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Lowell claimform - old lloyds card debt - statute barred??,

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Today we received a summons from Northampton issued by Lowes over a Credit Card that was taken out from Lloyds Bank in 1999.

 

It was defaulted in 2003 and no payments were made to the card or any other agency that purchased the debt since that date. No admission was ever made to any company either.

 

However since more than six years have passed since the cause of action I am a little lost as to why Lowes have through they can issue proceedings in the matter.

 

I understand now we have to defend this claim (not sure what to write here) and also apply to the court to have this struck out as statue barred.

 

Is there any guidance on what to do?

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have filled in the questions as best as possible.

 

Name of the Claimant Lowell Portfolio I Limited

 

Date of issue – 02 July 2018

 

What is the claim for – the reason they have issued the claim? Particulars of Claim.

 

1. The defendant opened a Lloyds (credit Card) regulated consumer credit account under reference XXXXXX on 01/10/2003 ('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 late assigned to the Claimant on 17/06/2015 and notice given to the defendent.

4. Despite repeated requests for payment the sum of of £6013.93 remains due and outstanding.

and the claimant claims

a) the said sum of £6013.93

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 £1.318, but limited to one year, being £481.11

c) Costs

 

What is the value of the claim? £7005.04

 

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?

Prior to 2007

 

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. The debt was assigned to Lowells and they issued.

 

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 ? No

 

Why did you cease payments? couldn't afford any of the debts and stopped paying

 

What was the date of your last payment? This is were there is some confusion, I have letters stating the debt was £6,213.93, however there seems to be a payment in July 2015, but before that the last payment I definitely made was in July 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 mng plan? Unsure, an agreement to pay was made to pay £9 per month until I stopped in 2012

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if you made a payment in July 2012 then it isn't stat barred

 

unless you made the payment on 01st July

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The payment was made at the start of June, but I need to go to the old bank (Santander) and check as I don't have this bank account.

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I can bet you everything I own that the payment in 2015 was for £1.

I can also guarantee that Lowell won't be able to show how this payment was made.

 

I have argued with them twice about phantom payments.

That being said, you must find out the last time you paid asap and then come back on here and take it from there.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

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Trying to find out from Santander.

The phantom payment is £200.

However shall I ask for the original agreement?

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Oh. Then that won't be a phantom payment. Its only ever £1.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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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.

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If you didnt make that payment nor authorised it in writing to who did then it don't count

Then it is statute barred


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Thanks for the information so far, I have been looking for paperwork and found a few things, but none that acknowledge a payment all that seem to state the same details in one form or another.

 

An interesting find was a credit report from 22 June 2012, this shows the card on the report and states that the card was defaulted on 19 January 2007.

 

It also states that there was an AP (Agreement to Pay) until this month. However everything after this states late and nothing more.

 

I telephoned Santander and they did have a look through the old account, they couldn't find any payment.

 

Even the phantom one, however they also asked if I could go into a branch to have a closer look and see with a colleague.

 

I will do that tomorrow.

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good keep going

seems like the payment was made just before sale

so I wonder if they refunded something like PPI or charges ..though £200 is too round a figure


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I went in to Santander this morning, but although they were able to find it - they also couldn't confirm it was made to this credit card.

 

(I had other Lloyds debts at the time also).

The payment was made as a standing order payment on the 2 July 2012.

They have ordered a set of statements covering the period for me to see if it gives any more information.

 

The only information they were able to give me today was that it was made to a sort code and account number of Lloyds bank, but it didn't say to what they could not see a reference to say what it was paid to.

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well a creditcard doesn't have a sort code and I bet the account number was not 16 digits long ...so cannot be to the card on 2 counts...

 

file our SB defence IMHO.


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

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Interesting that this morning another letter from another firm arrived also was referencing a lloyds debt that was outstanding.

 

This letter however stated that although the debt is statute barred they will write to me from time to time.

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Referencing a lloyds debt that was outstanding. This letter however stated that although the debt is statute barred they will write to me from time to time.

 

 

That's nice of them..... What's the name of this ''firm''?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Start a new thread please in the lloyds forum


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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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That's nice of them..... What's the name of this ''firm''?

 

Intrum formally 1st Credit (my comment wasn't to start a new thread on a different topic but) to show that the debts to Lloyds were at the time three fold, a credit card, overdraft and personal loan.

 

As far as I recall I stopped paying all at the same time and two, loan and overdraft were sold to 1st credit while the credit card was sold to someone else (before then being sold to Lowell).

 

So it was interesting to receive a letter from a different agency stating that they could not recover the dept by court action as it has expired.

 

Reaffirms my thoughts that this claim is SB also.

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I hope they were claiming those separately and hadn't merged them together?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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get that sb defence running...

 

action all in post 9

 

file this as your defence...

 

The following defence is all you need if it is SB

 

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..

 

its for the claimant to disprove SB

not you prove it IS.

 

dx


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

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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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Thanks for this.

 

I received two items in the post on Friday, the first was a letter from Lowells dated 9 July stating we have already issued proceedings against you (even though it is dated 7 days after the date of issue).

 

The second which was more interesting was the statements from Santander, I have seen when the last payment was made - however, I must stress that this payment is purely written as 'lloyds credit card' and does not have a reference number showed to make it clear.

 

This payment was sent as a FP on the 1 June 2012. Which, ever with my lay understanding this would in essence make this claim SB because they issued 6 and 1 month later.

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Just have a query with regards to Money Claim online filing responses.

 

I have filed the defence within the 33 days that is allowed by the acknowledgement of service, but all I see in the little box is the following - Your defence was submitted on 02/08/2018 at 13:54:24 - I do not see it acknowledged. I was under the impression that it gets acknowledged on the same day electronically? Do I need to do anything?

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No.....as long as the " your defence was submitted......" that will suffice.You should receive written acknowledgement shortly

 

Andy


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Ok, here is the current position.

 

The claimant hasn't supplied any documentation as requested from them. They have filed an allocation questionnaire for small claims and asked for mediation.

 

However I wanted to know how best to complete the allocation questionnaire I have received. The mediation questionnaire asks two questions:

 

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each others positions.

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations.

 

For the first I can answer yes, but for the second I am not sure since they haven't supplied me with anything.

 

Also would it be better to just make an application to the court to have the claim struck out?

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yes to mediation

yes to Small Claim Track

State your local County Court

 

1 wit you

 

the rest is obv

 

you and yes for now thus giving them more time

when it comes around to the actual call

yu say no as they ask the same questions 1st again


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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