Lowells/? claimform - LLoyds ultimate reward account OD 'debt'

[brown owl]

I have just received a claim form from the court. Lowell's are claiming for a credit card with Lloyds.

 

I have not heard anything about this debt for years.

 

I found an old email that I sent complaining about lloyds (to a consumer action group)

because they were harassing me by telephone-this was in 2008.

 

I also stated in the email that I had been paying it but was in dispute with them so had ceased paying.

I am pretty sure I would not have made any further payments

I think it might be statute barred but I am not totally sure.

 

Could someone please advise me as to defend as in dispute with original debtor

(I think they are not allowed to pass it on to a creditor if in dispute?)

or if its better to try and get account details from Lowell and copy of agreement, assignment etc to see if its statute barred.

 

Thank you

[SabreSheep]

Hi there

Sadly they can and will pass it onto third parties

 

1. You need to find out exactly when the last payment was made to help establish SB status

2. follow this link and put the answers to the questions here. http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Also follow the instructions regarding CPR and CCA

[dx100uk]

Get that link done

Go ring Lloyd's and ask last payment date

Easy quoshed if sb'd

[brown owl]

Hi,

 

thank you have done the CCA and CPR.

 

Now confused as I had a letter from Lowell yesterday -original company debt owed to down as Halifax (current account).

On the claim for its down as Lloyds Bank for an agreement under the Consumer credit act?

I presumed it was for a credit card with Lloyds.

Not sure what to do next.

 

Thank you

[martin2006]

Please can you copy and paste the link in #2 as advised and fill in the answers from the claimform.

Is it possible this 2nd letter is referring to a different debt?

[brown owl]

Hi yes I will do that asap.

 

I thought it might be a different debt but the amount is exactly the same and also the account numbers.

 

thanks

[brown owl]

Name of the Claimant ? Lowell Portfolio Ltd

Date of issue – . 6th May 2016

Date to submit defence = -by 4pm Tuesday 7th june

 

What is the claim for –

1 The defendant entered into a Consumer Credit act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@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 17/06/2015 and notice given to the defendant.

4.Despite repeated requests for payment the sum of £1559 remains due and outstanding.

5.And the claimant claims

a.The said sum of £1559

b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum

from the date of the assignment to the date of issue,

accruing daily rate of £0.342 but limited to one year being £110

c.Costs

 

What is the value of the claim? £1885.21

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

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

 

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?

 

Did you receive a Default Notice from the original creditor? Dont recall one

 

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

 

Why did you cease payments? I think I disputed charges (if its a bank account) and they just shut my account without any notice or letter. If a credit card I cant remember.

What was the date of your last payment? Not sure yet

Was there a dispute with the original creditor that remains unresolved? I expect so.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? I may have communicated financial problems if a bank account but did not enter any management plan

Sorry missed the assignment one! Dont remember being told it had been assigned. (certainly not by Lloyds or Halifax)

[dx100uk]

how many digit is the account number on the POC?

[brown owl]

its 11 digits.

[dx100uk]

then its a bank account not a credit card.

 

go look at your credit file

noddle/clearscore

find last payment date

dx

[brown owl]

Okay thank you. I was confused why they said Lloyds and then Halifax.

Are they the same group?

Will it be for an overdraft do you think

and what do I need to do please now for defence.

 

Thanks

[dx100uk]

prob an old TSB account? yes they were all the same at one point.

 

go solve the last payment issue

[brown owl]

Thanks. Just got an account on clearscore but they dont show payment dates.

 

I have had an old Lloyds TSB years ago but also a Halifax more recently.

 

I have no paperwork for either!

 

Do you think Lowells will still send me the account information I have requested?

(I guess the CCA will not be relevant)

 

Should I ask them for anyrthing different now?

 

Also if it was an overdraft would I have had to sign any agreement?

 

I think I just got it online.

 

Thank you

[dx100uk]

well you still need to ack the claim [AOS] on Mcol website

and send the current account 31:14 off to the sols.

 

go ring Lloyds/Halifax/or whomever

but not lowells/sols

find out last payment date

[brown owl]

I did the AOS last week and will phone Halifax.

 

What is the 31:14 please?

 

Okay found it thanks for your help.

[dx100uk]

cpr 31:14 current account version

but wait till you get inf from Halifax on last payment date info.?

you might not need to send one if the debt is sb'd?

[brown owl]

Okay. Halifax say the account was closed 2013 but have no last payment date.

Its an ultimate reward account with overdraft facility.

They said I should ask Lowells for all the statements prior to 2013.

Shall I do that along with the 31:14 request please ?

 

I have a feeling its not going to be statute barred:!:

 

Also is there a template or wording I need to use to get the account information and statements please?

[dx100uk]

utter rubbish

phone Halifax back and tell them

the account was closed less than 6yrs ago

 

under ICO Data protection rules they MUST hold data for 6yrs

if they don't comply tell them you will be writing to the ICO

 

no need to ask the DCA via any other letter than the CPR 31:14

[brown owl]

Hi, spoke to Halifax again who said they dont have any information other than the balance.

I mentioned the ICO but she didnt know what I was talking about.

Sent the request to Lowells.

 

Thank you

[dx100uk]

you have sent a 31:14 to the claimants sols...

[brown owl]

Yes I did that today recorded delivery. How long do they have to respond please?

[dx100uk]

hopefully not at all

[brown owl]

Hi,

 

not heard anything from Lowell's.

Do I need to contact them again or just wait.

If they don't reply will someone advise me on the defence for the form please.

 

thank you

[Guest]

Do I need to contact them again

re the cpr request? no

[dx100uk]

type Lowell claimform OD

in our search cag box

 

 

do NOT miss your defence filing date!!

 

 

dx