Lowell/? claimform - Lloyds loan account

[ROSE28454]

I took a loan with Lloyds some years ago and the debt was passed to Lowell last year or so.

They have been sending me letters

 

I received court papers early December.

I acknowledged them and spoke to them a couple of days ago

as over Xmas I received a letter saying they would go for judgement if I didnt respond or pay by 6.1.16.

 

I managed to get through to them yesterday after trying since Saturday.

 

I was inclined to pay all the money ( with a loan from family ) as I have managed to clean up my credit file last couple years

and dont want a CCJ.

 

They said I could make an arragement to pay monthly and they would not get judgement.

 

Is this true?

[AndyOrch]

Yes it is true Rose...but let us review the debt in more detail first and see if they are legally allowed to claim it from you.

 

If you could read the following link and copy and paste your responses here....

 

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

 

Regards

 

Andy

[Guest]

I received court papers early December.

I acknowledged them and spoke to them a couple of days ago

as over Xmas I received a letter saying they would go for judgement if I didnt respond or pay by 6.1.16.

rose, did you acknowledge the claim with the court in time (14 days+service), and its now defence deadline time? or are they on about a default judgment?

[dx100uk]

you shouldn't be talking on the phone to them ideally either

[ROSE28454]

rose, did you acknowledge the claim with the court in time (14 days+service), and its now defence deadline time? or are they on about a default judgment?

 

 

I acknowledged the claim within 14 days ( but it was over Xmas) and defence deadline is another 2 weeks away. When I asked them they said they had not been informed by court yet

[ROSE28454]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell Portfolio

Date of issue – 11 dec 2015

Date to submit defence = by 4pm 12th jan -

What is the claim for – the reason they have issued the claim?

 

1. The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds under account reference xxxxxxxx (THE AGREEMENT)

 

2. The defendant failed to maintain the required payments and a default notice was served.

 

3. The Agreement was later assigned to the claimant on 24.6.2014 n notice given to the Defendant

 

4. Despite repeated requests for payment, the sum of £1335.00 remains due and outstanding

 

And the claimant claims

a) The said sum of £1335.00,

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum

from the date of assignement to the date of issue,

, accruing at a daily rate of £0.293,but limited to one year, being £106.80,

c) costs

 

What is the value of the claim?

 

Is the claim for a current account- Bank Loan account

When did you enter into the original agreement before or after 2007? - Not sure

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. - Issued by debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I knew they had been assigned the debt

Did you receive a Default Notice from the original creditor? - Not sure

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

Why did you cease payments? - due to my marriage splitting up

What was the date of your last payment? At least 5 years ago

 

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 managementicon plan? No

[dx100uk]

def is due by 4pm 12th jan - not 2 weeks away.

have you sent a cca request to lowells

and

a cpr to the sols

[Guest]

I acknowledged the claim within 14 days ( but it was over Xmas) and defence deadline is another 2 weeks away. When I asked them they said they had not been informed by court yet

 

as you have acknowledged service to the court in time, and the def deadline has not passed,

then they cant apply for default judgment.

 

and, as the def deadline hasnt passed, a summary judgment application is unlikely.

they'll need the courts permission.

 

so, seems not much to their 6/1 deadline.