Statute Barred debt and now a court summons Lowell.

[birchave0]

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 26th January 2015

What is the claim for – Personal Loan

The claimants claim is for the sum of 7973.19

being monies due from the defendant to the claimant under a unsecured loan agreement

regulated by the consumer credit Act 1974 between the defendant

and Lloyds TSB Bank plc under account reference xxxxxxxx and

assigned to the claimant on 30/06/2013

notice of which has been given to the defendant.

 

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

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

The claim also includes statutory interest pursuant to section 69 of the county courts act 1084

at a rate of 8.00% per annum (a daily rate) of 1.45 from the date of assignment of the agreement

to 23/01/2015 being an amount of 830.85

 

 

What is the value of the claim? £7463.19

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

 

 

When did you enter into the original agreement before or after 2007? Before - November 2003

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. No by the assignee/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? Can't remember

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

Why did you cease payments? Dispute over PPI

 

What was the date of your last payment? March 2007

Was there a dispute with the original creditor that remains unresolved? yes

Did you communicate any financial problems to the original creditor

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

 

Just a quick history on this one,

back in 2007 I had a loan with Lloyds TSB,

I complained about the PPI and then ensured a huge battle with Lloyds over various accounts, cards, etc, etc

 

It ended with me opening a new current account with the Natwest and moving all my DDs/standing orders there.

 

Therefore I believe and I have statements to prove it, that the last DD payment on this loan was March 2007.

 

Lloyds were supposed to refund £2900 worth of PPI back against the loan in question,

therefore reducing the amount outstanding and shortening the term.

By looking at the balance they didn't do this.

 

In October 2013 Lloyds sold the account to Lowells,

they sent me a letter informing me of the fact they were intending to make me bankrupt!

 

I sent them a time statute barred letter,

told them to back off and

I received a reply saying the account had been put on hold whilst they investigated.....

 

Yesterday I received a claim form from Northampton,

I'd had a few letters from a company called BR Legal, now it appears they are taking me to court!!!

 

I rang them, told them the account is time statute and they know that

 

It would appear they are going off the default date which is 2009!

 

 

I informed them this is incorrect and any judge would not be impressed should this land in their chamber!

 

I've been told to send in my defence.....

I'm furious

 

Is there anyway I can stop this in it's tracks?

Or will I have to go through the whole chore of defence, witness statements, etc, etc,

 

I have bank statements saying the last payment

 

thanks in advance

[mikeymack2002]

Have you checked your credit file recently if not do do now ....

 

Try noodle it's free

 

Then come back and let us know what it says about this debt

 

Don't forget to send a CPR 31.14 to the team issuing the claim

 

Also have you received a final resolution letter in regards to your complaint? If not then they are breaking the rules issued by the FCA their handbook

[birchave0]

Have you checked your credit file recently if not do do now ....

 

Try noodle it's free

 

Then come back and let us know what it says about this debt

 

Don't forget to send a CPR 31.14 to the team issuing the claim

 

I haven't since last year.

I had a court battle with Moon Beever who were acting on behalf of First Credit last year, we won against their claim for 8K on a TSB credit card account. I did have an Equifax account but it's run out.

I will check out the Noodle option

thanks

[birchave0]

OK registered with Noddle, not Noodle lol

The account is showing as defaulted, however it doesn't show the default date, or the last payment date, I'm sure the Equifax one was more detailed? But it doesn't matter as I know it's TSB, last payment in 2007 so way out.

[citizenB]

Thread has been moved to the correct form as a claim has been issued. Can you please have a read of the link below - provide answers to the questions asked, in this thread.

 

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

 

I am a little concerned about the PPI that should have been refunded to the account. You could raise this in your defence on the basis that the amount being claimed is totally incorrect - or you can submit a statute barred defence which we can help you with.

 

Please provide the information we have asked for and we can then move this forward for you.

[birchave0]

Thanks CB

I will do this now

[birchave0]

Name of the Claimant ?

 

Lowell Portfolio 1 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.

 

26th January 2015

 

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? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

Personal Loan

 

 

What is the value of the claim?

 

£7463.19

 

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account?

 

Yes

 

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

 

Before - November 2003

 

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.

 

No by the assignee/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?

 

Can't remember

 

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

 

Yes

 

Why did you cease payments?

 

Dispute over PPI

 

What was the date of your last payment?

 

March 2007

 

Was there a dispute with the original creditor that remains unresolved?

 

yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

No

[birchave0]

Re the refund

 

 

they told me that the money would be paid back against the account.

 

 

This was an account that was up to date, not in arrears.

 

 

Instead of creating a new loan WITHOUT PPI they just said the refund would shorten the loan....

 

The whole point of complaining was the monthly payments were too high as they included PPI that was miss sold,

 

 

I know this because I was strung the line "take the insurance and you will get the loan".

