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


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Thanks for the prompt reply,

 

So just say yes to it all and then when it comes to the call say no is what you are suggesting as they ask the same two questions again.

 

Can I ask what about the application to throw it out? Not yet? Or not at all?

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not at all you cant not your call

 

yes till the actual day.

entering into the spirit of mediation giving them time

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... 

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  • 3 weeks later...

I have received an email advising that they want to mediate and we both agree,

I have to send this back again and tick the same two questions that we previously discussed.

 

I presume I do the same again and say yes that I have had all the paperwork as from what you say they will ask me again over the phone?

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correct

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... 

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  • 3 weeks later...

I have received the call and was given authorisation to complete the mediation.

The person booking asked the same information, I said yes but I saw that I will be asked again on the day - tomorrow.

Lowell have still not sent anything through regarding the paperwork in this case that we requested with the letters.

 

So for clarity

I presume that when asked at the start of the call that they have provided everything I say No and it terminates the Mediation?

Or just go through it and say they have given nothing and it is statute barred?

Edited by dx100uk
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yes

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... 

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both..you ensure mediation before it begins understands that you do not in your opinion hold enough information to meaningfully make a reasoned and reliable decision as the claimant has failed to provide any documents.

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... 

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Well went through it lasting just over 12 mins in total.

Lowell claim a payment was made in 2015 to the card but can't at this stage provide proof.

 

An agreement to pay was made on the card until 6 June 2012 which is the record we have.

The payment is alleged to have been made to Lloyds who then forwarded the payment to Lowell, but there is no evidence of this at the moment.

 

They only offered an instalment plan in the conversation and the mediator then terminated and said it will go to court.

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Oh yes Lowlifes phantom payment ploy.......should be charged with fraud.

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!

 

 

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We can't find any record of this payment, but lets hypothetically say - If the payment was made to Lloyds and they forwarded it to Lowell what position does this put us in? (still waiting for them to prove it but they haven't sent anything through, although during the call she said that they had the original agreement and a statement but not anything on this payment).

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well it wont be SB'd but Lloyds will have record of it ofcourse and Lloyds have said to you they don't.?

 

as above yea old phantom payment wriggle they try on.

 

and ofcourse it wont match any other payment figure

 

you say above you were paying £9PCM till mid 2012

then they say this one was £200 in 2015?

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... 

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It was a regular £9 pcm until June 2012, the single payment was in July 2015 for £200.

 

During the mediation call this morning they said that they were waiting for Lloyds to provide the evidence that the payment was made to them and then passed across.

 

Lowell haven't provided anything, however again during the call the mediator stated that they had a copy of the original agreement for the card and a statement up to June 2012 but not about the single payment, they were still waiting for information on that one.

 

They have not sent anything through to us at home, this was the hearsay from the mediator.

Edited by yellowplum
incorrect number
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  • 2 years later...

I posted on here previously about a Lloyds debt that was sold to Lowell and they sent a claim from for the debt back in 2018. We went through mediation, they didn't have any evidence at the time and I was told it would go to court. 

 

Link to old thread - 

 

Needless to say nothing was ever heard from for years and I forgot all about it. 

 

Today, I received a General Form of Judgement or Order. It read as follows

 

Before Deputy District Judge Wiggins...

 

It is Ordered that

1. Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed.

 

Pursuant to CPR Rule 3.3/Rule 23.8 of the CPR 1998,  then the standard if you object to this order.

 

I have no idea what has happened, what has gone on and I have received nothing since the mediation in October 2018.

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looks like they are trying to revive the stayed claim...has the Order got a current date on it ?

 

Topics merged.

 

Andy

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  • Andyorch changed the title to Lowell Claim (old) Statue Barred.

Dates 19 Jan 2021

 

Rang the court, they said it was delayed and not transferred to them locally until last year and then Lowell chased them to process it and continue.  However I am really puzzled as if it went to court, should I not have received a Directions Form to complete?

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Has the claimant served any documents on you as per the order of 2018 since mediation

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Nothing has been served since mediation. However when you read it it seems that they are to service it on me rather than prove the served it. There is also to time constraint on the order. 

 

The court stated that the matter was never referred to a DJ, Lowell must have complained and had it referred, Portsmouth CC had the claim sitting around since last year 2020 somewhen, but I was confused as to what happened to it before. 

 

I've uploaded it redacted. 

IMG_8644.pdf

Edited by yellowplum
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No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "

 

Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.

 

You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.

We could do with some help from you.

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Thanks for the prompt reply, I believe I was reading it differently to you then - So what you are stating is that Lowell have to prove the documents they filed with the court on the 29.Nov.2019 were indeed also served on me?

 

I would also ask - do they have to do this within a period of time? I read back this post ( I am still looking for my paperwork that I archived on this matter). It seems we did complete an AQ and that's why it went to mediation initially. 

 

What should I do at this stage?

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Well this is where the confusion sets in.......did they get that order in 2018 ?    Did they file the documents with the court ?

If they didn't there is no amended new date on the order that they should comply with the order.

 

So you have an old Order with a new date...which in respect tells you nothing.

 

Reading between the lines looks like Portsmouth County Court is in meltdown hence all the errors.

You stated you submitted a DQ but it was never processed to the N57 Notice of Allocation...so mediation then nothing.

 

We could do with some help from you.

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SO if you refer to the bottom of the order you have the option to set it a side vary or stay it...but involves an application and fee...so I would suggest you get back onto Portsmouth and ask what exactly is the Order for ?

 

Inform them they have not served any documents on yourself or served a Certificate of service and given the errors of MCOL/ Portsmouth ask the court to clarify exactly what's happening in the claim.

We could do with some help from you.

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I found my file, so....

 

Date: 28.August.2018 a notice was given by the court for allocation to the small claims track and mediation

 

26.10.2020 another court document stated that there was a transfer of proceeding to Portsmouth CC from CCBC

 

Looking at the defence (that I was recommended to issue here) they never sent any documents.  I will call the court again and ask if another order was sent that I didn't receive.

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Did you ever receive a N157 Notice of Allocation after 28.8.2018 or 26.10.2020 ?

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 OTHERS

 

 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

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  • dx100uk changed the title to Lowell Claimform - old LLoyds Credit Card Debt Poss Statue Barred.

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