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Lowell claimform - HBOS OD - poss SBd

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Guys,

I am about to send defence to Northampton County Court, please I need your help.

 

Claim issued 14/09/18, received it on 18/09/18 and acknowledged it same day on 18/09/18.

I think I have till wed 17/10/18 to file my defence?

Please correct me if I'm wrong.

 

Claim is about HBOS overdraft of current account I held since 2003, I believe it's status barred judging from when it was closed...

od fees was up to 100 pounds I couldn't maintain payment.

 

I held 2 overdrawn current account but upon challenging for second account they recently sent me letter stating account closed balance is zero.

 

If I had challenged Lowell for the one they raised claim for maybe they'd dropped it as well.

 

But i didn't I just bin their letters as believe it's statute barred.

 

Other points:

1, Account number they've been quoting is wrong

2, Despite signing for it and cashing statutory 1 pound, they have not responded to all my signed for letters dated 21/22 sept 18 : CCA, Cpr 31.14, etc. SAR to HBOS no reply yet

many thanks for any help in advance

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Tues 16th Oct by 4.00pm rennai

 

Read the fallowing link and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

Regards

 

Andy


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you've been here since 2011 and are familiar with courts

bit unfair on us to leave it till the last minute rennia.

 

why did yo send a CCA request for a bank account?

 

if its statute barred go ring HBOS and ask last payment date.

if SB is confirmed then simply file our SB defence???


please don't hit Quote...just type we know what we said earlier..

 

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Apologies to all for bringing this on here late, it's due to issues of life for over 3 yrs now.

 

CCA request was in response to confusing statement of claim by Lowell

Edited by dx100uk
quote

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Tues 16th Oct by 4.00pm rennai

 

Read the fallowing link and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

Regards

 

Andy

 

Please respond to this


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Statement of claim

 

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have removed that as its unredacted and we don't need to see it anyway

 

please complete the link in post 2

 

and go ring HBOS and using the account number in their POC ask last payment date please


please don't hit Quote...just type we know what we said earlier..

 

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Hbos staff claims not to have info about account...too old

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In order for us to help you we require the following information:-

Name of the Claimant ? LOWELL

Date of issue – 14/09/18

Particulars of Claim

What is the claim for – the reason they have issued the claim? ATTACHED IN LINE

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) YES ?

What is the total value of the claim 2383

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

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

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

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? No

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

Why did you cease payments? 2008

What was the date of your last payment? 2008

Was there a dispute with the original creditor that remains unresolved? Yes

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Yes but no to debt mgt plan

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Did you submit a defence ?


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yes submitted defence; acknowledged by the court. Received letter from LOWELL Solicitors yesterday stating they agreed to mediation, I'm yet to receive similar questionnaire?

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Sb defence?


please don't hit Quote...just type we know what we said earlier..

 

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Yes

Edited by dx100uk
Quote

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good!

 

typically we say no to mediation if the SB defence was filed.

 

did you send a CPR 31:14?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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yes cpr 31:14 sent;

 

LOWELL lied about mediation, because I rang court they said no response from LOWELL yet...that I'll be notified of mediation options if and when they respond

Edited by dx100uk
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Court papers received,said no mediation

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Copied to lowell?


please don't hit Quote...just type we know what we said earlier..

 

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I intend to send a scan copy to Lowell by email is it ok?

Edited by dx100uk
quote

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no never use email

gives them a freeway to harass you and file documents at midnight.

 

post it!!

get free proof of posting from any PO counter

 

remove you email/sig/phone from the copy you make for them


please don't hit Quote...just type we know what we said earlier..

 

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Guys,

SB defense damaged because docs sent to me recently by OC SAR dept shows account was used 01/03/13,

 

I was surprise to note this but, from last discussion with Lowell I think they obviously don't know about said transactions. 

 

Time line: Hearing is fixed for 31/05/19.

 

Lowell didn't reply to my CPR 31.14.

 

Lowell entering wrong info (default date and amount owned) on my noddle / callcredit credit file, no record on experien and equifax).

 

I spoke to OC yesterday and their contact said the account was never defaulted account until it was sold.

 

Should I challenge Lowell on this and escalate to ICO.

 

Guys, please any advise on what I should do with these lots before hearing day?

 

I can't mediate because I have no response from Lowell.

 

Thanks in advance for any help.

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What do you mean by used?


please don't hit Quote...just type we know what we said earlier..

 

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1 hour ago, dx100uk said:

What do you mean by used?

Used? I used bank card to make a purchase online.

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Never seen a case scuppered by use of the card

And

Of course this is info you have that you keep to yourself.

 

So last payment date is?


please don't hit Quote...just type we know what we said earlier..

 

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It was an Overdraft which spiral out of control when I was made redundant from work  …

.Account overdrawn and I was making regular payments into it.....

last payment into it was on 25/02/13 by my mate.  

I didn't keep info to myself...

.just yesterday I had detail look into bundle sent to me last week by OC who took so long to eventually respond to my SAR 

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the CLAIMANT has not provided that. you keep it to yourself - it came to YOU from the OC via an SAR

whats this 'my mate' made payments?


please don't hit Quote...just type we know what we said earlier..

 

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