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    • for lowells then.  i could instruct my dog to sit, if it does is a totally different matter.. whats the debt and when did you take it out? and when did you last pay it? you know the game from the info we asked you in your current claimform thread. bottom line  ignore them. nothing they can do. thats just a std threat-o-gram sent automatically by email which is a freeway to try and scare you. the debt is >£600 so in all truth they could even use HCEO's but eitherway and even for a charging order, they STILL have to return to court to ASK the court to allow bailiff use or apply for a charging order, and if any of those were to be attempted, the court would write telling you giving you the opportunity to object.  might be the best option as when its back in court you could then demand they show you the signed credit agreement   ps you wont its nothing to do with them now. the claim was adjudged. dx
    • The payment plan was made officially through the court who accepted it. It has always been maintained apart from as explained.
    • Sorry was typing on the hop.  The contact number that Shiply provided me for AirSpeeder when they also took my items ( I have my own thread about it on here ) is showing on Whatsapp as being a company called Agench Ltd.  I have found other contact numbers for that person under the Agench Ltd company name so have sent them messages also x
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    • Hi gigantictortoise369 (excellent name, I might add) Welcome to CAG. This is a well-known scam site to us. It's even been on the TV with Joe Lycett claiming how much of a scam it is! DO NOT APPEAL!  Not only is their NTK well out of date for any keeper liability but it doesn't mention POFA at all. This means that only the driver is liable. Simply don't say who the driver is to anyone; you'll have protection as keeper then. Get reading up on here, standard procedure is to contact Starbucks and Euro Garages to get the charge removed. Ignore the deforestation MET sends you *until/unless* you get a Letter of Claim. Then come back here. MET have tried court here a couple of times, but they've either been struck out by the courts or MET has discontinued the claim. Only once has there been a CCJ awarded and that's because the OP ignored court papers and got a court judgement before coming here. Get reading up on other threads, type the address in and you'll see loads of threads about this site. You'll find information about contacting Euro Garages etc to start your method of attack.
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Lowell/Overdales Claimform - old Lloyds TSB loan facilitated by Loans Direct debt subject to existing 2009 CCJ ***Claim Discontinued***


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Hi all,

 

I was wondering if anyone could advise me.

 

I had a loan with Lloyd's bank, which I defaulted on in 2007/8

 

Lloyd's took a CCJ out against me in 2009. This fell off my credit record in 2015. I did pay Lowell £15 per month against this up until 2017 and I've paid nothing since.   

 

However, Overdales acting for Lowell,  have now sent me a County Court Claim form from the county court business centre showing that they intend to take out another CCJ against me for this debt.

 

I have no details of the original CCJ, as it was in 2009, and so I can't prove I had to one challenge this.  I have read that you can't have two CCJs against the same debt, but can't find anything else. 

 

Any advice on how to defend this second CCJ would really be appreciated. 

 

I have 28 days to responded to the court From 31 Jan 22. 

 

 I'm not sure how it's fair for this to be brought back onto my credit record after such a long time and if this is actually legal.

 

Lloyd's never fully enforced the original CCJ and (from my memory) sold it to Lowel. approx 2009/10

 

Many thanks for any advice or help with this. 

Edited by dx100uk
added A few blank lines only..dx
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  • dx100uk changed the title to Overdales sols taking CCJ out on debt which already has lloyds CCJ from 2009

Thank you.

 

I'll fully read that tread and post the full reply here ASAP.  

 

I never thought to keep a copy, as it was so long ago. To be honest,  at the time I received the CCJ in 2009, I wasn't opening mail due to the volume of debt and don't think i was really aware of the consequences. Guess I also assumed,  once it was removed from my credit record, that would be it. 

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Which Court have you received the claim from ? County Court Business Centre 4th Floor St Katherines House Northampton N1 2LH

 

Name of the Claimant ? Lowell Portfolio I Ltd, Ellington House Leeds LS10 5GA

 

Date of issue –  01 Feb 2022

 

Particulars of Claim

 

What is the claim for –

Particulars of Claim : - 

 

1.The Claim is for the sum of £8154 due by the defendant under an agreement regulated by the consumer credit act 1974 for a Lloyds banking group account with the reference XXXXXX

 

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served  under s.87(1) of the consumer credit act 1974 which has not been complied with. 

