Lowell/? claimform - Very old OPUS/CITI card 'debt'

[jackthepippa]

Here's my details of the claim as answered using the template from this site.

 

" Lowell

 

Date of issue 25 Feb 2016

What is the claim for – particulars of claim:

 

1) The Defendant entered into a consumer credit Agreement with Opus under account reference xxxxxxxxx ('The Agreement')

2) the Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on 17/08/2012 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £1085.08 remains due and outstanding

And the Claimant claims

a) The said sum of £1085.08

b) Interest pursuant to s69 County Courts

Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.238 but limited to one year, being £86.81

c) costs

.

What is the value of the claim? 1321.99

 

When did you enter into the original agreement before or after 2007? 2003

 

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.* LOWELLS

 

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

acquired it in Aug 2012.

Did you receive a Default Notice from the original creditor?*

 

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

 

Why did you cease payments? Unaffordable interest and charges trebling original debt.

What was the date of your last payment? 2009/2010

Was there a dispute with the original creditor that remains unresolved?*

Yes, affordable repayments were refused and nothing further agreed with me

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a*debt management*plan?* Yes "

 

 

.....................

Struggling to recall this account but have received a claim from Lowell about a debt to Opus.

Believe it may have been an adverse lender full of obscene charges.

 

 

I intend to defend but wanted to know the best grounds for it.

 

 

I haven't acknowledged it in years 2006/8 probably it was active but not the amount they're claiming by long chalk.

 

What would be my best defence please.

Statute barred is an option I'm sure as i havent acknowledged it but also wonder how legit the loan was/is...

[renegadeimp]

Can you say 100% its statute barred? Lowell and sa few other DCA's have bought a ton of bad debts and are trying anything and everything to get money out of them.

[jackthepippa]

Can you say 100% its statute barred? Lowell and sa few other DCA's have bought a ton of bad debts and are trying anything and everything to get money out of them.

 

Unfortunately I cant.

I suspect it's around the border line of 2010.

I have not acknowledged or paid anyone other than Opus originally.

The card was taken over by Opus from Citi.

 

Lowell have only recently taken on this debt as the figure quoted on paperwork did not relate to any creditor.

 

 

Just a random figure.

I didn't recognise where it could possibly be from.

Then Lowell suddenly find the word Opus on their claim!

[renegadeimp]

If you arent 100% sure, check all paperwork and bank statements, or you could send the no paperwork holding response . Lowell or their sols wont have the paperwork or even look for it until you ask them for it, so you could put in that request and buy some time. Although if they come back with it, youd still need a good defense, plus you could challenge charges.

[jackthepippa]

Ok thanks.

 

..However the last time i dealt with Lowell was over a phone bill which had been taken out by my sons ex.

 

They said they did not have to comply with my SAR request to go ahead.

 

I stupidly negotiated a settlement out of court.

 

If I defend this claim they may say they still have no requirement to issue the info.

 

If this occurs again can I insist they drop it?

if this debt no how would I word my defense otherwise?

 

I was not told by Opus that they had sold this debt to Lowell.

 

If I defend claim can it still be negotiated out of court?

 

Should read..'If this debt not SB..'

 

Ooh er just checked my credit file.

.Lowell have this debt as theirs

yet it states the account was opened in 2003!

 

Their activity is all very recent and none tallies with the claim form?

 

I'm more sure than not that it is SB.

 

Do I site my defense as SB only or add that the debt seems to have been assigned incorrectly to Lowell

and that the original terms are flawed/unenforceable?

 

 

Not sure how to word it.

[dx100uk]

if this debt is not SB'd

then they'll never get a CCA anyway.

they don't exist for citi cards they were all shredded years ago

 

can I suggest you go ring citi finance at their Canadian square address?

they'll have all the details

ask when the last payment was.

 

ack the claim defend all on mcol for now

[jackthepippa]

Thanks Dx. Ill dll defend that now.

 

Also when Opus took over Citi,

I suspect I'd have made a payment to Opus initially so would I be best to contact both Opus and Citi?

 

What I am 100% sure of is I was never told by Opus that Lowell were taking over the account.

And this would have been over 7 years at the least.

 

 

So how do the likes of Lowell issue a default for a debt that i did not take out with them?

 

 

How can so many many defaults be issued for the one and same debt?

 

 

My understanding of a default is a one off notice once the account dafaults and not an ongoing saga.

