Lowell/Carter - Claimform on probSB'd? welcome Finance 'debt'

[foxy2104]

Hello,

 

Back in 2007 I took out a loan with Welcome Finance.

 

It was to pay off debts for a wedding which never happened.

 

 

I went through a bit of an emotionally rough time and I don't even think I made my 3rd monthly payment.

 

TODAY I received a claim form from the County Court Business Centre in Northampton.

 

LOWELL PORTFOLIO LTD are chasing me for the money owed and attempting to obtain a CCJ on the debt.

 

The debt is certainly STATUE barred.

I've never acknowledged the debt,

certainly not in writing,

and no payment have been made within the last 6 years.

 

Should they be attempting to obtain a CCJ if they know this?

or are they known for trying it anyway?

 

My worry is that I might be missing something, surely the court would throw this straight out otherwise?

 

Thanks for any advice, really appreciated.

Edited November 7, 2014 by foxy2104

[Sidewinder]

First things first you need to acknowledge the claim online and your intention to defend in full. That will buy you more time.

 

Secondly - be absolutely sure of your dates etc. Do you have any of the original paperwork, default notices etc? Have you checked your credit file to see whether Lowell have an entry on there? They can update any existing default information but cannot enter a new default as you can only be defaulted once for a debt, but Lowell have been known to do this.

 

Have you actually told Lowell that the debt is SB? If not then you need to do it now - in writing not by phone, and demand that they provide proof of when the last payment was made, by whom, and how it was made. Simply telling you it is not SB is not enough. It wouldn't be the first time that a mystery payment appears on the account within the limitation period, hence the 'Who and How' parts

 

If the debt is SB then this is an absolute defence to the claim, but you will need supporting evidence. The court will not automatically throw it out - you will have to tell them why it should be!

[dx100uk]

moved to legal

if you read a few threads here

a debt being SB'd is no bar to lowells

if people don't defend, they'll get a CCJ by default

even if the debt is SB'd.

because no checking of paperwork will ever be done.

 

 

please fill this out and paste the results here:

 

 

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

 

 

who the sols..Carter or BW?

 

 

dx

 

 

 

dx

[foxy2104]

Name of the Claimant ? LOWELL PORTFOLIO LTD

 

Date of issue 04/11/14

 

What is the claim for

 

1.THE CLAIMANTS CLAIM IS FOR THE SUM OF 2704.42,

BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT

UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND Welcome Finance

 

2.ASSIGNED TO THE CLAIMANT ON 05/09/2012

NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

3.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT

 

4. A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

 

THE CLAIMANT CLAIMS 2704.42

 

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69

OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT

TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 216.34

 

What is the value of the claim? 2920.76

 

Is the claim for a current or credit/loan account or mobile phone account? LOAN

When did you enter into the original agreement before or after 2007? DURING - MID 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

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

 

Did you receive a Default Notice from the original creditor? YES

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I don't recall getting these between 2008 - 2011

 

Why did you cease payments:-

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? NO

 

Hope this helps!

[dx100uk]

ok all good

 

 

you need to ack the claim on MCOL

 

 

go create a registration

note the long number

 

 

then log in using the created registration

select AOS

and using the details require from the claimform

 

 

ack the claim

 

 

defend all

leave juris unticked

 

 

exit mcol.

 

 

 

 

send LOWELLS a CCA request

and a CPR 31:14 from the legal section of the library tab top left.

 

 

.................

 

 

might be an idea to pop on to one of the credit file providers

noddle is free [see below]

 

 

that should tell you your last payment date.

 

 

if you are 100% sure its SB'd

 

 

there no harm in filing the SB defence widely available here in threads

or in

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

however you don't HAVE to that or file any defence until day 33

where day 1 is the date on the claimform

 

 

HTH

 

 

dx

[foxy2104]

Brilliant

 

I did all you recommended. I have also submitted a defence for Statutory Barred, stating:

 

STATUE BARRED, under the Limitations Act 1980.

No written acknowledgement of debt has been made by the defendant

within the SIX years prior to 04/11/2014.

No payments have been made by the defendant, to the claimant or

represented companies, within the SIX years prior to 04/11/2014.

[dx100uk]

expect the phantom payment letter to arrive.

 

 

dx

[citizenB]

Brilliant

 

I did all you recommended. I have also submitted a defence for Statutory Barred, stating:

 

STATUE BARRED, under the Limitations Act 1980.

No written acknowledgement of debt has been made by the defendant

within the SIX years prior to 04/11/2014.

No payments have been made by the defendant, to the claimant or

represented companies, within the SIX years prior to 04/11/2014.

 

Are you saying you have submitted a defence as above ^^^ ?

[foxy2104]

Are you saying you have submitted a defence as above ^^^ ?

 

Yes - That is correct.

[citizenB]

Not that it makes any difference now.. but there is a proper way of submitting a SB 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.

 

[foxy2104]

Not that it makes any difference now.. but there is a proper way of submitting a SB Defence..

 

Thank You!

[foxy2104]

Thought I'd provide you with an update since filing my defence.

 

I have received the following letter after letting the courts know this is SB.

 

Do you think they are making a final attempt to get money from me?

 

 

Knowing it'll be SB by the courts if they proceed?

 

Sorry guys - wouldn't let me post a photobucket link to hi-res image

[foxy2104]

Please find PDF attached,

 

 

apologies for the mess in my last post, haha!

[Old Cogger]

one of the last minute begging letters?????????????

[dx100uk]

yes usual rubbish to try and get some money

before they discontinue

 

dx