carter/Lowell claimform - welcome car finance [illegal repo?]**Claim Discontinued**

[ITPR]

Today (sat 14th Sept)

 

 

i received 2 letters...

 

 

One from Bryan Carter Solicitors dated the 10th September

saying that i have failed to make payments on an account

and that i will receive a claim form in the next 48 hours from the court!

 

 

The second letter, the claim form from the court dated the 10th September as well!!!!

 

To my knowledge this is the first letter i have had from this company and it has shocked me considerably.

 

Claiment: Lowel Portfolio Ltd

 

Date Of Issue : 10 September 2014

 

Claim:

The claimants claim is for the sum of 8320 being for monies due

from the defendant to the claimant under an agreement regulated

by the consumer credit act 1974 between the defendant and welcome finance

under account reference 1****** and assigned to the claimant on 05/09/2012

notice 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 pursuant to s.69 of the county act 1984 at a rate of 8% per annum

(a daily rate of 1.82) from the date of the assignment of the agreement

to date but limited to a maximum of one year amounting to 78.39

 

The total amount of the claim including court fees, solicitor's cost comes to 8906

 

The original loan was for car finance.

 

I am uncertain of the actual date the original finance was started as all the original paperwork

was destroyed in a fire some years ago (but i believe it was around 2003)

 

In 2005 after making regular payments i started struggling with making the full payments

and contacted welcome finance numerous times explaining how i was struggling

to make the original payments and asked if i could make reduced payments until my financial situation improved.

 

 

They constantly refused my offers even after being sent financial statements showing my difficulties,

at the time i was owing out more than i had coming in and they said they would

only accept £50 per month which at the time i could not make.

 

 

They were always extremely aggressive when trying to contact them via phone

when calling them to try and come to some arrangement.

 

 

In 2006 i found my car had been removed from the car park at the rear of my property

without any warning and nothing from welcome.

 

Upon contacting welcome about the car being removed without any notification

i was told the car was theirs and they had every right to take it

and didn't have to inform me of them doing so

 

According to the letter, i recieved today, the claim was passed on to this company which i had no knowledge of.

 

Also to my knowledge i have not recieved any default notice from the original creditor

or the company who sent me the letter today.

 

I originally disputed the amount that was still owed after they had taken my car due

to all the interest added and the fact they had taken the car and the debt seemed to increase!

 

I am just wondering what i can do now as i am once again struggling financially.

 

Any help in this situation would be great

 

thank you for reading

[citizenB]

Your timeline is as follows..

 

Issue date 10 September + 5 days for service = 14 September + 14 days to acknowledge = 28 September + 14 days to submit defence = 12 October 2014

 

I will try and find someone who can help, but can you confirm that no payments were made after 2006 when they took the car back. Had you paid more than one third of the loan at that time ?

 

You have not received any communication from Lowell prior to this claim being issued ?

 

You will need to start collecting information.

 

You can send a CPR request for copies of documents mentioned/implied in their Particulars of Claim. Which are

 

LINK

 

1: The agreement

2: The Default Notice

3: The Notice of Assignment

4: Statement of account showing how the £amount claimed has accrued.

 

Read the CPR draft carefully and amend where indicated.

 

You will need to send a CCA request to the Claimant (Lowell) LINK

 

It might be in your interest to send a Subject Access Request to Welcome - sadly this data will not be available to you in time for the submitting of your defence as they have 40 days to comply but it is well worth the £10.00 LINK

 

If you lost everything in the fire, then you will not know if there was any Payment Protection Insurance or the value of any charges that they added to the account so, the SAR will be very useful for that.

[ITPR]

thank you for your reply

 

i believe payment protection was included in the original finance package

 

they took the car after i stopped making payments due to my financial situation

and not being able to reach a satisfactory payment plan.

No payments were made after the car was taken.

 

I personally have not seen any previous letters from Lowell that they claim to have sent

 

do i need send both the cpr and cca to lowell?

 

 

doesn't the cpr mention requesting the agreement so is the cca needed to be sent?

Edited September 13, 2014 by ITPR

[theoldrouge]

asap you need to send the cca request to the claimant (Lowell)

 

you need to send the cpr31.14 request to the claimants solicitors (Carter)

[dx100uk]

send those letters

 

 

also get an sar off to welcome finance to by recorded.

 

 

have you ANY paperwork still?

 

 

you have ack'd the claim....?

 

 

dx

[havinastella]

Was the last payment in 2006?

 

If so, don't even bother with the CCA, CPR or SAR.

 

Just acknowledge the claim and defend all.

 

Then submit the Statue barred defence.

 

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.

 

Thanks to Andy.

[ITPR]

Thanks for the reply

 

with regards to the statue barred defence how do i go about it as i have never been presented with anything like this before.

 

do i respond to the claim online via moneyclaim website?

[citizenB]

Thanks for the reply

 

with regards to the statue barred defence how do i go about it as i have never been presented with anything like this before.

 

do i respond to the claim online via moneyclaim website?

 

All you would need do is to pop the SB defence that havinastella provided below - EXACTLY word for word into the defence box on MCOL.

