Lowell/carter - lloyds current account +overdraft claim issued***Claim Struck Out***

[cookie1976]

Hello All

Firstly thank for help in my other posts.

Just to make things worst came back home and found claim form from bryan carter regarding lowell related to Lloyds.

 

quick info:

name of the claimant: lowell portfolio i ltd

date of issue: 9th october 2015

particulars of claim:

"the claimants claim is for the sum of xxx, being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974

between the defendant and Lloyds under account reference xxxxxxxxxxxxxx

and assigned to the claimant on xxxxxxxxxxx notice of which has been given to the defendant.

 

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

 

and the claimant claims xxxxx

 

the claimant also claims statutory interest persuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to maximum of one year a maximum of..."

value of the claim : 1300 - current account/overdraft

 

i did not received notice of assignment,

notice of default sums,

anything except demand of payment from time to time from different dca.

 

before i came back home i posted letter to bryan carted with information that debt is staturatory barred under limitation act 1980.

 

i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009

besides if oryginal entry regarding this account vanished from credit report it must be over 6 years am i correct?

 

well cant check it atm because Lloyds account just vanished from my credit score and i got some document at work so will confirm that.

 

what i should do next?

 

acknowledge and fill out defence based on SB

or proceed with defend in full like other people ?

im bit confused...?

 

thanks for help guys

 

lowell claiming that account was defaulted in 2010.

[dx100uk]

You always defend all regardles when a debt buyer issues a speculative claim

 

Priority is to confirm it is statute barred

 

Can you not ring Lloyd's and ask?

 

Dx

[cookie1976]

You always defend all regardles when a debt buyer issues a speculative claim

 

Priority is to confirm it is statute barred

 

Can you not ring Lloyd's and ask?

 

Dx

 

Can try tomorrow. will post update as soon as i find out.

will they provide me this information over the phone?

hmmm...? any othermethod to confirm this to be sure...?

cheers

[dx100uk]

Lloyd's should if you are lucky

 

Your issue might be if the demand for payment by Lloyd's was within the last 6yrs

Then it won't be SB.d

 

Dx

[cookie1976]

You always defend all regardles when a debt buyer issues a speculative claim

 

Priority is to confirm it is statute barred

 

Can you not ring Lloyd's and ask?

 

Dx

 

just found report 3 late payments in 05/2009 , then they put ap status - arrangement to pay for next 6 months ( cant remember going into any arrangements), then another 5 months late payments and default mark in may 2010. account settled in july 2013 thats Lloyds entry

 

then i got second entry from lowell same start date same amount with default mark may 2010.

 

so if i would go with this then account is not SB yet. but some other forum users mentioned that time line to SB runs not from default date but from date you stoped making payments and no acknowledgement was made, im quite sure that around may/june 2009 Lloyds made demand of payment so i contacted them and after going into nowhere they made some payment arrangements i dont know nothing off.

 

dont know if that make sense ;-)

 

is it allowed to have two entrys on file regarding same debt?

if no how i should approach this to get that removed?

 

thanks again

[AndyOrch]

I would disregard the default marker being placed May 2010

 

" i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009 "

 

Overdrafts cause of action run from the date of the demand/recall...what months in 2009?

 

Regards

 

Andy

[cookie1976]

I would disregard the default marker being placed May 2010

 

" i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009 "

 

Overdrafts cause of action run from the date of the demand/recall...what months in 2009?

 

Regards

 

Andy

 

Hello Andy

last payment feb 2009 then account went into arreas and never again was back as current.

payment demmand was made by Lloyds apr/may 2009 i do remember that because i went to bank to have a chat with manager

but he told me sorry m8 we cant help you so account went wrong way

- because of charges snow ball custom Lloyds practice ( dont know about now but that was custom practice in back days).

 

now account was opened in october 2007 that may sugest that OD was agreed for a year ,

there where changes of amount agreed between 2007 and 2009 i dont know if those changes will change OD start and demand time.

ia affraid to many questions i cant answer.