 

3.The debt was legally assigned to us on 29/08/2018, notice of which has been given to the defendant. 

 

The claim includes statutory interest under s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment to the date of issues of these proceedings in the sum of £0.00.

 

The claimant claims the sum of £8154.

 

What is the total value of the claim? £8709.01
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I’m not 100% sire here, but having read the guidance, I would say yes.  I have received letters from Lowell and a couple of letter from Overdales about the debt.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan
 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? It was up until approx. Oct 2015
 

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 purchaser
 

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 Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? I got into further debt and thought that, as the debt was no longer on my credit file as of Oct 2015.  My last payment of £15 was in July 2017 an communication with them.
 

What was the date of your last payment? July 2017
 

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 management plan? Yes, Lloyds, who ignored it and passed the debt to Lowell.  I entered into £15 per month with Lowell approx. Oct 2011.

 

Claim again.pdf

 

 

I've just gone back through and the last £15 I paid was on 03/07/2017. 

 

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I've today completed the online gateway and completed both the CCA request to Lowell's and CPR  31:14 to Overdales, will be sending by recorded post tomorrow, as didn't have access to a printer today. 

 

I've also searched through all my old docs and have no details of the Lloyds CCJ etc. 

 

Sadly,  I've not been able to get through to Lloyds and was on hold for over 60mins earlier, had to give up due to work.

 

I'll keep trying and if need be,  send a SAR, but reading up on SAR's, the replay may come outside of the date for defence.   

 

Just one question re PO, is it wiser to send a PO rather than personal cheque or are both equally suitable? 

 

Thanks you for your help. 

 

 

 

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Hi DX, 

 

I filed the my "intention to defend all" Monday and posted letters to overdales and Lowell yesterday, by recorded post, along with postal order. Thank you very much for your help and advice on these. 

 

Yesterday I received a text from Lowell chasing me and offering to asset me paying the debt.  Today I received a letter from overdales, dated Monday 7th Feb,  advising me of similar and that I would soon receive county court papers.  But they sent those to me dated 01/02/22.  The letter ends by saying, if I fail to respond to them or to the county court papers,  they MAY enter a county court judgement against me etc.

 

This letter and text were sent to me after I'd filed my intention to defend all.

 

I'm just wondering,  once court papers are filed,  do they have to wait for that process to take place and cease to contact me, especially as  I've filed my intention to defend all.  Do you know if these  communications are breaking any rules? 

 

Also, is the "May take county court action" statement going against the fact that they have already instigated  county court action and could this be considered as  trying to confused me, which it has a little. 

 

Many thanks again for any help and advice you can give with this.  

 

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Hi all,

 

So I got the attached letter today from Overdales with two letters showing my debt was transferred from Lowell to Lowell portfolio 1 Ltd in July 2018, referred to as "Notice of Assignment". 

 

 It states that the remaining documents asked for, which were:-

 

-The Defualt Notice

-The Termination Notice 

-The Statement of Account 

-Details of the Contractual payments

 

 will be forwarded to me in due course, but there is no time frame given.

 

From my calculations I have until 04/03/22 to file a defence otherwise it goes to court.  

 

I was just wondering what to think of this reply.   If they fail to produce the documentation requested under 31.14 by my court date,  do they have to stop action, or would it be up to me to still file a defence?   Would the fact these documents have not been provided to me be a suitable defence? 

 

Many thanks for any help and advice  you can give.

 

 

2022-02-11 overdales reply to CPRf.pdf

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Thanks dx.

 

OK, I've filed an online Notice to defend all. Assumed I had 14 days plus anther 14 days.....  I am in touch with Lloyd's to try and get details of the account.  I'm currently trying to discuss with Lloyd arrears, getting passed about which I expected and the SAR due date submitted  will pass the court date.