 

 

1 The Claimant's claim was issued on 10 September 2014.

 

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 £xxxx or any other sum, or relief of any kind is denied.

 

So you would log into the MCOL website - the password is on your claim form a little way down one of the pages - your claim number will also be required. You should have a pen/pencil handy because you will be given another reference number before you get to the defence submitting stage.

 

You will acknowledge the claim and if you are happy that the account is statute barred (you are absolutely certain that no payment or acknowledgment of liability has been made since 2006) then you can continue to the defence section. Please, please do print off the receipt or save it to your computer for confirmation.

 

If you are not sure about the date then simply acknowledge the claim and tick the box that will give you the extra 14 days so you can do some more research.

[ITPR]

so if i check the box to enable the extra 14 days am i still able to make the statute barred defense within the extended period?

 

i have just checked through 7 years of bank statements and it seems a payment was last made to welcome on the 23 of April 2008!

 

i didn't realize that i had paid anything around that time

 

what course of action should i take now as i am unsure if anything that was done after that date... especially as i originally thought my last payment was in 2006

 

also when they took the car no notice was given that it was going to be taken or any letters from welcome afterwards regarding what happened with the car, if this was sold at auction and used as payment towards the debt would that 'payment' be classed as a payment by myself?

 

i was never given any papers regarding the taking of the car or sale of it and to my knowledge no money came off the debt after they took it... except the money owed kept going up.

 

should i now, after finding the payment on my bank statement, still send off the CCA and CPR just to find exactly what payments i have made and any written correspondents?

Edited September 14, 2014 by ITPR
updated info

[theoldrouge]

IMO, you should get on and acknowledge and tick defend all,

 

Then ASAP send both requests headed "I do not acknowledge any debt to yourselves or to any

 

Company you claim to represent"

[citizenB]

April 2008 would, I think still bring you into the SB time period. But you need to be sure.

 

I will ask if it would be worth your making a request for information using CPR Part 18 (this is a request for information only) that way you could ask questions about the repossession of the vehicle - what it sold for etc, etc..

 

But in the meantime, get your CCA and CPR 31.14 requests off and acknowledge the claim - tick the box for the extra 14 days and print off any receipts. If it transpires that it is SB's you can still use that defence right up until the very last minute

[dx100uk]

get that stuff done and also a I said an sar to welcome finance

do it recorded to them.

 

 

if the repo was unlawful under the cca

then it blow the case out the water and leads you to getting ALL your payments back too!!

 

 

dx

[ITPR]

i acknowledged the claim yesterday and am sending off the CCA and CPR requests this morning

 

i haven't got any paperwork whatsoever from welcome and am not sure of my old account reference number to include in a SAR. Do i just send it of with all the details minus the account/reference number?

[BRIGADIER2JCS]

You don't need account numbers, your address at the time you signed the agreement and any subsequent addresses should be enough.

[citizenB]

Righto, well because this will be a small claim action then my suggestion to use CPR part 18 was not one of my brightest moments - it wont apply.

 

It is suggested that you submit the Statute barred defence and get a Subject Access Request off to the original creditor ASAP.

[BRIGADIER2JCS]

Yep that's what I would do.

[ITPR]

thanks for info...

 

i have sent off SAR request

 

am i correct in my assumption that i have until 12 October 2014 to add the Statute barred defense

 

I just hope i get back the info from the CPR 31.14 that will confirm no payments were made after April 2008

[AndyOrch]

You must acknowledge service by the 28th Sept and submit your defence by 12th October. Dont bank on response to the CPR 31. request or a reply in time from the SAR.

 

The debt is obviously statute barred anyway so there is no reliance on the above anyway...it merely for information at a later stage if required.

If you need to clarify quickly when the last payment was made ...ring them...also find out what date they credited the account with the proceeds of the car sale.

 

Regards

 

Andy

[ITPR]

Well today i got a letter back from the CPR 31.14 request to Bryan Carter Solicitors and it looks like i am not getting any of the requested documents...

 

s22.postimg.org/t0ezuy09t/letter.jpg

 

just wondering what i do now...

 

any help appreciated

Edited September 20, 2014 by ITPR

[ITPR]

as i only have seven post i am unable to post links or images please pm me if you need a direct link to the image

 

edit: seems to have let me add a link after all...

 

thank you

[Old Cogger]

too small, but if it is the usual the client would of supplied the info at inception then it is the usual crap they churn out, before they decide to discontinue or go ahead

[AndyOrch]

Only upload pdfs ITPR not jpegs but as above I would assume its their usual nonsensical responce

[ITPR]

here is the letter in pdf format

[AndyOrch]

Yes the usual....oh well start preparing your defence.

[ITPR]

the problem i have is i have no paperwork and only only thing i do have is a bank bank statement showing a last payment made in april 2008... after that no payments were made as they had already took the car without notice.

 

as carter is not going to send any info and the possibility of both Lowell (CCA) and Welcome (SAR) not sending the paperwork before the deadline i am quite worried at the minute