[dx100uk]

the original creditor would have defaulted the card before it was sold

 

you also state tha you did get a letter of assignment from lowells too.?

 

citi will have the details of any payments to opus too I suspect.

 

the defaults on the calendar section make no odds

 

its the date in the summary of the debt that is the important one.

 

dx

[jackthepippa]

Ok.. Also I've just found my letters from Lowell and their solicitors.

 

The one from Lowell doesn't speak of assignment strictly.

It says "You have not paid your Opus account".

 

 

Then at the same time a green letter arrived from their solicitors in Nottingham.

Both dated the same date 21/01/2016.

 

That's it!

 

 

Nothing saying anything about them being assigned the debt.

[Guest]

you say you 'negotiated a settlement out of court' post #5. what and when was the nature of that.

[dx100uk]

that was another debt - the phone one related to this thread/courtclaim

wrong way to go I might add!

http://www.consumeractiongroup.co.uk/forum/showthread.php?440173-Lowell-Claimform-o2-carphone-debt-not-mine-fraud-over-6yrs-old

[Guest]

that was another debt - the phone one related to this thread/courtclaim

wrong way to go I might add!

http://www.consumeractiongroup.co.uk/forum/showthread.php?440173-Lowell-Claimform-o2-carphone-debt-not-mine-fraud-over-6yrs-old

ah ok. cheers.

[Guest]

you then put them to proof re proper assignment.

and anything else.

you didnt answer the default notice question received? they mention one in the particulars.

when was the last payment.

[jackthepippa]

It was last year. I was given the option to deal direct with Lowell and made a reduced offer and paymet plan. This was because they said they didn't need to provide th O2 documentation which would prove it wasn't my signature.

[Guest]

edit

[Guest]

It was last year. I was given the option to deal direct with Lowell and made a reduced offer and paymet plan. This was because they said they didn't need to provide th O2 documentation which would prove it wasn't my signature.

ok. that is re a different matter.

focus on this one, as posted.

[jackthepippa]

Hi Ford,

I can't recall a default notice being served by Lowell.

It says Aug 2012 on claim yet Noddle says June 2012.

This is the alleged default from Lowell and not original lender.

 

 

To the best of my knowledge Lowell did not have the account in 2012.

Also note they limit their interest claim to one year?

is this because they are bluffing about a default notice served?

 

There's no way I can recall one from Citi or Opus.

Far too long ago ..2003 was the account opening date apparently.

 

I don't want to make the same mistake again and give in.

I now highly suspect this debt claim is not kosher.

[jackthepippa]

2003 even

[Guest]

Hi Ford,

I can't recall a default notice being served by Lowell. It says Aug 2012 on claim yet Noddle says June 2012. This is the alleged default from Lowell and not original lender. To the best of my knowledge Lowell did not have the account in 2012. Also note they limit their interest claim to one year? is this because they are bluffing about a default notice served?

There's no way I can recall one from Citi or Opus. Far too long ago ..2033 was the account opening date apparently.

I don't want to make the same mistake again and give in. I now highly suspect this debt claim is not kosher.

assignment date (aug/12) wld normally follow a default date (june/12). double check the default date from the original creditor, ie that the new owner hasnt updated the default date from when they allegedly bought it.

one years interest claim is normal as reasonable, provided they are entitled to it. can be disputed.

a default notice shld be required, so another issue to put them to proof on.

[dx100uk]

I think i'd be getting the last payment details

and going for the SB defence if proved.

 

 

might sideset the need to worry about letters sent or not and be simple.

 

 

dx

[Guest]

last payment date wld be useful.

jack says not sure. so need to consider all otherwise.

a bit of time though till defence submission

[jackthepippa]

Hi dx.. Can you believe I have only just received the SAR from Lowell? (Took them over 3 months)

 

It looks like I am not out of the woods re statute barred.

 

Last £1 made just under 6 years..

 

They are now asking me to contact them with payment proposals or they'll pursue court action..

 

Any advice what I should do next?

 

Thank-you.

[dx100uk]

?? why did you sar a DCA?

 

we told you to phone citi and ask?

 

so what happened with the claim?

did you file the SB defence

and its been stayed since?

 

how many £1 payments are they claiming?

[jackthepippa]

Also.. Just realised the charges and interest over the years almost outweigh the original debt.

 

Can I site this and insist on a refund as the charges against OFT guidelines?

 

As my defence was different, is it too late?

[dx100uk]

please answer the questions in post 23

 

 

dx