Jump to content


  • Tweets

  • Posts

    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

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


yellowplum
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1103 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Today we received a summons from Northampton issued by Lowes over a Credit Card that was taken out from Lloyds Bank in 1999.

 

It was defaulted in 2003 and no payments were made to the card or any other agency that purchased the debt since that date. No admission was ever made to any company either.

 

However since more than six years have passed since the cause of action I am a little lost as to why Lowes have through they can issue proceedings in the matter.

 

I understand now we have to defend this claim (not sure what to write here) and also apply to the court to have this struck out as statue barred.

 

Is there any guidance on what to do?

Link to post
Share on other sites

  • Replies 70
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Have filled in the questions as best as possible.

 

Name of the Claimant Lowell Portfolio I Limited

 

Date of issue – 02 July 2018

 

What is the claim for – the reason they have issued the claim? Particulars of Claim.

 

1. The defendant opened a Lloyds (credit Card) regulated consumer credit account under reference XXXXXX on 01/10/2003 ('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 late assigned to the Claimant on 17/06/2015 and notice given to the defendent.

4. Despite repeated requests for payment the sum of of £6013.93 remains due and outstanding.

and the claimant claims

a) the said sum of £6013.93

b) interest pursuant to s69 County 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 £1.318, but limited to one year, being £481.11

c) Costs

 

What is the value of the claim? £7005.04

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

 

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

Prior to 2007

 

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 was assigned to Lowells and they issued.

 

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? yes

 

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

 

Why did you cease payments? couldn't afford any of the debts and stopped paying

 

What was the date of your last payment? This is were there is some confusion, I have letters stating the debt was £6,213.93, however there seems to be a payment in July 2015, but before that the last payment I definitely made was in July 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 mng plan? Unsure, an agreement to pay was made to pay £9 per month until I stopped in 2012

Link to post
Share on other sites

I can bet you everything I own that the payment in 2015 was for £1.

I can also guarantee that Lowell won't be able to show how this payment was made.

 

I have argued with them twice about phantom payments.

That being said, you must find out the last time you paid asap and then come back on here and take it from there.

Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Link to post
Share on other sites

If you didnt make that payment nor authorised it in writing to who did then it don't count

Then it is statute barred

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the information so far, I have been looking for paperwork and found a few things, but none that acknowledge a payment all that seem to state the same details in one form or another.

 

An interesting find was a credit report from 22 June 2012, this shows the card on the report and states that the card was defaulted on 19 January 2007.

 

It also states that there was an AP (Agreement to Pay) until this month. However everything after this states late and nothing more.

 

I telephoned Santander and they did have a look through the old account, they couldn't find any payment.

 

Even the phantom one, however they also asked if I could go into a branch to have a closer look and see with a colleague.

 

I will do that tomorrow.

Link to post
Share on other sites

good keep going

seems like the payment was made just before sale

so I wonder if they refunded something like PPI or charges ..though £200 is too round a figure

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I went in to Santander this morning, but although they were able to find it - they also couldn't confirm it was made to this credit card.

 

(I had other Lloyds debts at the time also).

The payment was made as a standing order payment on the 2 July 2012.

They have ordered a set of statements covering the period for me to see if it gives any more information.

 

The only information they were able to give me today was that it was made to a sort code and account number of Lloyds bank, but it didn't say to what they could not see a reference to say what it was paid to.

Link to post
Share on other sites

well a creditcard doesn't have a sort code and I bet the account number was not 16 digits long ...so cannot be to the card on 2 counts...

 

file our SB defence IMHO.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Referencing a lloyds debt that was outstanding. This letter however stated that although the debt is statute barred they will write to me from time to time.

 

 

That's nice of them..... What's the name of this ''firm''?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Start a new thread please in the lloyds forum

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

That's nice of them..... What's the name of this ''firm''?

 

Intrum formally 1st Credit (my comment wasn't to start a new thread on a different topic but) to show that the debts to Lloyds were at the time three fold, a credit card, overdraft and personal loan.

 

As far as I recall I stopped paying all at the same time and two, loan and overdraft were sold to 1st credit while the credit card was sold to someone else (before then being sold to Lowell).

 

So it was interesting to receive a letter from a different agency stating that they could not recover the dept by court action as it has expired.

 

Reaffirms my thoughts that this claim is SB also.

Link to post
Share on other sites

I hope they were claiming those separately and hadn't merged them together?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

get that sb defence running...

 

action all in post 9

 

file this as your defence...

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

its for the claimant to disprove SB

not you prove it IS.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for this.

 

I received two items in the post on Friday, the first was a letter from Lowells dated 9 July stating we have already issued proceedings against you (even though it is dated 7 days after the date of issue).

 

The second which was more interesting was the statements from Santander, I have seen when the last payment was made - however, I must stress that this payment is purely written as 'lloyds credit card' and does not have a reference number showed to make it clear.

 

This payment was sent as a FP on the 1 June 2012. Which, ever with my lay understanding this would in essence make this claim SB because they issued 6 and 1 month later.

Link to post
Share on other sites

  • 3 weeks later...

Just have a query with regards to Money Claim online filing responses.

 

I have filed the defence within the 33 days that is allowed by the acknowledgement of service, but all I see in the little box is the following - Your defence was submitted on 02/08/2018 at 13:54:24 - I do not see it acknowledged. I was under the impression that it gets acknowledged on the same day electronically? Do I need to do anything?

Link to post
Share on other sites

No.....as long as the " your defence was submitted......" that will suffice.You should receive written acknowledgement shortly

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Ok, here is the current position.

 

The claimant hasn't supplied any documentation as requested from them. They have filed an allocation questionnaire for small claims and asked for mediation.

 

However I wanted to know how best to complete the allocation questionnaire I have received. The mediation questionnaire asks two questions:

 

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each others positions.

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations.

 

For the first I can answer yes, but for the second I am not sure since they haven't supplied me with anything.

 

Also would it be better to just make an application to the court to have the claim struck out?

Link to post
Share on other sites

yes to mediation

yes to Small Claim Track

State your local County Court

 

1 wit you

 

the rest is obv

 

you and yes for now thus giving them more time

when it comes around to the actual call

yu say no as they ask the same questions 1st again

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...