Claimform - Lowell/carter - Halifax Credit Card 'debt'

[Chancerz]

Hello,

 

Any advice and help on how to deal with this would be greatly appreciated.

 

I received the attached county court claim today at an address i have not lived at for a number of years.

 

 

It is for an old debt with HBOS.

 

 

I'm not sure how old the debt is and i'm not quite sure how i can find out.

 

 

I have not had any contact with HBOS for a number of years or with Lowell at all.

 

I am assuming Lowell has bought the debt from HBOS and is now chasing me for it.

 

 

I never entered into a contract with Lowell nor have I ever had contact with them so do I have to pay them?

 

The other embarressing factor is that i was sent to Prison in Nov 2011

and was "inside" the date they mention on the claim 15/08/2012.

I am technically still serving my sentence which will not end until mid 2015.

 

I am not sure how to deal with this and am worried that i may get a CCJ against my name

which will further affect my partner whom i wish to marry next year.

I really don't want her credit score to be affected too.

 

Many thanks in advance for any help and advice.

[dx100uk]

can you fill this out please

 

 

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

 

 

you getting a CCJ cant affect you OH's rating

even by association.

 

 

I've removed your picture too

we don't need that and it was too small anyway.

 

 

dx

[Chancerz]

Hi Dx,

 

Thanks for reply. I have filled out questions below.

 

Name of the Claimant: Lowell Portfolio 1 Ltd

Date of issue: 26-Nov-14

Date of issue + 19 days = 14-DEC-14 + 14 days to submit defence = 28-DEC-14 [file by 4pm Friday 26th]

 

Particulars of Claim:

The claimants claim is for the sum of £2700,

being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974

between the defendant and HBOS PLC under account reference….. and

assigned to the claimant on 15/08/12, 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.

And the claimant claims £2700.

 

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 1 year

and a maximum of 1000 amounting to £215

What is the value of the claim? £3100 + £215 (Interest) = £3315

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

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

Not sure, how can i find this out? I think it was pre 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. The debt purchaser

Were you aware the account had been assigned

– did you receive a Notice of Assignment? No - As i do not live at the address they have for me and I was also in Prison from Nov 2011

Did you receive a Default Notice from the original creditor? Cannot recall having one due to above reasons

 

Have you been receiving statutory notices headed

“Notice of Default sums” – at least once a year ? Not to my knowledge

 

Why did you cease payments: Financial difficulty and being sent to prison.

Was there a dispute with the original creditor that remains unresolved? Not to my knowledge

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

I may have informed them of financial difficulty but cannot remember entering into a debt management plan

What is the best plan of action for my case moving forwards?

 

 

Should i send a CCA1974 Section 77/78/79 request to the claimant for a copy of my agreement?

if so where can i get this form from or is there a template letter to send?

 

Should i also send back the acknowledgement of service? in order to receive the full 28 days rather than 14?

 

Do i have a case, as i was in prison?

 

Also i do not want to give Lowell my current address as i am moving soon and don't want them to chase me or pass my details to other creditors.

These things cause a lot of stress to people that do not understand the full process i.e. the other half! and i really don't want that

 

Thanks again for all the support.

[dx100uk]

not sure if being in her majesties BnB makes any odds on this?

i'l let the more knowledgeable ones comment

I'm just here to get things moving in the right direction.......

 

 

you need to ack the claim on MCOL website

create a user

then noting the long number given.

log in with the above

 

 

and along with the details from the claimform complete AOS

defend all

leave juris alone.

log out of MCOL

 

 

.

who is the sols please carter or BW?

[Chancerz]

Thanks again Dx.

 

Have done what you outlined below and did not tick the contest jurisdiction button?

 

Sols are Bryan Carter Solicitors.

 

Hopefully i will get some further advice on what to do as time is of the essence.

 

Have i done everything correctly on the forum? i.e. followed the correct procedures? I don't want to offend anyone!

 

Thanks

[dx100uk]

stuff offending us

you're the one in court!!

 

 

we don't mind a bit..

