lloyds/carter claimform - HBOS OD debt - statute barred? ***Claim Discontinued***

[Toonbaz]

I am looking for some advice on a county court claim made by Bryan Carter on behalf of Lowells.

 

 

We are a certain as we can be that this default is statute barred.

 

 

There is no record of the account on credit file, the default has dropped off credit file, and no contact or payments have been made since 2008.

 

I've looked around and I am unsure if we go straight ahead and send our defence on that basis

or if we just acknowledge it at this point and make clear we will defend it all and go down route of requesting further information from Lowells

 

Any advice would be greatly appreciated.

Thanks

Barry

[sillygirl1]

Yes, acknowledge the debt and you have extra time to get the defence together. Carter is known for issuing court cases like confetti and then dropping them if paperwork is demanded.

 

Use the CPR rules to get info from Lowells rather than an SAR as that would take too long.

 

Other more experienced people will be along soon.

[unclebulgaria67]

Yes acknowledge and defend on basis of it being statute barred.

 

What type of debt is this ? If credit card or loan , send a CCA request to Lowells. You could send a CPR 31.14 to BC asking for any documents mentioned in their particulars of claim, but they won't provide them and will respond saying so. You could phone BC asking why they issued a claim on a statute barred debt and ask when they think a last payment was made. Record the phone call if you can. Ask them to confrim the payment details in writing.

 

If there is anyway of finding out the last payment from original creditors, it might be worth getting this confirmed in writing, just in case needed.

[Toonbaz]

Thanks for quick replies. Im not sure what the debt is for. It would either be a credit card or an overdraft, there were three debts to same bank all of which should be statute barred. I have no idea which of those debts this amount relates to but it could only be a card or overdraft

[theoldrouge]

please fill out the following as fully as possible

 

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

[theoldrouge]

as claim has been issued thread moved to financial legal issues please continue to post here

[Toonbaz]

Name of the Claimant - Lowell Portfolio Ltd

Date of issue – 11/08/15

Date of issue Friday 11th sept 4pm def deadline

 

What is the claim for

– the claimants claim is for the sum of £733.22, being monies due from the defendant to the claimant

under and agreement regulated by the consumer credit act 1974 between the defendant

and HBOS PLC Under account reference xxxxxxxxxxxxxxxx and

assigned to the claimant on 07/08/12 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 £733.22

 

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 58.66

 

What is the value of the claim? 791.88 plus fees and costs of 130

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

- Unsure, only debts to original creditor were for overdraft and credit card, debt would be one of these

 

When did you enter into the original agreement before or after 2007? - before 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 has been purchased and claim is by the purchaser.

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

Have received letters previously from Lowells so would assume on of those was a letter of assignment.

Never replied to any letters from Lowells

 

Did you receive a Default Notice from the original creditor? Don't recall this but have moved several times and never updated address with Lowells

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

I believe so but most letters ignored and binned without much attention as thought

they were just fishing for a response knowing it was a statute barred debt

 

Why did you cease payments? Couldn't afford to keep up repayments

What was the date of your last payment? Unknown but likely to have been early 2008

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

[dx100uk]

if you think the debt is 100% statute barred

 

 

ack the debt on the MCOL website

defend all

leave juris unticked.

 

 

then exit mcol

you DONT need to request anymore time at all.

 

 

once that's done

go back to mcol and file this defence now:

nothing more needs doing

but you must be 100% sure its statute barred.

 

 

fill in the 2 bits needed and file it now:

 

 

 

The following defence is all you need if it is SB

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.

.

[dx100uk]

if they are stating its regulated by the CCA and giving a 16digit number

its the credit card not the OD.

 

 

dx

[Toonbaz]

Thanks for that and thanks for making my post more readable, posting on iPad and couldn't change colour!

 

I will check a little further tonight to ensure we are 100% sure of timeline. Pretty certain it's well over 6 years though which looks like it will make the defence a bit more straight forward.

[dx100uk]

is that ref number on the claimform 16 digits?

 

 

dx

[Toonbaz]

is that ref number on the claimform 16 digits?

 

 

dx

 

No, 14 digits. My partner has just realised when we checked that it appears to be sort code and account number amalgamated together. That brings us to believe it relates to a £500 overdraft on that account.

[dx100uk]

ok no bother

thread title amended

 

 

same mo though

if you are certain its SB'd

file that defence now

not need to wait.

 

 

there would be no harm in ringing HBOS and asking

 

 

dx

[Toonbaz]

Does it matter if you go straight to defend claim without completing the acknowledgment of service? I seem to have skipped that step but haven't yet filed the defence, is it imperative that I complete AOS and if so can still go back to this step?

[dx100uk]

you cant read post 8 first

[Toonbaz]

Sorted, AOS completed and defence submitted as stated above. Would I just leave it at that, nothing to Lowells or solicitors at this point? Your help is greatly appreciated.

[dx100uk]

nope that's all

wont hurt to read a few threads here and in the successes forum mind.

 

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

next move is the claimant

 

 

be SURE to come back here if you get anything.

be aware ofsilly phonecalls etc

neverever talk on the phone about you debts to anyone esp a dca!

dx

[Toonbaz]

Bryan Carter letter arrived this morning

 

We are writing to formally confirm our Clients intention to proceed with this matter.

 

We will send notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between the parties.

 

Please contact our helpful team on 0345 8396166 to discuss how we can come to an arrangement by consent.

 

We recommend you seek independent legal advice.

 

We look forward to hearing from you

[Old Cogger]

Usual template response to anything in an attempt for you to settle, usually before next missive arrives all part of the bluff

[dx100uk]

hows the SB investigation doing?

did you sort it and file the SB defence?

 

 

dx

[Toonbaz]

Yes, certain this is SB. moved house in October 2008 and know for certain I haven't paid or discussed this account with anyone since that date and probably for about 6 months prior to that also.

 

SB defence was filed straight away on MCOL on 13th august.

[dx100uk]

great next move is carters then and not silly letters

[Toonbaz]

So the letter from Carter's today I shouldn't respond to? I thought that was there next move following my defence.

[dx100uk]

nope

 

 

go read a few carter claim threads.

 

 

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=lloyds/carter+claimform+&sa=Search+CAG#gsc.tab=0&gsc.q=lloyds%2Fcarter%20claimform&gsc.page=1

 

 

dx

[Guest]

So the letter from Carter's today I shouldn't respond to? I thought that was there next move following my defence.

 

'they will send notification to the court shortly but before we do so....'

 

so they havent decided yet to pay the fee to continue. maybe let them decide whether or not to do that first. if they do then it will go to questionnaire stage (unless there are any applications in the interim) where the courts mediation service can get involved. if they dont do anything within around 28 days then it will be auto stayed.

if sure is barred, then let them ponder.