Lowells/BW Claimform - 2005 HFC Loan - Statute Barred?

[Hurley1961]

Name of the Claimant ? Lowell Potfolio 1 Ltd

 

Date of issue – 11 May 2017

 

What is the claim for –

 

 

1.The Claimants Claim is for the sum of £564 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HFC Bank Limited under account reference XXXXXX and assigned to the Claimant on 23/12/2011 notice of which has been given to the Defendant.

 

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest persuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.12 from the date of assignment to 22/12/2012 being an amount of £43.92.

 

What is the value of the claim? £738

 

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

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

 

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 - Lowell Portfolio

 

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? Unknown

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so.

 

Why did you cease payments? Financial difficulties.

 

What was the date of your last payment? Probably June 2006, but proven as before Nov 2009.

 

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.

 

 

Hi all.

I have read several threads on the forum, and could probably work out how to do this on my own, but I would feel a lot better with some experienced guiding hands.

 

I have received a court claim from Lowell Porfolio regarding a loan taken out originally in 2005 with HFC for goods purchased from a high street retailer.

 

 

If I remember correctly, there was nothing to pay for 6 months, followed by 6 months interest free payments.

Failing that it was to revert to 36 payments with interest.

 

 

I believe that I only made one initial payment, before falling into difficulties.

I have managed to find a statement from HFC stating the balance in Nov 2009,

and that is the same balance that has appeared on all correspondence to date,

so I can show that nothing has been paid since then at least.

I do have a letter dated Nov 2012 stating that the loan had been assigned to Lowells.

 

Any help on my best course of action would be gratefully received.

Edited May 15, 2017 by Hurley1961

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

you can file the SB defence today

no need to do anything more re paperwork

 

 

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

.

dx

[Hurley1961]

Thanks for the swift reply.

I just took a look at my file on Noddle, and it states there that the default date was Nov 2011. How does that work out, and would it have any bearing on my defence?

[AndyOrch]

Thanks for the swift reply.

I just took a look at my file on Noddle, and it states there that the default date was Nov 2011. How does that work out, and would it have any bearing on my defence?

 

They will argue its not statute barred for another 6 months and their claim was in time.

 

Andy

[Hurley1961]

I may be being a little slow, but how can the debt not be in default until 5 and a half years after the last payment? I know I have never written to them, and the amount outstanding on the statement for Nov 2009 is exactly the same as now.

[dx100uk]

HFC sold it on just before it became state barred and defaulted it so a debt buyer would buy it and they'll get something for it.

 

 

dx

[Hurley1961]

So the loan was not in default until over 5 years after the last payment?

If that's the case should I still enter (or change) the defence or just the AOC, and should I send them a CCA request?

I don't want to jump the wrong way on the MCOL.

[dx100uk]

well file this one then

 

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

 

1. The Claimant's claim was issued on dd/mm/yyyy.

 

2. The date last payment made was the dd/mm/yyyy

 

3. The Default Noticed was issued dd/mm/yyyy and served xxxxx months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to x years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

4.Therefore 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 true cause of action for breach accrued for the benefit of the Claimant.

 

5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[Hurley1961]

Brilliant. Thank you for that. I'll go back to the MCOL now and enter it.

Is it still worth a CCA request as backup?

[dx100uk]

nope

because that weakens your case

don't matter if they hold a signed agreement

doesn't make it not statute barred if they do.

 

 

if they think otherwise

then they'll have to produce payment details at discloser stage

and it'll never go that far.

 

 

its a speculative claim

hoping for it to go undefended and rubberstamp with no human involvement.

[AndyOrch]

Make sure you edit the dates in the above to fit your delayed default issue.

[Hurley1961]

I did that, but thanks for the heads up.

Defence submitted. presumably I can keep an eye on its status in MCOL?

[dx100uk]

they have 28 days to do something else it gets stayed.

[Hurley1961]

Day 28 tomorow. Nothing so far...

[Hurley1961]

Well, the 28 days came and went with no action. Do I need to do anything to get it set aside now, or will it happen automatically?

Thanks.

[dx100uk]

its automatic

 

 

dx

[AndyOrch]

Well, the 28 days came and went with no action. Do I need to do anything to get it set aside now, or will it happen automatically?

Thanks.

 

You mean stayed...not set a side...nothing to set a side yet.

 

Andy

[Hurley1961]

Ah, thanks - showing my ignorance of the correct terminology. I'm guessing that you only apply to set aside if the case is found in their favour?

[AndyOrch]

Ah, thanks - showing my ignorance of the correct terminology. I'm guessing that you only apply to set aside if the case is found in their favour?

 

No ...if they get judgment after trial...you can appeal the judgment if there is an error in law or procedure by the court. (and have very deep pockets)

 

You set a side if you never received the claim or judgment given in error