Lowell/Carter Claimform - LLoyds overdraft 'debt'

[Trebsi]

Hi All,

 

Having browsed a few stories yesterday I have decided to register and call out to you for your knowledgable assistance.

 

I originally had run up an over-overdaft with Lloyds bank in 2005.

This was terminated (along with credit cards and loans) on 8th January 2007.

The balance was £1,492.76 (supposedly).

 

 

However, since leaving Lloyds and being sold to other agencies

it has finally landed in the lap of Lowell Financial (portfolio)

who have decided that with me and my bad back,

unable to work and unwilling to pay £300 for a medical assesment

 

 

that they would, via Bryan Carter, send a claimform

 

 

However, having yesterday filed against the jurisdiction of the court

I have noticed that the figure has gone up by over £1,000 (on form N1):

 

£2,304.35 +

£18.18 (8% interest) +

£105 court fee +

£80 Solicitor costs = £2,507.53

 

I am looking to find out why this debt has risen so much

(bearing in mind all other creditors have frozen interest and never added any charges to their figures, ever)

and whether it is correctly assigned.

 

Your advice on how I proceed is greatly appreciated!

 

My initial 14 days + 5 = 21st September 2014.

 

I await with interest for your input, direction and guidance.

 

Many Thanks in advance,

 

Steve

[mmfhater]

I'm sort of in the same boat as I got a ccj without knowning about the court case

My court fee was £60 and soliciter fee was £70

When did you last make a payment ? As if it was 2007 surly it is statue barred

 

Someone with more knolls he will be along shortly

[Trebsi]

Yes, I've just been reading about Satute Barred. I am looking into final payment date with CCCS and will let you know shortly!

[Trebsi]

Turns out that it is only Statute Barred if you have not received a statement or any other communication related to the debt or made a payment for six years or more! So, that's a no no!

[Trebsi]

this debt is not on credit file..

.although there are two other with same company listed (only)!

 

 

This debt is also related to an overdraft with Lloyds TSB.

 

 

It was terminated Jan 2007.

Requests for payment have been received in the past but nothing until Bryan Carter got involved last month!

 

I could really do with some advice as I do not want these obnoxious sol's to win!

 

Lowell were contacted today only to tell me the debt was passed onto another agency.

..who they didn't have details for.

 

 

several calls later I found out it was with Fredricksons.

 

 

Spoke to them and they couldn't help me as passed onto Bryan Carter.

Spoke to BC and they couldn't (wouldn't) help as was a conflict of interest.

 

Have spoken to Step Change (CCCS orig) as they handled my debt management plan all those years back. They do not have any details for me now.

 

I need to file a defence pre 21st September and wish to fight this someway or other.

 

Advice greatly appreciated. What form do I need to send to Bryan Carter to start with and what do I need to put as a defence?

 

Please, don't be shy!

[Trebsi]

History:

I used to have a great job in the City before credit crunch took hold and

my life spiralled downwards (re debt).

 

 

Since unable to do contract employment as suffer with herniated discs (spine)

and am on some horrid pain medication which has mad effects on brain

(dulls senses as well as messes with co-ordination).

 

 

Creditors are aware of this but Lowell via BC chose to ignore this a

nd instead filed for CCJ knowing I am out of work, etc.

 

 

What they stand to gain is little but still damaging to me!

[AndyOrch]

Turns out that it is only Statute Barred if you have not received a statement or any other communication related to the debt or made a payment for six years or more! So, that's a no no!

 

Who told you that? Have you credited the account within a 6 year period?

 

If you could read and complete the following posting your responses here Trebsi...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

^^^^ Have a read of the link above - please provide any information asked for that you might not have already provided.

 

You have 33 days from the date of issue to submit a defence.. if you can fill in the blanks below.

 

Date of issue [ ] + 5 days for service = [ ] + 14 days to acknowledge = [ ] + 14 days to submit a defence. = [ ]

 

Why have you contested jurisdiction ? You wont have been given a court venue until such times as you have submitted a defence and it is almost certain to be heard in a court local to you.

 

You need to count the date of issue as day 1 in order to arrive at the correct date.

[Trebsi]

I used the money online portal and that was the first button I clicked.

All it has done is ACKNOWLEDGED that the summons has been served. I am yet to do my defence!

 

 

Name of the Claimant ? LOWELL PORTFOLIO I LTD

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 03 SEP 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim?

 

 

The claimants claim is for the sum of £2304.35

being monies due from the defendant under an agreement regulated

by the consumer credit act 1974 between the defendant and Lloyds

under account ref ~~~~####~~ and assigned to the claimant on 03/07/2013

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 persuant to S.69 of the county court act 1984

at a rate of 8% per annum from the date of assignment to a maximum of one year amounting to £18.18

 

What is the value of the claim? £2,322.53 +£105 (court fees) + £80 (sols costs) = £2507.53

Is the claim for a current or credit/loan account or mobile phone account? No - relates to bank overdraft

When did you enter into the original agreement before or after 2007? before...agreement terminated 08/01/2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser issued claim (Lowells via Bryan Carter)

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes and No. The account I have been told today has been transferred to Fredrickson...I have no details for!