 

 

Disgusting really

[citizenB]

Ok, your timeline is as follows:-

 

Date of issue 26.01.2015 + 5 days for service = 30.01.2015 + 14 days to acknowledge claim (you can do this online) = 13.02.2015 + 14 days to submit defence = 27.02.2015

 

If you are going to stick with the statute barred defence this is as follows :

 

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

 

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.

 

 

 

 

 

Although I would suggest you wait on a response from those on the site team who have more knowledge - I have left a message for them to look in.

 

Could you please let us know exactly what it says on the Claim form.. the reason they have issued the claim

[citizenB]

Whilst there has been some very lengthy discussions regarding creditors using the default date as the time from which THEY calculate statute barring, IMHO, this is an abuse of their position.

 

They would have known reasonably early on that there was a dispute and that you weren't going to be making payments, so they could have defaulted the account a lot sooner. At the very least 3 months after the first missed payment.

[citizenB]

As for the PPI refund, if the account was not in arrears at the time you submitted your claim, then they would have been obliged to refund you personally, unless you agreed that it could be offset against the account thereby reducing the length of time the loan had to run.

[birchave0]

Ok, your timeline is as follows:-

 

Date of issue 26.01.2015 + 5 days for service = 30.01.2015 + 14 days to acknowledge claim (you can do this online) = 13.02.2015 + 14 days to submit defence = 27.02.2015

 

If you are going to stick with the statute barred defence this is as follows :

 

 

 

Although I would suggest you wait on a response from those on the site team who have more knowledge - I have left a message for them to look in.

 

Could you please let us know exactly what it says on the Claim form.. the reason they have issued the claim

 

thanks CB, I will do that now

[ScarletPimpernel]

I'd say that this is clearly statute-barred, the important date being the cause of action

- which is not necessarily the same as the date of the default notice.

 

 

I've had recent experience with Lowell trying to claim that it's the default notice date.

 

 

In my case they persisted until I made a formal complaint that they were breaching CONC rules by pursuing a debt they knew to be statute-barred.

[AndyOrch]

Dont submit the SB defence just yet ...you have plenty of time........can you please complete the part you missed from the link.

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

Andy

[birchave0]

The claimants claim is for the sum of 7973.19 being monies due from the defendant to the claimant under a unsecured loan agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank plc under account reference xxxxxxxx and assigned to the claimant on 30/06/2013 notice of which has been given to the defendant.

 

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1084 at a rate of 8.00% per annum (a daily rate) of 1.45 from the date of assignment of the agreement to 23/01/2015 being an amount of 830.85

[birchave0]

Dont submit the SB defence just yet ...you have plenty of time........can you please complete the part you missed from the link.

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

Andy

 

Hi Andy

 

I've just done this now ^^^^^^^^

[citizenB]

Looks like you are well covered with the good guys now, birchav..

[AndyOrch]

Many thanks birchave0 ...we have to check the particulars before advising on any defence.

 

However as it is obviously statute barred then you can register now to acknowledge the claim using MCOL and also submit the defence provided above at the same time.

 

Regards

 

Andy

[birchave0]

As for the PPI refund, if the account was not in arrears at the time you submitted your claim, then they would have been obliged to refund you personally, unless you agreed that it could be offset against the account thereby reducing the length of time the loan had to run.

 

CB that was never an option, I still have the original paperwork for the refund. They paid me a cheque for 2 previous loans I'd had, but this one they only offered to pay it against the account. Never any offer of an actual refund to me

[birchave0]

Many thanks birchave0 ...we have to check the particulars before advising on any defence.

 

 

However as it is obviously statute barred then you can register now to acknowledge the claim using MCOL and also submit the defence provided above at the same time.

 

Regards

 

Andy

 

Andy this is for a loan account, not an over draft

[AndyOrch]

Andy this is for a loan account, not an over draft

 

Apologies ...now corrected...advice is still the same:-)

[birchave0]

Thanks Andy do I just go onto MCOL and acknowledge?

I've done this once before, but it was a while ago, so can I have an idiots guide please? I'd hate to press the wrong button, tick the wrong box!

[AndyOrch]

No.... you need to register with the Gov Gateway first to get your username...password is on your claim form.Acknowledge service once on MCOL defend all ignore jurisdiction and then submit the defence.

[birchave0]

So I register online, acknowledge service and select defend all

So I don't need to list my reasons of defence online? I can do that in writing to the claimant?

Is that right?

 

thanks

[citizenB]

So I register online, acknowledge service and select defend all

So I don't need to list my reasons of defence online? I can do that in writing to the claimant?

Is that right?

 

thanks

 

Yes, acknowledge - ignore jurisdiction - submit defence - however there is no need to contact the claimant now. Once you have submitted your defence, they will be advised by the court and will take it from there.

 

If, they decide to try their luck and proceed, you will be asked to submit a Witness statement at a later date with more details.