Lowell CCJ Issued for 27 year old LLoyd OD debt ***Settled*** help lowells didn't inform the court - now3mts later it's killing my file

[brassnecked]

47 minutes ago, Todd from Toddmorden said:

Do I come clean with them and say that I intend to set aside? Wont that make them more determined to dig their heels in?

 

If it was SB when they issued the claim and you can prove it, it doesn't matter what they do they are caught out, when did you last pay anything?

[Todd from Toddmorden]

i have letters from Lowells from across the years  and then in the mail, from when I returned I have a claimform

 

I havent had any contact with Lowells or Lloyds regarding this debt I would estimate for at least 10 years and certainly not in the last 6 years .

 

I am going through my bank accounts and any other documentation I can find now to see if I had any communication with them before then 

- is it possible that there could have been another creditor before Lowells that Lloyds had passed the debt on to ?

 

The original debt was an unpaid credit card as far as I can remember

 

many thanks

 

Also I would like to say that I really appreciate the help, its really kind

[dx100uk]

doesn't matter you might have gotten or sent letters, those cannot reset the SB clock.

 

if you didn't pay/use this card for 6yrs before the claimform date

then go ring Lowell solicitors and tell them you want them to set aside the CCJ by mutual consent FOC to you (saves you the N244 £255 fee)

once you have explained the debt was already SB's we have known them to do so.

you'll need the CCJ number

[Todd from Toddmorden]

Thank you so much for your patience

OK I have gone through some old bank accounts and paperwork

 

I think this is the case - although I am still trying to get hold of more information including an old account

 

About 10 years ago I lived in a different city (London). 

I went to see a debt advisor .

I made an agreement to pay £1 a month to the debt, which was not Lowells at the time.

This was a direct debit from an account, which I havent had any dealings with since this time, registered at my London address. There wasnt much in there but over the years the money has been paying into the Debt

 

I am trying to get hold of access to the account 

- I dont have any of the details for it although I know which bank it is.

 

I am having a sinking feeling as I think that there has been £1 paying this off up to less than the 6-year-ago date

 

Best regards

[dx100uk]

payments to whom?

 

direct to Lloyds?

[Todd from Toddmorden]

Sorry, I cant find the paperwork for the agency for whom the debt was made payable too.

 

It looks like the orginal account was a current account. (I was suprised at this, as I never remember having this level of overdraft as a student)

 

I am going through all the paperwork I can get my hands on now, and I am getting a clearer picture

 

This is from Lowells:

"On 02/02/1999 you entered into an agreement for a Lloyds (current account). You failed to make payment in accordance with the terms of the agreement and it was later terminated and subsequently assgined to our client by Lloyds Banmlk PLC on 24/11/2016. Notice of the assignment has been previously given to you"

 

Regards

[dx100uk]

27 minutes ago, Todd from Toddmorden said:

subsequently assgined to our client

 

who do they state is their client?

 

 

[Todd from Toddmorden]

OK. it is Lowell Solicitors acting on behalf of Lowell Portfolio Ltd

[dx100uk]

i'd also be ringing northants bulk tomorrow

and asking for a copy of the judgement CCJ by email pdf.

lets be sure what lowells litigated against ..

so far its been a credit card cheque withdrawal

a credit card

now an OD.

 

get the truth from the court.

 

dx

 

 

 

 

[Todd from Toddmorden]

Thank you . I am sorry about the confusion . Because the debt was from so long ago, I had no idea of the account type. Im still going through old records from my attic

 

 

[dx100uk]

you say you have the claimform in the mail that came whilst you were away?

 

can you type up the particulars of claim box please verbatim (minus any pers info like AC no')

 

 

[Todd from Toddmorden]

Issue Date 03 Jan 2020

 

1, The Defendant entered into an agreement for a Lloyds (Current Account) account under reference xxxxxxxxxxxxxx (“The Agreement”)

2, The Defendant failed to maintain the required payments and the service was terminated

3, The Agreement was later assigned to the Claimant on 24/11/2016 by Lloyds Bank PLC and notice given to the Defendant

4, Despite repeated requests for payment, the sum of £8,022.51 remains due and outstanding

And the claimant claims

a, The said sum of £8,022.51

b, Costs

[dx100uk]

thank you

 

go ring Lloyds tomorrow

ask last payment date and when they defaulted the account.

