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Lowell claimform - old HBOS OD Debt***Claim Discontinued***

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I believed a debt was statute barred

when I checked my credit file last payment was in 2009, now it has gone off my file.

 

Lowell now demanding payment,

I sent a statute Barred letter to them

 

they replied that termination of service was in 2009 but payment was made in Sept 2011 so not making it statute barred

 

 

which I totally disagree as my situation was so bad for that period and could not have afford to make any payment from 2009.

 

I don’t have the bank statement, the account had been closed.

 

I sent a letter to lowell to prove date of last payment but they had ignored this.

 

They informed to have made a court claim which I have not received any letter regarding this.

Also they asking me to contact the court for a copy.

 

i have contacted the court and i have been emailed the claim form, filled and returned to the court.

 

the court sent a letter of acknowledgement of my defence and that a copy been sent to the claimant.

 

i received a letter from the creditor that my case is on hold as it is being reviewed

a copy of Directions Questionnaire (Small Claims Track) which they had filled

that i will be sent my copy directly from the court to be filled

so that the court can then make decision from these documents.

 

i have asked the creditor severally to prove/send me evidence of my last payment which has been my defence and up to date they are yet to get that to me.

 

I have been sent a direction questionnaire to fill and return.

I don't understand this process they are taking and don't know what to do.

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hi ya welcome

 

can you complete the form here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

so we have all the required info from the claimform

and also post up a copy of your defence.

 

then following the upload

scan up their WS complete with exhibits to ONE MULTIPAGE pdf

 

dx


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If we can have all the details as per the link above...but in the meantime you must complete the DQ and submit it and serve a copy on the claimants sol by the date stated...otherwise you risk your defence being struck out.

 

The DQ is simple to complete.....yes to small claims track ..yes to mediation....state your local county court......1 witness yourself .....the rest is self explanatory tick boxes.

 

Regards

 

Andy


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what was the debt for?

that can make a difference

so if under a credit agreement like a loan or CC then a CCA request will force them to comply or lose their claim on procedural grounds.

 

Bank statements will be available but you will have to pay for a copy and jump through a few hoops to get it.

They will pay for this eventually as part of your costs you can claim.

 

We assume that you submitted a defence to the court and Lowell

so you now follow the orders of the court as far as documents, times etc and dont dance to lowell's tune

 

 

, they like all of these types of companies like to browbeat people into agreeing to settle by sending letters they say they are going to send to court (and you have no chance etc) when they know it is procedurally improper

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If we can have all the details as per the link above...but in the meantime you must complete the DQ and submit it and serve a copy on the claimants sol by the date stated...otherwise you risk your defence being struck out.

 

The DQ is simple to complete.....yes to small claims track ..yes to mediation....state your local county court......1 witness yourself .....the rest is self explanatory tick boxes.

 

Regards

 

Andy

 

Thanks guy, it's been busy but will try and fill the DQ and the link as per dx request asap. Appreciate you once again.

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Name of the Claimant ? Lowel portfolio ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14 june 17 ?

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. For unpaid debt

 

?????????

 

What is the value of the claim? £3800

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? bank overdraft

 

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

 

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. debt purchaser

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? not sure

 

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

 

Why did you cease payments? i think 2009 ?

 

What was the date of your last payment? don't know

 

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 planicon? no

 

 

Unable to upload my defense as it was saying error and i have tried all i could but to no avail

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So the claim was issued 14th June and you have already acknowledged and submitted a defence and now at allocation stage ?

 

Can we have the particulars of claim above you missed it off and the the date you entered into the agreement and why you ceased payments please.

 

Regards

 

Andy


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I don't know the date of the claim as I did not receive the initial claim form just a blank form that was emailed to me when I requested for it from the court so don't know the full details of the claim.

 

This I responded with my defence then later received the questionnaire direction form which was sent on 14th June but yet to fill that.

 

The original agreement was before 2007 but can't be specific as I don't know the exact date.

 

I stopped payment because things were tough, had no job and was struggling then.