Did you receive a Default Notice from the original creditor? Such a long time ago...probably?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not for this debt, no.

Why did you cease payments:

- set up DMP with CCCS having lost good job and with smaller salary from new job had to manage finances tightly.

Lost that job too and became ill and could no longer afford anything. Last worked 2008

Was there a dispute with the original creditor that remains unresolved? No, Lloyds were always good to me even after all this happened.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as above via CCCS

 

* So now I need to complete and send two forms...one to claimant (lowell and the other to Bryan Carter sols?

 

(send a CCA1974 request to the claimant

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form (current account))

[AndyOrch]

Just hold a second Trebsi ...as this is a current account ..CCA requests are not applicable...you can send the CPR 31.14 Current account version.

 

What date did you last deposit into this account?

 

Regards

 

Andy

[Trebsi]

As far as I am aware no payments were made to CCCs after early 2008.

however, having spoken to Lowell they say a payment was made to account on 29/08/2009.

I asked by who and they have no record?

 

spoke to Step Change and they say that it is only barred if no statement is sent/communication of debt received

and no payment made within last six years. Is this no correct?

 

 

I tried to find out when my last payment went though their system but having re branded and.

..its been over 5 years at least since last communication, they havent got my details on file anymore.

 

I have completed form CPR 31.14 to post to sols tomorrow.

But not sure on CCa 1974?

What is this and where can I get a template from?

 

Thanks in advance, Steve (much appreciated assistance from both of you..feeling better already)!

[Trebsi]

Jes, you're still awake!

[AndyOrch]

As far as I am aware no payments were made to CCCs after early 2008. however, having spoken to Lowell they say a payment was made to account on 29/08/2009. I asked by who and they have no record? Bet they dont ....makes no odds as they issued the claim after August so its SB anyway.

 

Anyway, spoke to Step Change and they say that it is only barred if no statement is sent/communication of debt received and no payment made within last six years. Is this no correct? Yes but not the statement part ...no payment or acknowledgement from you I tried to find out when my last payment went though their system but having re branded and...its been over 5 years at least since last communication, they havent got my details on file anymore.

 

I have completed form CPR 31.14 to post to sols tomorrow. But not sure on CCa 1974? What is this and where can I get a template from? Its not applicable to current accounts as per my last post

 

Thanks in advance, Steve (much appreciated assistance from both of you..feeling better already)!

 

Andy

[Trebsi]

Lowell claim I made a payment in August of 2009.

 

 

This is nigh on impossible unless the CCCS held onto funds for over a year before sharing!

 

 

I will hotly contest this as I was not in receipt of benifits nor an income

and cannot for one minute think of any reason why or how I could have made a payment at that time.

 

 

My last employment was 2008 and ended around October of that year.

[AndyOrch]

See above post #13 already covered

[Trebsi]

So, how do i notify the court of that? They wont look into the whens and hows and based on particulars of claim it reads like it was only yesterday that i took out a loan/defaulted, etc?

[AndyOrch]

By submitting the following defence.

 

(Particulars for reference only )

 

1.The claimants claim is for the sum of £2304.35 being monies due from the defendant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account ref ~~~~####~~

 

2.And assigned to the claimant on 03/07/2013 notice of which has been given to the defendant.

 

3.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 persuant to S.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment to a maximum of one year amounting to £18.18

 

 

Defence

 

1 The Claimant's claim was issued on 3rd 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 £x or any other sum, or relief of any kind is denied.

 

 

 

 

Copy and paste the defence and submit through MCOL once you have registered and acknowledged service.

[Trebsi]

Ok...that did put a smile on my face! Should I still send CPR 31.14 to sols?

[AndyOrch]

Not really worth it as its statute barred.

[Trebsi]

Andy, thanks for your assistance. I will report back with news once received! And a donation will be made accordingly

[Trebsi]

Hello Andy, Just before I move onto next stage on MCOL am I to edit and add the section under DEFENCE or do I include the section "Particulars for reference" also? Sorry for my dumbness in advance!

[AndyOrch]

No you dont submit the particulars ...just the defence.

[Trebsi]

Thanks...good job I asked

[Trebsi]

Hello again,

 

I had reply from court and now from claimant...they wish to continue with their claim/ccj action. So, even though I have stated it is statute barred they are ignoring and pushing for judgement. They have asked me to enter into a payment plan which I WILL NOT respond to.

 

Just wondering if now do I need to submit CPR 31.14 now?

 

I look forward to your guidance.

 

Best Regards,

 

Steve

[AndyOrch]

Why do you need to serve CPR 31.14 its statute barred.