 

 

ok next bit then

 

 

typically we would say sent a CPR 31:14

from the legal section of the library tab top left to the sols

and a CCA request to the Claimant.

 

 

however, if you've been reading around about Carter, they never respond to CPR

 

 

so......

 

 

I'd be sending LOWELLS

 

 

a CCA request [use a BLANK £1 PO do NOT sign the letter]

 

 

and a CPR 31:14 to LOWELLS.

 

 

dx

[Chancerz]

Thanks Dx. It's just that i thought i had not had many replies and was wondering if i had done something wrong!

 

Can i ask, as i have never gone through this process…

 

Do you know what the outcomes can be?

 

 

Will i have to pay the full amount?

 

 

will i have to agree a payment plan?

 

 

can i offer a final settlement figure?

 

 

what if i was to declare bankruptcy?

 

 

How long does that stay on my record for and would that affect my partners credit etc?

 

So many questions!!!

 

I know i need to find out whether the debt was pre 2007 etc..

By the way, any ideas on how i can do that?

 

I will send the above docs in tomorrows post as I only have until the 28th of Dec to make a full defence representation.

 

 

Is that correct?

 

Thanks Again

[dx100uk]

Thanks Dx. It's just that i thought i had not had many replies and was wondering if i had done something wrong!

 

Can i ask, as i have never gone through this process…

 

Do you know what the outcomes can be? - go read a few cater threads here in the forum you are in

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

 

Will i have to pay the full amount? - not unless they provide the SIGNED CCA if after apr 2007.

 

will i have to agree a payment plan? - as above.

 

can i offer a final settlement figure? - as above

 

what if i was to declare bankruptcy? - as abov

 

How long does that stay on my record for and would that affect my partners credit etc?

it cannot affect your partners record whatever happens

CRA is by PERSON NOT address.

 

So many questions!!!

 

I know i need to find out whether the debt was pre 2007 etc..

By the way, any ideas on how i can do that?

 

 

go get your credit file - try noddle listed below

I will send the above docs in tomorrows post as I only have until the 28th of Dec to make a full defence representation.

 

 

no you'll most prob have to file by 4pm FRIDAY 26th to be SURE its recorded

 

Thanks Again

 

 

there is no better advise than to read read read here and read again.

 

 

the more you read the stronger we become.

 

 

however with andyorch's excellent help - there are few 'wins' for carter you'll find.

 

 

1st key is when you took this card out.

 

 

theres nothing to stop you ringing HBOS and asking

and also aking you last payment day too.

 

 

the more inf you go get the better.

 

 

but NEVER EVER talk to a DCA or their fleecing solicitors ever!

 

 

dx

[Chancerz]

Excellent. Thank you. I have a feeling this was pre 2007…

 

I will do some digging and revert back ASAP.

 

Thank you for your time and support.

[Chancerz]

Before I send letters, i just wanted to double check a couple of things.

 

By sending Lowells a CCA request, is that not making contact with them?

 

Also the CPR 31:14 say's it's for a current account. This particular account was credit card account. Just checking if that's still the correct request to send?

 

I don't know if it makes any difference but i do have a current account with Halifax. It is the only bank account i have!

 

Also i am slightly concerned about giving my current address as i do not want to get harangued here, which will not bode well with my partner. Therefore i am going to use the original address they sent the Claim to.

[Chancerz]

Just spoken to Halifax. It seems like my last payment to the credit card was made in Jan 2010.

 

They could not tell me when i took out the card

but did inform me that i had been making payment to the account in 2005 (which is as far back as she could go on her system).

 

 

So the account was pre 2007.

 

Is that good?

[dx100uk]

yep that's good

 

 

means farter will need the signed agreement

 

 

but the debt is not statute barred

[dx100uk]

Before I send letters, i just wanted to double check a couple of things.

 

By sending Lowells a CCA request, is that not making contact with them?

 

Also the CPR 31:14 say's it's for a current account. This particular account was credit card account. Just checking if that's still the correct request to send?

 

I don't know if it makes any difference but i do have a current account with Halifax. It is the only bank account i have!

