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lowell Claimform - old halifax OD debt filed as lloyds OD

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Hi All,

 

Thank's for taking the time to read this.

 

I know there's tons of information out there regarding such matters

- and after much research,

I think have a pretty good grasp of what needs to follow,

but I'd really appreciate your advise or any input you have!

 

The low down:

2012, low point in my life, lots of debt (I know, I've had my spanking).

I have a perfect history for over 5 years now

- so it's essential I avoid a CCJ at any cost!

 

The debt was a current account / overdraft.

It was defaulted in late 2012,

on my credit report, it's showing settled with the bank in mid 2015,

and the debt now falls under a new section under the name Lowell,

with a default status as the same 2012 date.

 

I have not made any contact,

nor payments before the default was even issued.

 

Ok, so first of all the claim form:

 

------------------------------------------------

Name of Claimant: Lowell Portfolio

 

Date of Issue: 18/12/2017

 

Address for Sending Docs & payments: Lowell Solicitors PO Box

 

Particulars of Claim:

 

Author Document

Debt assigned on XX/XX/15 by

XXXXXXX Banking Group,

and the claimant claims:

1. XXXX

2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc

Ref: xxxxxxxxxxxxx

-------------------------------------------------------------

 

I've purposely masked dates and figures,

but if I've gone too far,

let me know,

and I'll fill in some of the blanks.

 

Point 1 - is just a single figure, of lets say 3500.

Point 2, Mentions the "banking group", but not the actual bank I was with, which is under a completely different name. That's it, nothing more.

As you can see, they have been incredibly vague with the POC - this makes me think they know very little about the debt, and it's just a long shot on their part.

 

Ok, so - generally, my plan of action is:

 

1) Sign into MCO and acknowledge (DONE)

2) Send A CPR 31.14,current account version (I'm not sure they even know it's a current account!) to Lowell solicitors PO Box

3) With the information I receive back - write up a defence.

4) If nothing is received back - Write up my defence, which will include failure to provide info specific to CPR and argue their claim is far too vague.

 

I'm having trouble with the 31.14 - as in examples, you request the documents that are relevant / specified in the POC. But there's no mention of any, no agreements, letters, warning, default notices etc etc - it's so vague, I'm not exactly sure what I should be asking for!

 

I would be so grateful for any advice/input on this! I also apologise as this turned into more waffle than I anticipated!

 

Thank you!

 

P

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Hi and welcome to the forum, can you read this post and fill out all the details and paste into this thread https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp the info is what the other guys here will need to help you.

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hey pablo - welcome and don't let lowlifes dampen your festive spirits, follow the advice the other guys have posted and you will get very good help on this forum

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Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue –

18/12/2017

 

What is the claim for –

Particulars of Claim:

Author Document

Debt assigned on XX/06/15 by

Lloyds Banking Group,

and the claimant claims:

1. 3000

2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc

Ref: xxxxxxxxxxxxx

 

What is the value of the claim? 3000

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank/ Overdraft - however, I'm not sure they know that.

 

When did you enter into the original agreement before or after 2007? After (2008)

 

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 - Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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

 

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

 

Why did you cease payments? Employment Issues causing financial difficulties

 

What was the date of your last payment? 04/2012 (approx 3 months before the default)

 

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

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Thanks Pablo, Dx or one of the other guys will be along soon to advise you on your next steps

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Hi fkofilee - I'm guessing that's a letter issued before the claim is issued, in which case, I haven't received.

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Ok, so - generally, my plan of action is:

 

1) Sign into MCO and acknowledge (DONE)

2) Send A CPR 31.14,current account version (I'm not sure they even know it's a current account!) to Lowell solicitors PO Box

3) With the information I receive back - write up a defence.

4) If nothing is received back - Write up my defence, which will include failure to provide info specific to CPR and argue their claim is far too vague.

 

I'm having trouble with the 31.14 - as in examples, you request the documents that are relevant / specified in the POC. But there's no mention of any, no agreements, letters, warning, default notices etc etc - it's so vague, I'm not exactly sure what I should be asking for!

 

I would be so grateful for any advice/input on this! I also apologise as this turned into more waffle than I anticipated!

 

Thank you!

 

P

 

I see what you mean about putting a CPR 31.14 letter together because of the POC.

 

I would say all you could ask for is the Notice of Assignment.

