when you signed the CCA?

 

 

dx

Sorry that should be 2012 not 2002 and it came from Horwich Farrelly not Lowells. I asked for proof and they sent back the signed CCA

[AndyOrch]

"I know the last payment I made was March 2008 as I used to pay monthly and write it on the statement."

 

Hi Melbourne and welcome to CAG

 

If the above is correct then I would dispense with requesting anything from the claimant......acknowledge service as advised above and then enter the Statute Barred defence below.

 

 

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Defendant 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

[Ganymede]

I have already sent a CCA request to Lowells. I know the last payment I made was March 2008 as I used to pay monthly and write it on the statement.

 

You say that the debt is your ex's but you last made a payment in March 2008?

 

Was this a jointly named credit card?

[Melbourne99]

"I know the last payment I made was March 2008 as I used to pay monthly and write it on the statement."

 

Hi Melbourne and welcome to CAG

 

If the above is correct then I would dispense with requesting anything from the claimant......acknowledge service as advised above and then enter the Statute Barred defence below.

 

 

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Defendant 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

Is this on the MCOL site?

[AndyOrch]

No its here for you to enter as a defence...if you are sure its statute barred.

[Melbourne99]

You say that the debt is your ex's but you last made a payment in March 2008?

 

Was this a jointly named credit card?

 

It was in my name but he was additional card holder. All the purchases were made on his card.

[Melbourne99]

No its here for you to enter as a defence...if you are sure its statute barred.

 

Ok, I have received a reply from Bryan Carter Solicitors quote:

 

Thank you for your letter dated 1 September 2014.

 

We confirm the limitation period runs from the default date, in this matter being 12 November 2011, therefore the account is not statute barred. This was seen in the case of BMW Financial Service (GB) Limited v Hart [2012] EWCA Civ 1959.

 

It is the Original Creditor's policy to provide Agreement's at the point of contract and statements throughout the duration of the contract and your client should refer to her own records.

 

As you will be aware a Claim was issued in this matter on 3 September 2014. Please respond to the claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default judgement being entered against you.

 

We recommend you seek independent legal advice.

 

So what are my options now?

[AndyOrch]

Big difference from March 08 to November 12...4 years difference...are they correct?

[Melbourne99]

Big difference from March 08 to November 12...4 years difference...are they correct?

 

I have got all the statements that were sent to me and the last payment I made to Co-op was 27th March 2008, I heaven have a reference number. The last statement I received from them was 6th January 2010.

 

So what is Bryan Carter on about the default date. I haven't made a payment for over 6 years or admitted liability.

 

Does this mean I will not be able to use statute barred on the claim form.

[ScarletPimpernel]

Lowell seem to be confused about default dates. They wrote to me about an old Co-Op card that's SB. Lowell claimed the default was some 18 months later than the DN in my possession, but having said they were sending proof, it's all gone quiet.