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what defence did you file please


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The details of my defence was that I didn't acknowledge the debt,

I had written about 2-3 times to them to send me the proof of last payment into the account which up till this moment it has not been responded to.

 

My defence was forwarded to lowell solicitors by the court and they replied that my request was been looked at, until they get anything from their client my case is on hold

 

Where it all stands now is that I have to fill in the direction questionnaires

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quick way is to ring the original creditor...who was?

and ask your last payment date

simples really rather than relying on a fleecing DCA to tell you anything other than the truth.

 

if its statute barred

then the claim is dead in the water.

 

the DQ is Easy

yes to mediation [unless it IS statute barred?]

1 wit you

the rest is obv.

 

go ring your old bank now

have you looked at your credit file too?


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Thanks so much for your prompt responses.

I will fill in the dq, ring the creditor.

 

I have aso checked my credit file and that debt isn't on my file as it dropped off I think 2015/16 or so. Definately not in 2017.

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well go ring them [the original creditor ]now then..

who was this please

dx


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thank you

we got there in the end...

 

i'd go ring them now

their banking line is 24/7


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Will try and pop into a branch tomorrow as when I called was told they can't give information on the phone for a closed account.

 

Will update you as I get on, thanks.

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I went in to the branch but unfortunately it was a total different case I found out.

 

I was told I only had 2 savings accounts with few pounds in them still active,

1 credit card which had been closed.

 

Could not get a statement of the credit card account as I was told to contact the collection agent as it was already sold to them.

 

The collection agent name is different to who am dealing with at the moment so maybe it had been passed on.

 

What surprised me most was that I was told the account number I had from lowell couldn't be found on the bank database.

 

I am pretty sure i had a current account and credit card with the bank but was told I only had savings and credit card with them.

 

it appears the debt could be the credit card but the account number differs to what the bank told me.

 

There is no debt on my credit file as previous credit card debt had dropped off.

 

Here I don't know where I stand or what to do as lowell hasn't provided me the details of last payment to the account despite requesting from them.

 

I have also filled the DQ and sent it off.

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what do the particulars of claim state please

you've not told us that.

 

as for HBOS telling you to contact the debt buyer

that's wrong.

 

they MUST hold data for 6yrs .

 

dx


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Pls explain what you meant by "particulars of the claim"

Thanks

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Pls explain what you meant by "particulars of the claim"

Thanks

 

The reason they have issued the claim and what their claim will rely on ...big box on the left of the N1...we have asked for it now 4 times


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As I mentioned in my earlier message I didn't receive their claim form,

 

the court only emailed me a blank copy of the form when I was advised to contact the court

 

can't say precisely what their details are.

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As I mentioned in my earlier message I didn't receive their claim form, the court only emailed me a blank copy of the form when I was advised to contact the court so can't say precisely what their details are.

 

So how did you submit a defence if you do not know what they were claiming.?

 

" i have contacted the court and i have been emailed the claim form, filled and returned to the court. "

 

So they sent you the following...completely blank no names or address or particulars of claim ?

 

https://formfinder.hmctsformfinder.justice.gov.uk/n1-eng.pdf


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Sorry to be messing about,

my defence was based on the info I gathered from the court when the blank form was emailed to me.

 

I have just seen the info been the particulars of the claim as follows.

 

1) the defendant entered into a consumer credit act 1974 regulated agreement with hbos plc under account reference xxxxxxx ('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 07/08/2012 and notice given to the defendant.

 

4) despite repeated requests for payment, the sum of £3,276.05 remains due and outstanding.

 

and the claimant claims

a) the said sum of £3,276.05

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 £0.718, but limited to one year, being £262.08

c) costs

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hooray atlast.......

 

so its CCA regulated..

is the account number 16 digits?

 

if it is

its a credit card number

 

if its not

then, an OD is not regulated under the CCA other than sec 5 I think it is

and their POC is thus misleading in the least.........


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thanks for your patience.

 

 

The account number is 14 digits which the bank told me it was the combination of a sort code and account number but does not exist not even under my name.

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