 

As it's an overdraft there is no CCA to request - however you could still possibly request one as you say they don't seem to know it's an overdraft, it would let them chase their tails for a bit, see what others view on this part is before doing so.

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is that the extent of their particulars! :)


IMO

:-):rant:

 

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Exactly! I'm not sure if it's a good thing or bad thing at this point... :|

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is that ALL that the poc says exactly?

 

 

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.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

 

use the current account CPR

send as is


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Thanks Dx, already done the MCOL - I'll print the CPR 31:14 as is, and send out first thing tomorrow.

 

This is the whole thing word for word

 

Particulars of Claim

 

Author Document

Debt Assigned on XX/06/15 by

Lloyds Banking Group PLC

and the Claimant claims

1. 3000.00

2. Statutory interest pursuant to Section 69

of the County Courts Act (1984) at a rate of

8.000% per anum from XX/06/15 to XX/12/17

XXX.XX, and thereafter at a daily rate

of X.XX to date of judgement or sooner payment.

Ref: xxxxxxxxxxx

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are the dates your redactions?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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don't need the XXX's Pablo

too late to bother hiding things now.

so there is NO account number in the poc?

[we don't need to see that - just asking]


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in post 1 you say a completely diff banking group

name please


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There's an 11 digit reference number, but no account number - unless the reference number is an account number of some sort...

 

The POC states LLoyds Banking Group, but the account was with Halifax, so chances are this won't have much effect on anything (as they are part of the Lloyds group)

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probably sort/account

you can PM Me it if you like.


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Ref PM'd.

Nope, England.

 

The Lloyds Banking Group, which is stated in the claim form

- the sum is the exact match for default on a Halifax current account in the credit reference agency.

All the dates add up to this being the same account.

Edited by pablo23

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number doesn't mean anything I can find

must be a stupid DCA number to try and hide the original debt.

 

nothing new for them

though its a removal from lowells usual POC's to give such basic info.

 

obviously trying to hope this would be an uncontested default judgement.


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Reclaim mis-sold PPI Read Here

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I've sent the CPR this morning, recorded delivery, arrival for tomorrow. I'll keep this post updated as it progresses.

 

Thanks for all your help so far - really appreciate your prompt responses - donation en-route!

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:yo::yo:

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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi All, and Happy New Year!

 

Back again with an update! Lowell solicitors sent me two letters in response to my CPR Request.

 

I've attached the letters, but here's a quick brief:

 

Letter 1

 

Lowells Reference Number: xxxxxxx

Claim Number: xxxxxxx

Original Company Name: Lloyds Banking Group

Original Account Number: xxxxxx (which is the 11 digit number that doesn't appear to reference a bank account or sort!)

Current Balance: xxxxxxx

 

  • Acknowledgement of service has been noted on the account
  • The above referenced matter is in relation to a former halifax current account in 2008
  • last payment received by the original creditor on xx xxx 2012 for the amount of 1500
  • due to the nature of the former agreement, it is not regulated by the consumer credit 1974, not required to retain a copy etc
  • We confirm however that we have requested statements and a copy of the default notice, and when a response is received we shall contact you.
  • The account will remain on hold until such time.

Letter 2 - Dated 2015 - Notice of debt transfer to Lowell

 

  • Formal notice that your outstanding account with Halifax, a division of bank of Scotland, was sold and assigned to Lowell June 2015
  • Details of account is listed on the right
  • details are the same reference, account number, With the amount being approx £400 less (court fees etc have been added since)

So that's what we have. What do you guys recommend from this point on? I'll so some research now, but any advice would be great!

 

My primary goal here is to avoid the CCJ but the one thing I can't do at this point is pay the full cost up front.

 

Does it sound like they have enough evidence to pursue the claim?

I'm not apposed to settling outside of court with a payment plan if this was an option (although I here this can be difficult at this stage)

If I've got my dates right, I have until next Wednesday (17th) to submit a defence, but will likely action something before the end of this week.

 

Again your help is really appreciated, than you muchly!

letter2.jpeg

letter1.jpeg

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They haven't sent the NOA from Halifax, any company could send you their letter and say you now owe them the debt

Also they haven't sent the DN either

Start drafting you defence and post it up for the guys to check there are plenty of examples on here for non compliance with CPR

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god don't give in plenty of like defences here for OD's

 

19th by 4pm


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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