Lowell/Carter Claimform - LLoyds old overdraft 'debt'

[Kittyxxx121]

I received a claim form for an old Lloyds overdraft yesterday. I was hoping that someone would be able to advise me on how to proceed. I will try and give as much information as possible using the template

 

 

 

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.

 

Date of issue 23/06/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 12/07/2015 + 14 days to submit defence = (33 days in total) - 26/07/2015

 

^^^^^ 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 claiments claim is for the sum of £1200, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds and assigned to 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

And the claimant claims £1200.

The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignmentof the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £94

What is the value of the claim? £1400

 

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

 

When did you enter into the original agreement before or after 2007? Before 2007, The account I had had since 1996. The last overdraft agreement I had was in 2005 I think

 

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? No idea, I've never received any recorded delivery letters from them

 

Did you receive a Default Notice from the original creditor? No idea

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No idea

 

Why did you cease payments? I was heavily in debt and sharing a house. Everyone else moved out and i became liable for the whole rent and council tax at the time, it took up most of my wages. i would have become homeless if I hadn't stopped paying

 

What was the date of your last payment? I haven't used the account since 2007

 

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 management plan? No, I have had no contact since 2007, btw this was a joint account.

 

I would be very grateful if anyone knows the best way to proceed.

[AndyOrch]

Hi Kitty

 

Many thanks for completing the link and providing us with all the necessary information.

 

You have as provided by the link 19 days to complete the acknowledgment of service...this can easily be done by registering to use the MCOL service as explained within the response pack.

You can then deal with this on line.

 

 

What was the date of your last payment? [/b]I haven't used the account since 2007

 

Providing that you have not deposited or acknowledged the account for over 6 years their claim is statute barred and unenforceable....

 

Once you acknowledge the claim...tick the defend all box....ignore contest jurisdiction.... and submit the following defence (assuming your response to the above is no.

 

####Defence####

 

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

 

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.

 

 

Job done....the claimant has 28 days to respond to your defence...or the claim will be stayed or discontinued by the claimant.

 

Regards

 

Andy

[Kittyxxx121]

Hi Andy,

 

Thanks for your prompt reply. I've acknowledged service online as suggested. I'm about to send my CPR 31.14 request to the solicitors recorded delivery. I'm just wondering if it would be worth me sending a subject access request to Lloyds as I no longer hold any information or paperwork about this account?

[AndyOrch]

Hi Andy,

 

Thanks for your prompt reply. I've acknowledged service online as suggested. I'm about to send my CPR 31.14 request to the solicitors recorded delivery. I'm just wondering if it would be worth me sending a subject access request to Lloyds as I no longer hold any information or paperwork about this account?

 

Why....the debt is statute barred......or is it ?

[Kittyxxx121]

Yes it is, but it wouldn't hurt me if they decided to go to court to have paper work to prove it

[AndyOrch]

Fair enough.....may be useful as a back up.

[Guest]

kitty

you mention this was a joint a/c. has the other used the account recently, when was the last payment by either into the a/c?

[Kittyxxx121]

kitty

you mention this was a joint a/c. has the other used the account recently, when was the last payment by either into the a/c?

 

As far as I'm aware 2007

[Guest]

As far as I'm aware 2007

 

ok, just checking no activity re other joint holder

[Kittyxxx121]

I have received a reply to my CPR 31.14 request to Bryan Carter. it reads as follows:

 

 

Dear XXX

 

We write to you further to your letter dated 26th June 2015 requesting disclosure under part 31 of the Civil Procedure rules.

 

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 Proceedure rules will therefore not apply. In any event, the Notices of Default and Assignment left comtrol of the claimant when they were dispatched to you.

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confrim our client is not agreeable to an extension for filing for defence

 

As you will be aware a claim was issued in this matter on or around 23rd June 2015. We are in receipt of your acknowledgement of service and we note your intention to file a defence

 

We recommend you seek independent legal advice

 

Yours sincerely,

 

BRYAN CARTER SOLICITORS.

 

Well, can anyone explain what that means? Do they have any documents or don't they? and are they planning to use any in court? I fail to see what the simple contractual agreement is as I've never had one with Lowell. Where do I go from here?

[Kittyxxx121]

And very strangley, I've just tried to file my defence and it is stating old MCOL number or incorrect password on the site and won't let me in

[Old Cogger]

usual Farter response to any CPR31 request, it does apply up to allocation stage, keep that letter for future reference if needed, look at carter threads and you will see all the missives from Carter (Farter)

see what he sends next! BUT read the previous carter threads and you will see a pattern of missive letters,

 

 

if you still cannot get into send via E-Mail

 

 

 

e-mail [email protected]

 

fax 01604 619 523 / 01604 619 526

 

In the subject line put (claim number) - Defence

[Old Cogger]

wait to see what other may say 1st.

[AndyOrch]

As above.....

[Kittyxxx121]

I received another letter from them today in response to my defence.

 

Dear XXX,

 

we write further to the above matter and confirm receipt of your defence.

 

We note in your defence that you consider this matterto be statute barred. Our client's position is that the limitation period runs from the date the original creditor became entitled to demand payment. The account fell into default on 14th September 2009 and the claim was issued on 23rd June 2015. It is our client's position that the account is not statute barred and the outstanding balance remains payable by you.

 

Our client has instructed that they intend to proceed with the claim and we will inform the Court of the same shortly. However, our client is willing to enter into 'without prejudice' negotiations to settle this matter by way of a Tomlin Order. If you wish to discuss settlement on this matter, we should be grateful if you would contact our offices.

 

I have a couple of questions for the forum? are they correct? and also is it acceptable to wait 2 years before issuing a default notice that i'm fairly certain I never received?

 

I have sent a SAR to Lloyds, which they've acknowledged receipt of. What should I do now? Reply to letter or wait for the stuff from Lloyds and just discuss it in court?

 

Oh and they still haven't sent anything that I asked for.

[unclebulgaria67]

You should respond to say that they have the wrong default date and you will hold them to strict proof by way of copies of original creditors statement of accounts.

 

If you have not used this account since 2007 or made payments, it will be statute barred. They should have issued the default notice as soon as you failed to make the payment due. Normally this is within a couple of months of a payment being missed.

[dx100uk]

std reply from farter in relation to SB

go read other threads

 

 

put up and pay the fee farter or shut up

 

 

its a begging letter - pay us something before we have to disc the speculative claim

 

 

safe to ignore it

 

 

dx

[Kittyxxx121]

Best to wait until I get my information from lloyds before i do anything then. I'll have an exact date then