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Statute Barred debt and now a court summons Lowell.

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I have provided the Statute barred defence for you in an earlier post. Nothing more, nothing less.. exactly what I posted up for you.


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2: Does your Bank play fair - You can force your Bank to play Fair with you

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Statute barred defence

 

 

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.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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BIG thank you!!!

I'm at work so will go online at lunctime and do this

:-)


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Print off a copy of the page or take a screen shot - I think you can also print off a receipt but been so long since I had to do anything on MCOL, cant be sure.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 acticon 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.

 

Is that right? The bit I've highlighted in pink? Should that say defendant instead?

Sorry for all the questions I'm currently filling this in online and want to be 100% I get it right lol

 

thanks


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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No its correct ...the claimant does contend

 

thanks, sorry about that I couldn't get my brain round it!!! Legal speak is not my speciality! :lol:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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SMASHING!!!

All done and I pressed the send button!

I have printed off copies for my reference too :-D

 

So now I just sit and wait?????

That will be a killer ha ha

 

Thanks for all your assistance so far guys, much appreciated :wink:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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:thumb: The court will forward your defence to the claimant...they have 28 days to decide if they wish to proceed on a statute barred debt:razz:

We could do with some help from you.

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:thumb: The court will forward your defence to the claimant...they have 28 days to decide if they wish to proceed on a statute barred debt:razz:

 

watch this space!!!!


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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I'm going to check back through my paperwork but I'm pretty sure I still have the original agreement for this loan. What I remember most was the PPI carry on, and the fact that when the agreement was sent out in the post for me to sign, Lloyds had already signed it.... Rather than me sign it, then them? Not sure if it has any relevance but hey ho, we'll see.

 

The original loan was over 5 years with PPI, after about 10 months I rang Lloyds and told them I was struggling with the monthly payments (about £350 a month) so I asked if I could cancel the PPI. I was told no, but what they could do was turn my 5 year loan into a 7 year one! Hence making it longer term, and therefore reducing my monthly payments. Down to about £258 a month. the new & year loan STILL had PPI on it!

 

So instead of cancelling the loan and giving me a new one, without any PPI, they still made me take it out!!!! GGGR

In 2007 when I complained about the PPI they agreed to refund the premiums from the previous loan, but this one would be paid back against the loan, shortening the term!

The loan was not in arrears, but they refused to give the refund to me, it HAD to go against the account.

I never received a statement showing the refund, it was nearly 3k and the balance of the loan was around 6k

From my last payment in March 2007, Lloyds never chased me for the money, no phonecalls, no letters, nothing.

 

In fact I think there may be a thread on this forum about it, I will go for a look lol

 

Will be interesting to see if Lowell's/BW Legal can come up with anything :wink:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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I received a letter from the court, they received my acknowledgement of service and defence.

So just a case of sitting and seeing what BWs next move will be :wink:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Well 14 days and nothing!!!!

How long do they have to reply? How long before the court will stay the case?

 

thanks


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Well 14 days and nothing!!!!

How long do they have to reply? How long before the court will stay the case?

 

thanks

 

They have 28 days to advise the court if they intend to proceed. They are almost certainly trying to look for a reason to claim that it is NOT statute barred, so will definitely take all the time. You don't actually want this stayed. You want them to discontinue their claim because it IS statute barred. .


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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waiting to see what they try to come back with


:???: what me. never heard of you never had a debt with you.

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waiting to see what they try to come back with

 

We have seen some claimants use "phantom" payments - this is risky because they would then have to prove it was you who made these.

 

We have seen incidents where the original creditor has refunded to the account overpaid interest or charges - again this is down to them and not something that can be used to reset the SB clock.

 

We have seen them try to claim, that the statutory fees of £1.00 and £10.00 for CCA and SAR requests, is actually monies paid in by the debtor.

 

These examples are just some of the ways they can try to muddy the water for those who are not aware.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'm interested in the outcome of this case, as I have some debts which are in year 5 of the default process.

 

Legally, does the statute-barring process start from the last payment, or when the creditor issues a default letter?

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I'm interested in the outcome of this case, as I have some debts which are in year 5 of the default process.

 

Legally, does the statute-barring process start from the last payment, or when the creditor issues a default letter?

 

from when you last made a payment.

we had a ruling last year at county court where 2 judges on separate days agreed that the date was the one when the customer made his/her last payment against the account

we won, Moon Beever solicitors/First Credit lost!

it was TSB by around 6 years and 6 weeks :lol:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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After spending an evening in the loft I'm feeling very confident!

 

I discovered a loan statement from Lloyds dated 28 February 2008

It quite clearly shows the last payment as 1st February 2007.........

It also shows that they DID NOT pay back the PPI against the account, it was £2934.40

 

all very interesting I think!

I complained about the PPI being paid back against the account in November, but it appears it was not even set off against the loan!!! Naughty Lloyds!!!!


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Reclaim that PPI :)

 

already with Lloyds :wink:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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I also have a letter from the insurance folks at Lloyds, it's regarding a complaint I made in January 2007.

It's actually an offer letter, basically saying they agree as a gesture of good will to refund the PPI AGAINST the account, including the interest. So that would be £2934.40 PLUS interest.

 

It goes on to say at no time do they accept liability of any wrong doing.......

 

I signed and returned the form, they didn't repay the PPI, the statement quite clearly showing that.....

very interesting lol :whistle:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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UPDATE....

 

Nothing from the court or Lowells

 

However a letter dropped on my door mat yesterday from Lloyds, it appears they are upholding the complaint I made back in November last year.

The PPI they DID'NT pay back against the account will now be paid to me by cheque!!!!! :lol:

 

RESULT!!!!!! YAY!!!!!!

 

Now just have to wait and see what happens with the Lowells lot :wink:


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Keep checking with the court. DOnt rely on lowells.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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