 

Thanks for the link.  Just one further  quick question, would a defence that this debt has already had a ccj against it, be a sufficient defence. I appreciate I won't know until it did go to court.  But guess that's my only defence at the moment.  Would the court challenged why I did not pay it and have failed to respond to any of Lowells or Overdales letters.  

 

Thank you.

 

 

 

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Hi all,

 

I was wondering if anyone could advise me.

 

I had a loan with Lloyd's bank, which I defaulted on in 2007/8

 

Lloyd's took a CCJ out against me in 2009. This fell off my credit record in 2015. I did pay Lowell £15 per month against this up until 2017 and I've paid nothing since.   

 

However, Overdales acting for Lowell,  have now sent me a County Court Claim form from the county court business centre showing that they intend to take out another CCJ against me for this debt.

 

I have no details of the original CCJ, as it was in 2009, and so I can't prove I had to one challenge this.  I have read that you can't have two CCJs against the same debt, but can't find anything else. 

 

Any advice on how to defend this second CCJ would really be appreciated. 

 

I have 28 days to responded to the court From 31 Jan 22. 

 

 I'm not sure how it's fair for this to be brought back onto my credit record after such a long time and if this is actually legal.

 

Lloyd's never fully enforced the original CCJ and (from my memory) sold it to Lowell. approx 2009/10.

 

 

My Particulars of claim were : - 

 

Which Court have you received the claim from ? County Court Business Centre 4th Floor St Katherines House Northampton N1 2LH

 

Name of the Claimant ? Lowell Portfolio I Ltd, Ellington House Leeds LS10 5GA

 

Date of issue –  01 Feb 2022

 

 

Particulars of Claim

 

What is the claim for –

Particulars of Claim : - 

 

1.The Claim is for the sum of £8154 due by the defendant under an agreement regulated by the consumer credit act 1974 for a Lloyds banking group account with the reference XXXXXX

 

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served  under s.87(1) of the consumer credit act 1974 which has not been complied with. 

 

3.The debt was legally assigned to us on 29/06/2018, notice of which has been given to the defendant. 

 

The claim includes statutory interest under s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment to the date of issues of these proceedings in the sum of £0.00.

 

The claimant claims the sum of £8154.

 

What is the total value of the claim? £8709.01
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I’m not 100% sure here, but having read the guidance, I would say yes.  I have received letters from Lowell and a couple of letter from Overdales about the debt.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan
 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? It was up until approx. Oct 2015
 

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 purchaser
 

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 Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? I got into further debt and thought that, as the debt was no longer on my credit file as of Oct 2015.  My last payment of £15 was in July 2017 an communication with them.
 

What was the date of your last payment? July 2017
 

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 management plan? Yes, Lloyds, who ignored it and passed the debt to Lowell.  I entered into £15 per month with Lowell approx. Oct 2011.

 

I was just about to post my defence,  having received no reply to the CCA request and only a letter of assignment from Overdales in response to the CPR 31.14, which was sent to the wrong address.   

 

I've read a number of the other threads on here around CCJ defences and have tried to formulate my defence from these and was wondering if anyone could give me some advice on it before I formally submit it to the court.   

 

My main concern is my defence point 2, does this come across as admitting to the loan.  Should I just remove the CCJ part and take that forward at a latter date?  

 

Many thanks again for any advice on this.  

 

Particulars of Claim : - 

 

1.The Claim is for the sum of £8154.01 due by the defendant under an agreement regulated by the consumer credit act 1974 for a Lloyds banking group PLC account with an account  reference of XXXXXX

 

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with. 

 

3.The debt was legally assigned to us on 29/06/2018, notice of which has been given to the defendant. 

 

4.The claim includes statutory interest under s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment to the date of issues of these proceedings in the sum of £0.00.

 

5.The claimant claims the sum of £8154.

 

What is the total value of the claim? £8709.01

 

Defence : -

1. The Defendant contends that the particulars of claim are vague and generic in nature.   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.

 

2. Particulars of Claim point 1 is noted. The Defendant has in the past had financial dealings with TSB Bank, then formally Lloyds Bank PLC between 1987 to 2009,  however, is unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant recalls Lloyds Bank PLC obtaining a County Court Judgment against her sometime between 2008/2009 for a defaulted unsecured personal loan.

