Lowell/Overdales Claimform - old Lloyds TSB loan facilitated by Loans Direct debt subject to existing 2009 CCJ ***Claim Discontinued***

[dx100uk]

 complete this please.

 

 

 

Have not got any record like old credit file copy etc of written proof of this old ccj

[dx100uk]

it will still be but you've got to prove a CCJ existed, then they cant re litigate.

were you ordered by the judge to pay £pcm or after with negotiations with lloyds? then that carried through to lowells.

the tiniest detail from memory re dates etc could be useful.

 

 

[dx100uk]

So we can conclude that payments were made and There can't be any 6yrs gap previous to you stopping to Lowell's in 2017? Re poss statue barring?

 

It might pay you to ring Lloyd s Monday and ask if they have any written record of their ccj. And then poss get an SAR running to them 1st thing Monday.

 

Can you get that questionnaire done please

[dx100uk]

thread tidied.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[dx100uk]

Just be aware, not that there is much evidence that Lloyds themselves do it, but, historically the group has merged, split, re-emerged, and split again so many times since your takeout, you might well get an unwelcome series of runaround to find who now has your data. 

 

There are BIN number online sites that if you take the first 6 digits of your 16 digit card number will tell you the exact type of card it really was and with whom 

 

Via a search engine you could then poss narrow down whom best to ring now that holds your data.

 

13yrs is not out of know bounds for it to still be held. Just get past the wolves at the door that immediately say no no it's outside of 6yrs we don't have it that's a scripted on screen get out ... Push.

 

Carefully explain you are being taken to court and its a very important matter that could prevent a claim of several £1000's being successful against you 

 

All you need is written proof a claim was raised/ccj judgement. 

 

That info could be usefulr

 

 

[dx100uk]

A cheque has your signature which not saying they do but you you wouldn't want them to lift it onto any 'faked' documents..which is why we say use a po 

 

You won't necessarily need concrete proof of old ccj by defence filing date, just a line stating a previous ccj was granted 

 

document exchange is not until witness statement disclosure stage which might not ever happen.

[dx100uk]

30 minutes ago, j70han said:

 

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

No where did you get that from??

 

you must file a defence by date else you lose by default!!

 

they dont have to disclose any documents until disclosures stage. Though as with all our defences you note none to date.

 

but your PRIORITY is to get that Lloyds info 

 

pers to prepare incase you dont get proof of old ccj id be using our enhanced google search box for 

 

claimform loan

 

and youll see our std no paperwork holding defence

 

and it will teach you what you need to do at each stage as the claim progresses.

 

DX

[dx100uk]

On 06/02/2022 at 18:52, j70han said:

Date of issue –  01 Feb 2022

 

On 06/02/2022 at 20:01, dx100uk said:

On 16/02/2022 at 18:50, j70han said:

would a defence that this debt has already had a ccj against it

 

not alone probably no. but it wont be alone you must read up as advised earlier.

 

On 16/02/2022 at 18:50, j70han said:

Would the court challenged why I did not pay it and have failed to respond to any of Lowells or Overdales letters.  

not if the claim should not have been raised or is unproved with no enforceable paperwork.. and no you are at not at the mercy to replying to any DCA, .

 

On 16/02/2022 at 18:50, j70han said:

I've filed an online Notice to defend all

that AOS

 

 

 

 

[dx100uk]

Agreed .Almost 100% would have been scm for Lloyds as the claimant.

 

Dx

[dx100uk]

Declared To whom?

[dx100uk]

 Me thinks your payments to Lowell's were for a totally diff debt, how do you know its was for a 'loan'?.

 

You'd have to check letter ref numbers and theirs of recent to see if they match up .? With old stuff?

 

There is also this sold twice issue by Lloyds.. can't see that myself  ..

 

Dx

 

 

[dx100uk]

The loan was not sold by lloyds to lowell till 06/18.  Everything makes sense now.. you were paying Lowell on a cap1 card.

 

DX

 

 

[dx100uk]

Wetcloths don't buy debts, only collect for their stated client. Probably another debt again all together, poss even not lloyds.

 

the debt was not passed to lowell it was sold and their notice of assignment will state by whom.

 

 

[dx100uk]

You have the notice of assignment, lowell assigned it to lowell portfolio 1, 06/18. I suspect lowell bought it from lloyds some years previously

[dx100uk]

3rd time.

Wetcloths dont buy debts they act for their stated client. If wetcloths were not collecting for lloyds then the payments went off another debt, but you say you only had 3.

 

pers i think as you said agreed £15 on the phone after the ccj, id say you are getting mixed up and wetcloths never were collecting rhe ccj loan debt.

 

Dx

[dx100uk]

how do you know lloyds were even wetcloths client? you dont.

 

 

On 16/02/2022 at 17:42, j70han said:

Hi all,

 

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". 

 

scan up these two letters.

 

2022-02-11 overdales reply to CPRf.pdf

 

On 02/03/2022 at 17:45, j70han said:

The Determination date was 22/08/2008

whats the determination date?? no such thing

[dx100uk]

ain't goin' nowhere without enforceable paperwork thats for sure.

oh the wonders of the lying they always do on the phone.

 

and the potential previous litigation.

this could be fun.

 

On 02/03/2022 at 12:12, j70han said:

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...   

 

because you were paying off against the overdraft account i bet not the loan and never have paid that off at all.

 

PLEASE scan up these notice of assignment letters i pointed too a few posts up.

 

On 16/02/2022 at 17:42, j70han said:

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 Default 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.

 

20220216_110217.jpg(1).PDF 3.49 MB · 10 downloads

 

 

dx

 

[dx100uk]

You keep saying you have paid against this loan with an existing ccj that you have no real proof of ,

 

you rang at that time and paid iqor and latterly wetcloths £15pcm then £30pcm till 2017.

 

but none of the payments show as the original balance has never decreased since the ccj time?

 

i think you are wrong somewhere on this again.

 

Just doesn't make sense

 

Dx

 

 

[dx100uk]

part of the total owed/sum confusion is that overdales also said that the balance they quoted on their statement was the loan and OD balances combined. but have not inc the OD part in the claimform sum. 

 

but: 

  

On 02/03/2022 at 12:02, j70han said:

Yes, I declare I have a Lloyds loan of approx. £7,900 which I pay £30 per month for and it is subject to a CCJ. 

the lloyds loan was £7900 at the date of you above list, you paid After this date into2017, and guessed this to be approx £2k, so the balance, in terms of the claimform should be about £5k.

 

even if you add in the OD balance of £800 , it doesnt make £8154 on the claimform.....

 

you are missing these payments still, i wonder what info wetcloths or annikika or iqor have? cant hurt to ring them with their correct ref numbers surely..

 

 

[dx100uk]

and you've moved since these times?

 

 

[dx100uk]

And of course you never updated any of your debt owners you had moved. Who knows what letters went there.

 

Dx

[dx100uk]

go check MCOL too

does the status say you have been sent an N180 too?

as that letter is simply the court informing you they have sent an N180 to the claimant and if they dont respond by 9th may the claim will die.

 

 

 

[dx100uk]

 

 

 

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[dx100uk]

 

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dx