Lowell Claimform - AA RBS Credit Card

[Les77]

Hi all,

 

I’m looking for advice.

I’ve received court papers today from the county court business centre,

the claimant is Lowell Portfolio regarding a credit card debt of £5700 with the bank of Scotland.

 

In 2008 I successfully applied for an AA loan for £3000 (all paid)

after receiving the funds about a week later I received an AA credit card which I didn’t apply for so I can only presume this was hidden within the loan agreement?? Because I never applied for it!

 

At the time I wasn’t in any financial difficulty so I kept the card,

fell on hard times a couple of years later so I used the card,

realised I couldn’t keep on making the payments.

 

It was roughly 2015 when Lowell bought the debt

I asked for a CCA which took them almost 3 months to supply,

 

when it arrived it does look legit even though I had never applied for the card

- however the date on the agreement is September 2008 but at the very bottom in small print it has ‘sep2007’

 

Not sure whether to just accept this or defend it?

 

Thanks in advance.

[dx100uk]

hi ya welcome to CAG

 

can you please complete this:

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

[Les77]

Sorry for the late reply.

I've acknowledged the claim on MCOL and

sent a SAR to Bank of Scotland.

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue - 07 March 2018

 

What is the claim for –

 

1) The Defendant opened a Bank of Scotland (Credit Card) regulated consumer credit account under reference xxxxxxxxxxx on 25/09/2008 ('the Agreement').

 

2) In breach of the agreement, the defendant failed to maintain the required payments and the Agreement was terminated.

 

3) The agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £5,338.21 remains due and outstanding.

And the claimant claims

a) The said sum of £5,338.21

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment the date of issue, accruing at a daily rate of £1.170, but limited to one year, being £427.06

c) costs

What is the value of the claim? £6276.27 inc costs

 

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

 

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

 

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? 2013

 

What was the date of your last payment? March 2013

 

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

[dx100uk]

not sure where people keep getting the idea from that you need to send an SAR to anyone relation to a court claim!!!

 

you are running late and losing time les 77

you've already wasted 14 days of the 33 you have to file a defence by DO NOT MISS THAT DATE!!

 

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 start 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 CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

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.

[Les77]

As I never applied for the card I was advised on another forum to apply for a SAR. I’ve already got a copy of the agreement which I received in 2016 so do I need to request another?

 

As I said in my first post, the card came shortly after I took a personal loan out so it must have been part of that. Is this something I can mention in my defence?

[dx100uk]

you don't get a free credit card when you sign up for a loan!?

 

so is your sig on this agreement?

or was it an online application.

 

pers i'd still CCA yes AND the CPR - get it running!!

[Les77]

It did come as a surprise when it arrived in the post! It’s got my signature on it and on the second copy above my details it says in small print “By signing this agreement, I request that Bank of Scotland plc send me a credit card and PIN for use with my account”

[shamrocker]

Can you post up a copy of the agreement? ...remove any identifiable information first.

[Les77]

I’ll post it up tomorrow when I’ve got access to a printer / scanner. CCA and CPR have been sent this afternoon.

[Les77]

I hope I've done this correctly?

CCA SCAN.pdf

[jon8214]

Those t&cs are from 26/11/12 so are toilet paper

 

they have to provide the T&C from the time the agreement was signed

[Les77]

Thanks for looking jon, it did take them roughly 6 months to send this to me!

[dx100uk]

no no.4. on T&C's

page 2 is not correct as differing type face.

 

so cut n paste jobbie.

 

tell me...did you sign up for this whilst resident in scotland and have since moved south?

[Les77]

Thanks for looking dx, I’ve always lived in England. Like I’ve previously said, I never applied or signed even though it is my signature. Is this fraud then?

[dx100uk]

whats the address on this application eng or Scotland

and you say you've never lived at it?

[Les77]

The address (eng) that’s on the agreement is correct and is where I still live

[dx100uk]

well you've lost me

so family member fraud?

you never seen the card ever and never any letters/statements?

[jon8214]

DX looks to me like he applied for a loan

 

but on the loan paperwork it stated by being accepted for the loan he would get a CC as well

 

he has said he did receive the card and use it

 

ive just looked at the agreement again and that is for a card, not loan paperwork

 

Les - are you saying you signed the paperwork for the loan and you have never seen that agreement for the card?

[Les77]

I meant is it fraud because somebody as you say ‘cut and paste’ the t&c’s - like jon has said, I applied for a personal loan and around a week later the card arrived in the post. I did use the card but fell on hard times and couldn’t keep on making the repayments.

[jon8214]

thats the way DCA's work to scare you into paying, making you think they have an enforceable agreement

 

did you ever see or sign an agreement for a credit card?

[Les77]

Not to my knowledge, and if I did it must have been part of the loan agreement I signed

[dx100uk]

ah yes sorry forget the story

well you did sign it

but anyway

its not correct as above

and wheres the default notice etc etc.

[jon8214]

Dx that cca les has received is from one he requested in 2006, not from the CCA or CPR request for this claim

 

he hasn't received any docs to do with this

 

Les, have a look at like CC threads and start preparing a defence

 

if they haven't provided any docs from your CCA/CPR don't refer to the ones you received earlier use the standard holding defence

 

post it up here to be checked

[Les77]

I submitted that request in 2015

[jon8214]

sorry that was a typo meant to say 2016

 

but even then that was wrong lol

 

do as per post 23 in regards to defence etc

 

you did sent a CCA and CPR31:14 request?