 

The Defendant no longer has any records or documentation pertaining to this loan or County court Judgement due to the timeframe that has lapsed.  

 

Lloyds Bank PLC have advised the Defendant “verbally” that they are unable to confirm if this loan is in fact the same loan now pursed by the Claimant, due to their records being archived.  

 

LLloyds Bank PLC did advise the Defendant that the account referred to by the claimant was closed by them in August 2008. 

 

The Defendant has had no further personal loans with Lloyds Bank PLC since 2008/09 and therefore assumes the Claimant is pursuing a debt through the County Court system for which a County Court Judgement has already been set against.

 

3. Particulars of Claim point 2 is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. I have sought verification from the claimant regarding this matter and to date they have failed comply.

 

4. Particulars of Claim point 3 is denied. I am unaware of any debt being legally assigned to the Claimant on 29/06/2018.

 

  I have asked the Claimant for proof of this Notice and was provided with copies of two letters, both dated 16/07/2018. 

 

However, both letters were incorrectly addressed with a partial address.  My address at that time was X, the copies of the letters show they were sent to X, which is totally different address in existence. 

 

As these letters were posted to the wrong address, it is unlikely I would have received them.


5. The Defendant has sought clarification by way of a CPR 31.14 through signed delivery dated 08/02/2022. To this date the claimant has been unable to comply fully with this request and therefore has been unable to prove its basis of claim, pleaded within its particulars of Claim and consequently is prevented from enforcing the agreement until such compliance.

 

6. The Claimant was requested on 08/02/2022, pursuant to s.77 of the consumer credit Act 1974, by way of  a signed delivery enclosing a £1 postal order, to provide a true copy of the credit agreement relating to the account, together with any other documentation the Act requires them to provide. 

 

The Claimant has neither acknowledged this request or provided the documentation.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-

 

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

e) show that the Defendant has correctly been provided Notice of Assignment.

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Hi Andyorch,

 

No, that was the problem.

 

I do recall defaulting in  2008/09 and recall it dropping off my credit file approx Oct 2015.  But I only ever had one loan with Lloyd's that defaulted and that was the one they put a ccj on. 

 

I've contacted Lloyd's over the phone, who advised me that all my accounts were archived and I'd have to write to their archived team, which would take time. 

 

They did advise me that Lowell had contacted them, and they appeared to be asking for the documents I requested in the CPR 31.14 letter. it would appear Lowell don't have these documents either, or didn't a couple of weeks ago.

 

Without any evidence of the CCJ I'm a little stuck because, if I can't prove it and Lloyd's no longer have the records due to its age and or DPA, I'm not sure how to defend it on that basis. 

 

Any advice would be appreciated. 

Thank you  

 

 

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Ok, thanks, I wasn't aware of this.   I'll request a full report, you never know, it maybe there. 

  

Also, if I can't find details of the old CCJ, is my defence sufficient or should I remove any mention of the CCJ.  Is there anything I could add that may enhance it a little. 

 

Many thanks for your help. 

 

 

 

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OK, just searched new and old address (uk wide) and both records state I'm  completely clear of any judgements/orders. Never thought I'd be disappointed in that. 

 

 I’ve googled what Res Judicata is,  and read some points on how you prove Re Judicata, obviously briefly, so i may have got this wrong.

 

But, as i have no paperwork or documentation to show this has gone to court, my defence would reply on my own recollection and statement of a previous CCJ.

 

I would then hope that the bank still hold details of this CCJ and have not removed documents relating to the original ccj because of DPA, when they archived my records. 

 

I guess the fact the bank closed this loan account in 2008 might add some weight, but could this backfire on me. 

 

Through RJ, could i inadvertently admit to the debt, bit fail to prove RJ through the court.  I appreciate these are what ifs.

 

Are there any threads you could refer to where I could formulate a RJ defence.  I only have a few days left now. 

 

Many thanks for any help you can give. 

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Yes, went in and paid £20 for two reports from  registry-trust ,

 

One at my old address and one at my new address. I changed address in May 2020. 

