Lowell Solicitors / Halifax Personal Loan now Court Claim Received ***Claim Discontinued***

[Spamalot]

It was set to zero in 2015, and that’s when it ‘switched’ account numbers. It says on the loan report ‘state of account is repaid - written off’

As far as I can make out, the original loan account ceased to exist in 2015.

Again, happy to stand corrected as there is so much stuff in the SAR and it’s incredibly confusing!

[AndyOrch]

So why was it assigned to Lowell if it was wrote off ?

 

Quote

 It says on the loan report ‘state of account is repaid - written off’

 

 

Can   you scan redact and upload this report Spam ?

[Spamalot]

[Spamalot]

Maybe it only reached the written off stage when it was sold to Lowell, it's just that the only dates on there are the 2015 ones......

[AndyOrch]

Interesting status report states date of 17th Dec 2020...does the DSAR reveal anything about the assignment to Lowell ? 

[Spamalot]

I think the 17 December just relates to my SAR request and when it was processed by them. 

The account was sold to Lowell in December  2019 under the account number I don't recognise apparently.

I'm sure I saw something about the account being written off on one of the Westcott screenshots, but I need to go back and find it again. 

[AndyOrch]

Keep checking....and you dont have a copy of the Notice of assignment ?

[Spamalot]

Haven't found the NOA in the SAR yet, but I still have another bundle to go through.... I'll keep you posted.

[AndyOrch]

[Spamalot]

Apparently Copies of Default, Enforcement, Termination and Assignment notices are not saved by Customer name so Halifax are unable to provide copies under a DSAR.

 

I have contacted the DSAR team today because the only glossary of terms missing relates to recoveries, therefore I'm having difficulty completely understanding some of the terminology.

 

With regards to the potential write off of the loan in 2015 there is an entry on the repayment sheet listed under WRO , Bad Debt account transfer and the balance is set to 0

 

On an accompanying sheet there is an entry, among others that says ' Set recoveries write off'

 

There are no other  mentions of the account being written off before the sale to Lowell in 2019.

These entries are on the same day  in Feb 2016.

 

Without the glossary I can't be sure what the 'WRO' stands for so I'm hoping that they will send me the list I've asked for...... although the phone call asking for it was like pulling teeth...

 

Spam 

 

 

 

[AndyOrch]

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WRO , Bad Debt account transfer and the balance is set to 0

 

Account transfer would appear to be logical as I've already said...complete write offs are as rare as chickens teeth.

On the upside.....given Halifax have no documents...then neither do Lowell.

[Spamalot]

Speaking of Lowell.... I’ve just had a letter from them telling me they’ve issued a County Court Claim! Well I never! 
I guess I’d better start working on my defence

[AndyOrch]

Get your AOS done by Friday 12th .400pm

[Spamalot]

I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.

 

I have now received their directions questionnaire where they are championing 'Mediation over the telephone'

 

Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?

 

All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator? 

 

Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 

 

Spam 

[dx100uk]

Just about any card or loan clamform thread here

You agree to mediation until the actual call on the day

If by then you still dont have enough info to make an informed decision..you say no.

 

3 copies n180.

 1 wit you

[AndyOrch]

 

[dx100uk]

and what defence did you file please?

 

dx

 

[Spamalot]

Thank you both.

My defence was as vague as their Claim.

 

1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.

 

2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.

 

3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.

 

4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.

 

5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.

 

6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.

 

As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.

 

Spam 

[Spamalot]

Hi all,

 

I filled in the allocation questionnaire, sent it to Lowell and the court agreeing to mediation.

 

Lowells response was to send me a Tomlin Order.

 

I contacted Lowell to inform them that I would not be signing their Tomlin order and advised them I had only agreed to mediation in the hopes that they would provide some documents.

 

I then received another email basically trying to bully me into admitting I had this alleged account/loan.

I decided that mediation was no longer a good idea and have cancelled it and elected to go for a hearing.

At least the Judge will see what trash they have provided me with as 'evidence'.

 

One thing Lowell has said is that they do not need a default notice as the alleged loan is now past its fixed term.... is this correct or is this another dirty tactic?

 

I always thought one was needed to legally enforce a debt.

 

Perhaps those in the know can advise me. Thanks in advance....

 

Happy days,

 

Spam 

 

 

 

[dx100uk]

i thought you'd been reading up?

the lowells tomlin letter is a std tactic on almost all lowell claimform threads detailed here already

you should have simply ignored them.

 

dx

 

[Spamalot]

Yes, I should have done..... but they caught me on a bad day 

 

 

[dx100uk]

you seem to sadly and repeatedly suffer, for some reason, always to forget advice given directly in your thread or to others from those you read. it might be far better going forward to always check here 1st before you act by yourself in the future........

[AndyOrch]

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 they do not need a default notice as the alleged loan is now past its fixed term

 

Depends on what date the breach (default) of contract occurred...I doubt very much is was after the fixed term and more likely half way through it. Therefore the agreement never reached its fixed term....and the creditor must serve a default notice to allow you the opportunity and time to rectify any breach to allow the agreement to resume subject to b) and c) below.

 

A fixed term loan cant possibly continue its full term when there as been a breach in the agreement.

 

sec 88 Contents and effect of default notice.

(1)The default notice must be in the prescribed form and specify—

(a)the nature of the alleged breach;

(b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

(c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

[Spamalot]

Thank you Andyorch, that's extremely helpful.

The default they are saying that's not needed, according to them was served in 2008, the alleged loan was for 7 years taken out in 2005, so they are contradicting themselves left right and centre.

 

Despite the fact that I have made a huge faux pas in engaging with Lowell with regards to mediation, it has actually given me a heads up in to how they were going to attempt to ambush me.

I've informed the court and the mediation service that I won't be partaking and I shall sit here quietly waiting for the next move. 

 

Spam 

[dx100uk]

54 minutes ago, Spamalot said:

I shall sit here quietly waiting for the next move.

might be much better to get reading up on witness statements the next stage

 

dx