Lowells Claimform - old LLoyds TSB Credit Card 'debt'

[ufk]

Hi long time reader, first time poster.

 

I requested a CCA from Lowells in October of last year relating to a Llyods/TSB credit card debt.

The card in question was taken out in April 2004 and fell into default in late 2012.

 

4 months later they have sent me what appears to be a copy pasted set of terms and conditions and a copy of the last years worth payments to the account.

 

The terms and conditions have an error in the address I was living at when the card was taken out,

 

they've used the postcode for an address I was living at 10 years later, otherwise it's correct.

 

There's also no date for when the agreement was taken out,

nor is there a signature (I'm unsure if this is required or not).

 

Would I be right in thinking that a reconstituted CCA is only valid for debts after a certain date?

 

I would be grateful if someone could take a look at the attached PDF to see if what I received meets the requirements of a CCA request and if not, what do I do next?

2017-03-07_12-43.pdf

[dx100uk]

if the bits about the address are incorrect

then its bogroll

 

but its bogroll anyway.

 

that doesn't meet the CCA for a reconstructed or otherwise agreement.

and most certainly would not I expect impress a judge ..

 

how did you take the card out

online

in branch

did you sign and agreement?

 

you now ignore them

but ofcourse never ignore a claimform

[ufk]

if the bits about the address are incorrect

then its bogroll

 

 

but its bogroll anyway.

 

 

that doesn't meet the CCA for a reconstructed or otherwise agreement.

and most certainly would not I expect impress a judge ..

That was my impression

 

 

how did you take the card out

online

in branch

did you sign and agreement?

I'm unsure, I think it was probably at the bank and that I signed an agreement if that's the case.

 

 

you now ignore them

but ofcourse never ignore a claimform

Prior to the CCA request they were threatening court action, so do I need to reply to them or shall I let it sit until they start proceedings and defend from there on the grounds that they haven't met the requirements for a CCA request, and thus the debt is unenforceable until they do?

[dx100uk]

you now ignore them

but ofcourse never ignore a claimform

 

 

comeback here if you get one FIRST.

[ufk]

Thank you very much for your help, and thanks to whomever moved the thread to the right place.

[dx100uk]

twas me:bounce:

[BankFodder]

Twas I, actually

[ufk]

Update to this thread, today I received a claim form from Northampton County Court Business Centre.

 

I would appreciate any advice on how to fill the claim form out and how to proceed from here. The results of my CCA (s78) request are attached to the first post in the thread.

 

Many thanks in advance.

[Guest]

that looks partly like what their con agreement used to be.

unsurprised that they have acted on that.

 

and see this http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[ufk]

Name of the Claimant ? Lowell portfolio Ltd

 

Date of issue – 21 March 2017

 

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

 

1.The defendant entered into a consumer credit act 1974 agreement with LLoyds Banking Group PLC under account reference xxxxxxxx (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 24/11/2015 and notice given to the defendant.

 

4.Despite repeated requests for payment, the sum of £3069 remains due and outstanding.

 

And the claimant claims

 

the said sum of £3069

 

interest pursuant to s69 county court act 1984 at the rate of 8% p/a from the date of assignment to the date of issue, accruing at a daily rate of £0.673, but limited to one year, being £245.51

Costs

What is the value of the claim? 3580

 

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

 

When did you enter into the original agreement before or after 2007? Before 2007 (2004)

 

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. Assigned to debt purchaser Lowell.

 

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

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure.

 

Why did you cease payments? Lost job due to long term illness.

What was the date of your last payment? Late 2012

 

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.

 

I requested a copy of the credit agreement under s78 of the CCA in October,

their reply came last month,

a copy of which is attached, they managed to use the correct house and street for 2004,

but the postcode is from a later address.

2017-03-07_12-43.pdf

[Pewpew]

my post is pretty similar to yours (lowell and llyods) maybe have a read on there to get a head start of what to start looking into, i wouldn't do anything yet until some that knows what they are doing can give you some advice every case is different but maybe it can give you some stuff to look into

 

From post 10 is when the claim started

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475348-lowells-lowell-solicitors-claimform-old-LLoyds-Credit-Card-debt

 

 

Spent alot of time lurking around on here they will ask you if you have a sent a CCA request

[ufk]

lol I noticed that people always ask about CCA requests, I made sure to add them to forestall that.

 

Alas I managed to miss something else, the date the time limit expires.

 

21 Mar 2017 + 33 days = 22 April 2017

 

@Ford thanks for posting the link, I tried but couldn't due to my post count.

[Sidewinder]

You need to register with MCOL, acknowledge the claim and note your intention to defend all. Send the Solicitor a CPR 31.14 (from the library) and (another) CCA request to Lowell

 

If what they have produced in your attachment is all that they have produced I can't see any signature boxes and it looks like they have tried to reconstruct an agreement. They would need the original for a pre-2007 agreement to use it in Court

[ufk]

You need to register with MCOL, acknowledge the claim and note your intention to defend all. Send the Solicitor a CPR 31.14 (from the library) and (another) CCA request to Lowell

Will do, thanks.

 

If what they have produced in your attachment is all that they have produced I can't see any signature boxes and it looks like they have tried to reconstruct an agreement. They would need the original for a pre-2007 agreement to use it in Court

Confirming that there are no signature boxes, no date for the start of the agreement either. There was a list of payments prior to and subsequent to the default date and a covering letter.

 

How would I go about politely reminding Lowells of their obligation to provide an original document due to the account being started pre 2007? Do I need to include another postal order?

Edited March 25, 2017 by ufk

[Guest]

How would I go about politely reminding Lowells of their obligation to provide an original document due to the account being started pre 2007

you dont, not at this stage.

do the cpr 31.14 (no fee)

if you've already done a cca request to lowell the claimant, no need to do another.

[dx100uk]

threads merged and tidied

 

 

dx

[ufk]

Acknowledgement of service and cpr 31.14 request all done, now the waiting begins.

[dx100uk]

Well get reading like threads

But whatever happens

Don't miss def filing date!!!

[ufk]

Defence was something I was going to ask about, from what I understand the "CCA" that I was sent isn't exactly valid and without a proper copy the debt is unenforcable (pre 2007); it becomes statute barred at the tail end of next year judging by the default date.

 

I'll do some reading on similar threads and post what I'm considering as a defence in this thread.

[dx100uk]

there is no link between default date and statute barring

 

it cant be statute barred as the claim form stops the clock.

[ufk]

I understand that the clock stops ticking with the claim form, but if Lowells are unsuccessful with their claim does it restart or is it stopped for good?

 

Sorry for the dumb questions, I can see that I have some reading to do.

[dx100uk]

only if the discontinued the claim or lose.

 

they'll probably let it get stayed.

and it stays paused

 

however after a few years you could argue its unfair should they ever go back to court.

[ufk]

Today I received more mail from Lowells in response to my CPR 31.14 request ; a notice of assignment and notice of their solicitors taking over the account.

 

They're saying that the documents they sent me previously are a copy of the agreement (attached in initial post) as requested under s78 and a statement of account.

 

This is a pre 2007 debt, what they claim is a copy of the consumer credit agreement appears to be a copy paste job, has errors in the address (postcode from an address 10 years later), no signatures and no dates.

 

How do I respond?

[Guest]

any copy default notice, or proof of issue of one?

[ufk]

any copy default notice, or proof of issue of one?

 

There doesn't appear to be, I'll copy what they sent me and attach it after I've redacted personal details and case numbers.