 

 

 

 

 

[Todd from Toddmorden]

Thank you

what reference number do I use please whne talking to Lloyds?

 

 

Also should Lowells have provided the copy of any kind of credit agreement that I would have entered into with Lloyds in the first place?

 

 

[dx100uk]

bank accounts don't have agreements unless you remember signing one for an overdraft limit?

you have the a/c number in the poc!

 

dx

 

[Todd from Toddmorden]

Is the POC the particulars of claim as above (sorry for asking basic questions) - if so , then is the account the reference number as above ?

[dx100uk]

 

the one in the poc yes

 

dx

 

 

 

[Todd from Toddmorden]

I spoke to Lloyds

they sent the account to a recovery team in 2008 (and thus I am told the account was defaulted) and closed the account in 2009

 

They received a payment of £1 in Nov 2015 from Credit Security into the debt account.

I was told that credit security had been employed by Lloyds to collect the money.

[BankFodder]

And did you make the 1 pound payment towards the alleged debt or was it part of a CCA request?

[dx100uk]

not going by the story

so it looks like your mates advice shot you in the foot sadly then and has comeback to haunt you again.

you were paying £1PCM and the information from Lloyds tallies with that.

 

its not statute barred 

so I can't see a reason for a set aside, 

for whatever reason you ignored the claimform, it went to the correct address

the debt itself was being servicedby £1PCM payments till nov 2015, within 6yrs.

 

the only way to stop this appearing on your file is to pay the judgement in full by 3rd march.

 

dx

 

[Todd from Toddmorden]

No it wasnt a CCA request

I went into a local branch of halifax to examine an old account.

I think I have found out what happened.

 

around the time of the default in 2008 / 2009

- I made an agreement with Credit Security (who were employed by Lloyds) to pay off a pound a month.

The account at Halifax was preloaded with around £40 .

And it has been paying this in up til Nov 2015

 

Yes, to your last message

 

So I was out of the country from 30 Dec 2019 to 16 Feb 2020

 

And during this time , a notice of pending CCJ and the Claim form were sent to me and then action took place on 4th feb

 

 

[BankFodder]

So the £40 ran out in 2015 and since then you haven't been paying the agreed instalments. This put you in breach of the instalment agreement and this then opens the door to a county court claim. Had you replenished the account so that the instalments continued to be paid as agreed, then you would have had an excellent defence

[Todd from Toddmorden]

thank you

 

Is there any case to be made regarding being absent while claims and court occured and thus not being able to respond or to represent?

 

Additionally there is a confusion about the amount owed - Lloyds apparently had made an error some time around 2009 and ten years later refunded some mony into my account (well credited the Lowell account) in Jan 2019  - I am trying to track from Lloyds, what was going on here, bu they will take 5 days to get back to me

 

Edited February 25, 2020 by Todd from Toddmorden

[BankFodder]

You will be lucky if Lloyds bother to get back to you at all. Send them an SAR although that will take 30 days – assuming that they comply. Do it now.

In terms of applying for a set-aside, you will need to show that you didn't have knowledge of the claim – and that if you are permitted to defend that you would have a reasonable chance of success.

If you can show that the money that Lloyds is claiming from you is wrong then together with the fact that you were away, you can meet both requirements and you would probably succeed. However, it won't happen real quick.

[Todd from Toddmorden]

OK looks like chances are diminishing

 

Lloyds were relatively helpful, although all the information appears to be spread out across different systems. It would be really hard to tell what the exact sums owed are I guess, as it appear that they put charges in error in 2009, then refunded them in 2019 - and therefore difficult for me to assess what I legitimately owed as it depends on the nature and validity of the orgiginal charges - which in the end is up to Lloyds

 

Is there any value in ringing Lowell ?

 

Edited February 25, 2020 by Todd from Toddmorden