Lowell Portfolio - BOS Credit Card. Claim form

[whooros]

Name of the Claimant ? Lowell Portfolio I 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. 29/01/2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

1) The Defendant opened a Bank of Scotland ( Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 08/06/2009 ('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 £3,229.76 remains due and outstanding. And the Claimant claims

a) The said sum of £3229,76

b) The interest pursuant to s69 Count 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 £0.708, but limited to one year, being £258.38

c)costs

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes in January 2018

 

 

Did you inform the claimant of your change of address? No

 

What is the total value of the claim? £3753.14

 

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

 

When did you enter into the original agreement before or after April 2007 'Don't remember, may well have been 08/06/2009 as mentioned in the claim particulars

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? 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. The debt purchaser issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont remember receiving one

 

Did you receive a Default Notice from the original creditor? Don't remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year TBH as soon as I see Lowell on the letter head I tend not to read it -

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment? 04/12/2012

 

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 management plan? No

 

 

I'll be sending a CCA and a CPR31.14 request off tomorrow. I was planning a defence based upon SB but with the last payment being 04/12/2012 I don't think that will stick as the COA date doesn't seem to be the last payment date any longer?

 

2012/13 was a really bad 12 months financially and personally and Lowell have been harassing me for every defaulted debt from this period for a long time. Lowell already have 3 CCJ's on my file, for 2 of them they placed a charge on my property. These were paid when I moved house at the start of 2018. I don't want a new CCJ and I hate the thought of having to pay these guys a single penny more.

 

Any and all help gratefully received

[renegadeimp]

cause of action on a credit card is the date of last payment or written acknowledgement the debt is yours.

 

If you are 100% sure of the date of last payment, send the SB defence and its up to them to prove otherwise. They are well known fleecers for lying and hoping to get a judgement . Regarding your other CCJ's with them, are you sure they werent just restriction K's with the charges?

[whooros]

Not sure what a restriction K is but my conveyancing solicitor said that the charges would need to be paid from the proceeds of the sale and did so - about £14k in total.

[renegadeimp]

Restriction K is just a general charge. Meaning they only have to be informed of the sale. Not paid. Thats what lowell usually go for

[dx100uk]

Deal with the other debts on a new thread please

 

Go ring BOS and ask last payment date

[AndyOrch]

What was the date of your last payment? 04/12/2012

[whooros]

Just rang BOS and they no longer have any info on their system regarding the account so cant help with last payment date. According to my online banking it was 4/12/2012.

[AndyOrch]

Default history on your CRAs ?

[whooros]

It shows the date of default as 16/07/2013. The account is under Lowell and there is no history prior to 09/2013 which was the month Lowell bought the debt.

[AndyOrch]

And you have never acknowledged the debt or made payment to Lowell...and the default was placed 6 months later.

 

As a guideline...first missed contractual payment date plus 3 further missed payments....by this time a default notice should have been issued...plus 14 days to rectify the breach....so they are actually 2 months over which is quite good compared to other threads.

 

I dont think you can claim its statue barred in this instance...

[whooros]

Thank you all for your time and advice. Could I just clarify though.....

I have two conflicting responses, one saying that coa date is that of last payment for credit cards, which would open up for a sb defence.

And the latest which suggests that the default date is the coa which would rule out sb?

[renegadeimp]

with Credit cards its the last date of payment or express written acknowledgement that the debt is yours. Give the credit card supplier a ring, find out the last payment that YOU made and send the SB defence.