 

Also i am slightly concerned about giving my current address as i do not want to get harangued here, which will not bode well with my partner. Therefore i am going to use the original address they sent the Claim to.

 

 

I would not use your old address!

 

 

use the credit card 31:14 then not the current account one!

 

 

you can only request those docs mentioned in their PoC.

 

 

no you cannot harm yourself nor your partner by giving the correct address

 

 

this is a court claim

the time for playing hiding games ended long ago

 

 

and probably the reason you got the claim in the first place

 

 

they were hoping for a non contested default judgement

without being defended.

that's carters MO all the time

 

 

and we have no doubt that the staff purposefully sift accounts that they can do this on

 

 

 

 

dx

[AndyOrch]

Boxing day is a holiday in the courts process....so I would file on the 24th Christmas Eve (4.00pm).

 

Regards

 

Andy

[Chancerz]

Thanks guy's.. So let me get this right so I am doing the right things in the right order.

 

1. Send Lowells a CCA request and a 31:14 now?

 

2. Send andyorch's claim form on 24th December? (where can i find this please)

 

Sorry if i'm being a bit dumb!!

[dx100uk]

1 yes but the correct 31:14

 

 

2. andy was just pointing out you must file your defence by 4pm xmas eve to be sure it is registered in time.

 

 

have you ack'd the claim on MCOL site yet - defend all?

 

 

dx

[Chancerz]

Yes i did that yesterday.

 

Is the defence something i create after i've got the CCA info back?

 

What if Lowell Lives don't send the CCA back before 24th Dec?

 

thanks

[dx100uk]

go read a few threads in the forum you are in

or

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

 

 

you don't know if they've got anything

time to wait and read around.

 

 

dx

[Chancerz]

Sorry to be a pain!

 

I'm just checking that the 31:14 i need to send is the one at the bottom of the list (posted by The Librarian) in the legals page? It does not specifically state credit card but says "request for information when a claim has been issued"

 

Thanks

[dx100uk]

yes

 

 

dx

[Chancerz]

Just a quick update. I received a letter today from Lowells saying that Fredrickson International Ltd A.K.A. Bryan Carter Sols are handling the county court proceedings on their behalf. They have passed my request on to them and that i should hear from them in due course!

 

What a joke! they could have made that clearer so i could have sent the CCA request and 31:14 to them.

 

Do they use do this in order to buy time or does the CCA request etc.. still need to be sent back in 7 days?

[dx100uk]

they are simply diff blokes sitting at different desks in diff coloured skirts.

all next to each other

 

 

no need to change anything.

 

 

dx

[Chancerz]

Thanks Dx.

 

I've just been reading some threads on how to compile my defence etc and when i was going over my POC again I remembered that on the date they mention i was residing at her majesty's pleasure.

 

"assigned to the claimant on 15/08/12 notice of which has been given to the defendant"

 

I was hoping someone might be able to shed some light as to whether I could use this as part of my defence?

 

Thanks

Chancerz

[Chancerz]

Hi,

 

I received the following from Bryan Carter today.

 

We write to your recent letter dated……….sent to our client requesting disclosure under part 31.14 of the civil procedure rules.

 

We confirm the Claim Form was issued by the County Court Business Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court. The Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil procedure Rules will therefore not apply. It is the original creditor's policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

In this regard our client is not agreeable to an extension for you to file a defence.

 

As you will be aware a Claim was issued in this matter on or around the …….. and we are in receipt of your Acknowledgment of Service. 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 judgment being entered against you.

 

We recommend you seek independent legal advice.

 

Yours sincerely

 

Bryan Farter

 

Sounds to me like they are saying that i cannot file a defence and that they want me to respond using the response pack. Also they state they do not have to provide the documents outlined in the 31.14 due to some sort of agreement with the particular court they are using!

 

Not sure where to go from here.

 

Please, if someone could advise me on what to do next it would be greatly appreciated.

 

Many thanks

CZ

[dx100uk]

std response from carter

shown on lots of threads already

 

 

you file on time regardless

 

 

dx