 

Unless I picked the wrong report. But it covered whole of the UK and all judgement. 

 

Summary report was green with no records found at either address.

 

I've checked the site again and it doesn't really offer old CCJ info from what I can tell.

 

The ccj was in 2009 and was at my old address.

 

I've seen a land reg check at my old address in the last few years and it's not registered there.

 

Would a CCJ be registered with Land Reg?   It was never set as a charge against my property.

 

 

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Hi Andyorch, 

 

Yes, so from memory and I believe it's pretty accurate, I started to fall into debt with all creditors in 2007/08 and then received defaults on most accounts in 2008 with one creditor "Lloyds" taking a CCJ out against a personal loan account in 2009. 

 

I recall the CCJ falling from my credit record in 2015 and think it was October that year. 

 

Lloyds advised me that they closed the loan account in August 2008, but i'm pretty sure this loan was subject to a CCJ and possibly via Lloyds arrears dept. 

 

Despite my mountain of debt at the time, it was the only creditor who took out a CCJ against me and my one and only CCJ ever,  which is why I recall it. 

 

What confuses me now, thinking about it, is that Lowell claim to have taken over the debt from Lloyds in June 2018, yet I made payments to Lowell for this debt up until July 2017. 

 

I've gone back and checked my bank statements.   So, I'm just wondering if Lloyds could have accidently sold the debt twice to Lowell? 

 

I'd really appreciate a draft of a Res Judicata,   I've been reading up on it .. but think it's a little out of my ability level to fully write a defence. 

 

Many thanks for your advice and help with this. 

 

 

Edited by dx100uk
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Hi,

 

No, never heard of SCM and my bank records show no payments going to them. 

 

 I just came to an agreement to pay a number of creditors at the time to get them off my back around 2011/12, 

 

 I then decided to just stop paying  in 2017 to see what happened and get the occasional letter following up credit cards etc. But nothing worrying and just asking me to contact  them etc. 

 

But lowells seem to have been a bit more aggressive in the last 2 months,  possibly because I've managed to restore my credit record and get a mortgage, so they may think I've got money to pay them.

 

There is no reference associated to the DD payment going to Lowell, but I know that this was for the lloyds loan. 

 

 I will chase my bank up today to see if they can give me a ref associated to the DD. And let you know ASAP.

 

Sorry, I've not got much to go on, which is my concern. I'd  not heard from this loan in years and assumed, as it had a ccj, they couldn't do anything.

 

I'm kicking myself now for not keeping the records, which I probably destroyed when moved in 2020. 

 

Per my calculations, I've only got the next day or so to file my defence, as the N9 was dated 01/02/2022.  I filed my "defend all" on 7 Feb 22.  

 

Many thanks for helping with this. 

 

Sorry just seen the link re SCM.. interesting. It could be possible, although I don't recollect dealing with them. But at that time I wasn't opening post etc... 

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OK thanks. 

 

ok, I'm going through emails and have found a document dated Nov 2011 where I declared that I was paying £30 per month against a lloyds loan which had a ccj registered against it.  Would a redacted version of this be useful? 

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Sorry, should have made it clearer,.   I had to declared my financial difficulties to my employer at the time due to security vetting requirements.  So it that document

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Yes, that's a point to... If I owed approx £7,900 in Nov 2011 and was paying £30 per month for more than 6 years... where do they get the figures of £8100 from. I'd of at least paid over £2k...   

 

 

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Since I found that old document today, I think you both  might be right.  The document was a true reflection of my financial circumstances at the time - Nov 2011and it had to be 100% accurate.   

 

I've checked my bank statements going back to 2016 and crossed matched the payments I declared I was paying and to whom, on this document, and it looks like the  £15 to Lowell was for a Capital one CC.   

 

The £30 I was paying towards the Lloyds loan was to Westcott Credit Services. Which means Westcott either passed it back to Lloyds who then passed it back to Lowell's?   

 

Either way, I'm 100% sure now that the loan was subject to a CCJ, as I declared it at the time and it would have still been on my Credit file.   

