Lowell Claimform - old LLoyds Credit Card Debt Poss Statue Barred. ***Claim Discontinued***

[yellowplum]

No I have an N149A,  which is the August order. I can't find an N157 and I was on the phone when you typed so I asked and he said they couldn't see that as it may be in the file but they don't have that at the moment.  He suggested I emailed stating I received nothing and they would show that to the DJ. 

 

Now...There was another order, the order was on the 12 November 2018 - they kindly emailed and I have attached....not sure what the second letter included with it means about translation!

InvokerServlet (1).pdf

[AndyOrch]

It would appear that that was the original order which they have since replaced with your latest order...anyway let them put it back to the DJ and see if they issue you with a N157.....but dont forget they have never complied with the order so if they are trying to proceed..they have yet to comply with both orders...2018 and 2021

[yellowplum]

Thanks,  I think they did comply partially with the order of 2018, they send the agreement to the court and some paperwork (well this is what the call handler said to me) but they didn't say anything more.  

 

I will have a look around for more items over the weekend and take stock on Monday.  Think I may email the court and state that I haven't received anything, see if they put that on the file too. 

 

Should have added, when I was reading over all the documents I did find and the letter and stuff asking for copies of the original agreement etc from the solicitor and proof of sale from Lloyds to Lowell - nothing has even been sent to me. 

Edited January 22, 2021 by yellowplum

[yellowplum]

I have now received some interesting responses....

 

Firstly - Lowell have sent a without prejudice letter offering a settlement of £3750 for a single payment or £4000 payable in instalments of £50pcm

 

Second - Lowell also sent a previous letter with the copy of the agreement saying it was the one they filed to court in 2018.  However I have not yet had it acknowledged from the court that they received a certificate of service for this. 

 

Third - The court wrote to me today from the proper officer stating a video hearing will be heard 14 May 2021. 

 

Dealing with each one in tern, I see the court hasn't responded to my email asking them to strike out the claim on the basis that Lowell haven't adhered to the order and that I haven't received the original documents and have now set this hearing date. 

 

I note Lowell are willing to take an offer which is of interest. However I am inclined on the costs issue and trying to 'get rid' of the matter as cost effective and expediently as possibly to make a counter offer (at what level I am not quite sure yet). 

 

Is there a letter template to use to draft a settlement or something that I can use to start with?  

 

In Lowell settlement letter they are claiming it is not statute barred and that a payment was made to them for £200.  I have tried to go through everything and all I can find with the help of Santander who were my bank at the time, is a payment of £200 paid to Lloyds, but this does not have a reference on it only a s/c and a/c number. 

 

How best is it to proceed?  

Court Order 22_02_2021.pdf Response to Order.pdf Offer Letter.pdf

[dx100uk]

i wouldnt be offering anything, 

thats a application form that does not hold all the required prescribed terms

ther are no T&C's

No Default Notice 

no Notice of assignment

 

the 1st 4 digit of the payment source to lloyds fwded to lowells.. is 5467 what are the next two digits please

[yellowplum]

5467 80

[dx100uk]

so looks like a £200 payment from the card below to the same account??

then lloyds fwded this on to lowells.

 

something doesn't make sense here.

 

 

Bin:	546780
Card Brand:	MASTERCARD
Issuing Bank:	LLOYDS BANK PLC
Card Type:	CREDIT
Card Level:	GOLD
Iso Country Name:	UNITED KINGDOM

[yellowplum]

Not sure what you mean it doesn’t make sense? 
 

They are alleging a payment was forwarded by Lloyds to them. 

[dx100uk]

just type no need to keep hitting quote.

 

the statements (from whomevers system??) you uploaded we got that number from show a payment onto the statement from the same card number lowell are litigating against? does that 16 digit number on in their POC match the card number 546780......this payment came from?

 

 

[yellowplum]

The card number at the top right of the Advanced Application Form and Agreement does not reflect the same card number

 

the number is 546780 and ends 5931 (however that card was taken out in 2005)

 

the card number on the POC - there isn't one it is just the reference number that they use or they call the 'original account number'.

 

As for the statement (excel spreadsheet type)

that has the same reference number but not credit card number.  

 

However this is different to the spreadsheet paperwork they have sent previously to me.

Which looks like it comes from Lloyds and shows the debt being written off by them.

I've attached that here.

 

I wrote to Lowell asking for the deed of assignment and they haven't furnished us with it either. They did state that they don't have it as it is too old or something in the offer letter. 

 

 

new doc 2021-02-25 08.15.42.pdf

[dx100uk]

hang on, something funky going on here....

 

the poc must have in it the 16 digit credit card number they are litigating over, not some random home made number they can, themselves, assigned it,

 

else, as they have, they can produce any ole statements, using the same fake number,  and claim they are true too.

statements must be from the original creditor, containing the original card number.

 

you also indicate now there is a second card, not part of the litigation, that appears to be the source of this mystery £200 payment they are claiming frukes the SB claim?

[yellowplum]

No second card, just that the card number on the original paperwork that is signed they sent through is different from the one they claim in their settlement offer letter.  Not sure that constitutes different card or one that got replaced or a new account as the card changed card type. 

[dx100uk]

Then surely this proves they dont have a clue what they are litigating over.

They use the words credit card in their poc, but they stated a number in the poc is not a 16 digit number which all credit cards have.

 

 

 

 

[yellowplum]

I would agree, they seem to just take a punt on the hope people cave in.  

 

However, I would ask how to proceed in this instance?  

What happens at the hearing as the order from the court states very little.  

What should one do at this hearing and what should you do to prepare?  

Should I request any further documents from Lowell?  

Do I reply to their offer and state a case?

 

Also I wanted to know if money was paid to Lloyds Bank - then Lloyds Forwarded this as they so selected to Lowell is this allowed?

[dx100uk]

On 22/01/2021 at 14:13, Andyorch said:

It would appear that that was the original order which they have since replaced with your latest order...anyway let them put it back to the DJ and see if they issue you with a N157.....but dont forget they have never complied with the order so if they are trying to proceed..they have yet to comply with both orders...2018 and 2021

 

^^^

 

so proceeding as a std court case now..... exchange of witness statement next but await the n157 with the details

you don't need to contact lowells no.

 

as for this £200 payment , if it was for this card debt sold to lowells then yes they would fwd it, lloyds no longer owned it, but im still very puzzled where it came from, who made it, and was it supposed to pay this mystery credit card debt in the 1st place

 

[yellowplum]

We don't know - all that Santander said was that a payment was made to a S/C and A/C number and they gave us that information - what they couldn't say was if a reference number i.e. the card number was entered to pay that said card. 

[yellowplum]

In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed. 

Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC. 

 

All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.

 

I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.

 

What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?

 

Court Order.pdf

[dx100uk]

so witness statements to be exchanged by the 6th april.

 

dx

 

[yellowplum]

This morning - without notice - this arrived!

new doc 2021-03-22 14.23.07.pdf

[AndyOrch]

Well done......game over...topic title updated.

 

Andy

[yellowplum]

I did call the court, seems they couldn't see what the claimant had said in the letter as it wasn't scanned on the system.