 

Thank You all for help

I do realy appreciate it ;-)

wish you all gn

[cookie1976]

Lloyd's should if you are lucky

 

Your issue might be if the demand for payment by Lloyd's was within the last 6yrs

Then it won't be SB.d

 

Dx

 

Hello dx will try to call Lloyds tomorrow i see what information i can get from them. Thank You

[AndyOrch]

I would say its statute barred then if demand/recall was made by Lloyds Apr/May 2009

[cookie1976]

I would say its statute barred then if demand/recall was made by Lloyds Apr/May 2009

 

Thanks Andy

I think so but how i can justify that before court?

so question remains if i cant get evidence ( or i dont know how to get it) regarding SB

and my limited time to aquire evidence due to fact that claim has been issued on 9th october. what i must do next.....?

 

Thank You

[AndyOrch]

Have you kept a copy of the Demand/Recall Notice ?

[cookie1976]

Andy

will go tomorrow thrue all documents from lloyds i got from that period of time. not sure if i do have anything left but will update info tomorrow.

Thank You

[AndyOrch]

Well if you find that.....you are home and dry

[dx100uk]

its for the claimant to prove its not SB's

not for you to prove it IS.

 

 

pers I'd file the SB defence 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.

.

[cookie1976]

Thank You all

 

Its big relief when you know there are people there that can help.

without you all so much more people like me would be suffering from stress and depressions being treated by DCA and court claims.

 

Some people may say You should pay Your debts and i do agree that everyone should be responsible lender.

 

 

I was victim of me self. had for moment good financial situation and then everything went down.

Family problems, financial problems not paying for something to catch up or some other bills.

trying to recover since that time but it’s difficult.

 

 

Constant falling behind on bills ,

constant bank charges for overdrawing current account.

 

 

Sometimes it hard to catch between 1st and last day of the month.

 

therefore i want to thank you all love you guys ;-)

have a good night

[shamrocker]

Don't apologise for your situation cookie. Lowell and their like would screw you for every possible penny, even if you didn't owe it - and the bankers won't be worrying too much about your personal stresses when they're enjoying their Champagne parties.

 

You getting a few quid off them just means they can't drink so much Champagne.

[cookie1976]

Well if you find that.....you are home and dry

 

Hello Andy

Two days searching unfortunate no luck.

cheers

[cookie1976]

its for the claimant to prove its not SB's

not for you to prove it IS.

 

 

pers I'd file the SB defence 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.

.

 

Hello DX

 

Concidering feeling defence based on SB.

Im sure they cant provide any proof ( well almost 100% sure)

Can i change defence in line if they will provide anything?

You helped guys on my wife case last year same problem. ad was discontinued. should be in my previous posts. would be possible to cheng defence to simillar in case

thanks

[cookie1976]

its for the claimant to prove its not SB's

not for you to prove it IS.

 

 

pers I'd file the SB defence 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.

.

 

DX

just before i received claim form i had posted letter to BC (template SB).

Now if they would reply to letter saying no the case is not SB do i have a right to ask for document they based their decision on/?

 

Thanks

[AndyOrch]

Hello Andy

Two days searching unfortunate no luck.

cheers

 

Not overly important..would have just made it a certain.......its still SB:-D

 

Regards

 

Andy

[cookie1976]

Not overly important..would have just made it a certain.......its still SB:-D

 

Regards

 

Andy

 

Hello All

 

"Your defence was submitted on xxxx at xxxxxx"

 

two more questions:

 

1. sould i send additional letter to ask court for venue chenge ? if so any Chance you got some template handy?

2. in case they will go forward with case and if in magical way of appearing things they will produce something that will show this is not SB should i start to send them cpr requests and other to get me self ready for other options as well?

thank you

[AndyOrch]

Claim is automatically transferred to your local county court at allocation stage.Yes do send a CPR 3.14 if not already.

 

Andy

[cookie1976]

Hello

Quick update:

27 october - CPR to bryan carter

 

27 october -CCA to lowell

 

both recorded first class

 

So far received letter from Bryan Carter

 

"we confirm that claim form was issued by the country court...Practise direction 7c point 1.4(3a) eliminates the requirement to attach the documents to the particulars of claim when issued by this court...

it is the original creditor's policy to issue agreement 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"

 

till today have not received any answer from lowell.

 

should i respond to this letter from BC, should i write something more to lowell?

 

thanks guys

[dx100uk]

nope go read other carter threads

you'll see that's a std response.

[cookie1976]

nope go read other carter threads

you'll see that's a std response.

 

cheers dx - thanks a lot ;-)