 

Is it still worth phoning Lowell or just continue with my defence? 

 

 

 

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Yes, my confusion and thankfully i managed to find that old saved email detailing my payment plans. 

 

 But still doesn't make sense why i was paying Westcott £30 per month for the loan in 2017, which I believe is correct, and then Lloyd's passing the loan to lowel    in 2018.   

 

Why would Westcott send it back to Lloyds... But I'm 100% sure now the loan was subject to a ccj. 

 

Also, none of my payments to Westcott appears to have been credited.  

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OK, well if Lloyd's did own the debt up until 2018 and it's  possible the Westcott payments are for something else, then I have made no payments to Lloyd's in well over 6 years.  Which might be why nothing has been credited.. So could the Loan be statu barred as well as having a CCJ.  Or, because of the CCJ it will never be statu barred.  

 

I was tempted to phone Westcott about the payments, but don't want to engage with them in case it prompts them to pursue me again, I still get letters from cahoot for some debts. 

 

Ii will phone my bank first re Westcott payments and then if needs be phone Lowells.  

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 I've spoken to my bank and they have to send me printed copies of my statements going back to 2016, which will show the account numbers being paid for all three creditors I was paying at that time.

 

This  hopefully should be with me in 5 days. I'm kicking myself, as I should have done that weeks aga, as don't think it they will come through before Friday

 

I've just spend almost 60 minutes on the phone to Overdales Solicitor's.  I advised them that I did not recognise the loan and the only loan I had with Lloyds had already been subject to a CCJ.  They advised me that Lloyds would not have passed it on to them if it had gone through the County Court.

 

They advised me the following : - 

 

I took out the loan  on 01/05/2005.     The Determination date was 22/08/2008

 

The default notice was issued on 22/08/2008 for £9,980.27.    I did question this and if it was legal to take me to court based upon a default notice issued on 22/08/2008, but they declined to comment and said, oh yeah it is along time ago.  

 

The last payment  made was to Lloyds Banking Group PLC for £30 on 05/07/2017.  I asked them to provide me with details of this payment - bank account etc. and any other payments made, they were unable to do so. I advised them that I have never made any payments in the last 10 plus years to Lloyds and my bank account will prove it. 

 

I did not mention Westcott payments of £30, which is the only £30 DD going out of my account during that date and coincides with my records that this DD was for the Lloyds loan. It also coincides with the last DD paid to Westcott for £30.

 

The last statement Balance was £8,974.34.  I questioned this as the County Court documentation states they are claiming £8,154.01, plus costs, especially the difference in pence. 

 

I was kept holding for ages at this point and was then just advised that they don't know and I should complete the Income and expenditure claim form sent by the court and send it back to them. They were unable to provide me with a statement date. 

 

So, assuming Lloyds held onto this account from 2008 to 2018, where are the payments I was making to Westcott, for which my records indicate was for this loan, being credited as being paid to Lloyds.   

 

I can't find anything connecting Lloyds and Westcott and assumed Westcott bought this debt, but then how did it end up back with Lloyds. 

 

I only made agreements with three creditors,  Lloyds £30 and two others for  £15  per month.  I've only ever had one £30 DD which was with Westcott.  I've also only ever had one bank account in this time, so there is no doubt I have not paid anything to Lloyds, especially in six years. 

 

Is it possible the payments credited against this loan belong to someone else?  But the time frame coincides with my DD to Westcott,  which was cancelled in July 2017.     

 

They couldn't answer any further questions.  I advised them that they needed to per my request under CPR31.14.  I was then advised that they would give me until 15/03/2022 to return the Income and expenditure claim form to them. 

 

I asked them to contact the court to confirm this, but they just said that they've agreed to withhold court action until then and I needed to return the Income and expenditure claim form to them.

 

If they didn't get it by 16/03 /2022 they may recomence court actions.  The person I spoke to then just became like a brick wall  repeating the same thing about  Income and expenditure from. 

 

I thought I was recording the call on my phone, but sadly it hasn't recorded properly.  

 

I don't trust them so assume I need to still defend this by 4th...  But I could have multiple defences now?  

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