thanks, sorry about that I couldn't get my brain round it!!! Legal speak is not my speciality!

1: The Claimant's claim was issued on (insert date of claim). 2: The Claimant 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 acticon 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 £x or any other sum, or relief of any kind is denied. Is that right? The bit I've highlighted in pink? Should that say defendant instead? Sorry for all the questions I'm currently filling this in online and want to be 100% I get it right lol thanks

BIG thank you!!! I'm at work so will go online at lunctime and do this

So I register online, acknowledge service and select defend all So I don't need to list my reasons of defence online? I can do that in writing to the claimant? Is that right? thanks

Thanks Andy do I just go onto MCOL and acknowledge? I've done this once before, but it was a while ago, so can I have an idiots guide please? I'd hate to press the wrong button, tick the wrong box!

Andy this is for a loan account, not an over draft

CB that was never an option, I still have the original paperwork for the refund. They paid me a cheque for 2 previous loans I'd had, but this one they only offered to pay it against the account. Never any offer of an actual refund to me

Hi Andy I've just done this now ^^^^^^^^

The claimants claim is for the sum of 7973.19 being monies due from the defendant to the claimant under a unsecured loan agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank plc under account reference xxxxxxxx and assigned to the claimant on 30/06/2013 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1084 at a rate of 8.00% per annum (a daily rate) of 1.45 from the date of assignment of the agreement to 23/01/2015 being an amount of 830.85

thanks CB, I will do that now

Re the refund they told me that the money would be paid back against the account. This was an account that was up to date, not in arrears. Instead of creating a new loan WITHOUT PPI they just said the refund would shorten the loan.... The whole point of complaining was the monthly payments were too high as they included PPI that was miss sold, I know this because I was strung the line "take the insurance and you will get the loan". Disgusting really

Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 26th January 2015 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. Personal Loan What is the value of the claim? £7463.19 Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? Yes When did you enter into the original agreement before or after 2007? Before - November 2003 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. No by the assignee/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? Can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Dispute over PPI What was the date of your last payment? March 2007 Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

Thanks CB I will do this now

OK registered with Noddle, not Noodle lol The account is showing as defaulted, however it doesn't show the default date, or the last payment date, I'm sure the Equifax one was more detailed? But it doesn't matter as I know it's TSB, last payment in 2007 so way out.

I haven't since last year. I had a court battle with Moon Beever who were acting on behalf of First Credit last year, we won against their claim for 8K on a TSB credit card account. I did have an Equifax account but it's run out. I will check out the Noodle option thanks

Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 26th January 2015 What is the claim for – Personal Loan The claimants claim is for the sum of 7973.19 being monies due from the defendant to the claimant under a unsecured loan agreement regulated by the consumer credit Act 1974 between the defendant and Lloyds TSB Bank plc under account reference xxxxxxxx and assigned to the claimant on 30/06/2013 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1084 at a rate of 8.00% per annum (a daily rate) of 1.45 from the date of assignment of the agreement to 23/01/2015 being an amount of 830.85 What is the value of the claim? £7463.19 Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? Before - November 2003 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. No by the assignee/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? Can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Dispute over PPI What was the date of your last payment? March 2007 Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Just a quick history on this one, back in 2007 I had a loan with Lloyds TSB, I complained about the PPI and then ensured a huge battle with Lloyds over various accounts, cards, etc, etc It ended with me opening a new current account with the Natwest and moving all my DDs/standing orders there. Therefore I believe and I have statements to prove it, that the last DD payment on this loan was March 2007. Lloyds were supposed to refund £2900 worth of PPI back against the loan in question, therefore reducing the amount outstanding and shortening the term. By looking at the balance they didn't do this. In October 2013 Lloyds sold the account to Lowells, they sent me a letter informing me of the fact they were intending to make me bankrupt! I sent them a time statute barred letter, told them to back off and I received a reply saying the account had been put on hold whilst they investigated..... Yesterday I received a claim form from Northampton, I'd had a few letters from a company called BR Legal, now it appears they are taking me to court!!! I rang them, told them the account is time statute and they know that It would appear they are going off the default date which is 2009! I informed them this is incorrect and any judge would not be impressed should this land in their chamber! I've been told to send in my defence..... I'm furious Is there anyway I can stop this in it's tracks? Or will I have to go through the whole chore of defence, witness statements, etc, etc, I have bank statements saying the last payment thanks in advance

http://www.consumeractiongroup.co.uk/forum/showthread.php?437042-repossessed-house-undervalued&p=4652965#post4652965 My sister lost the house the above link is for a new thread I've created as she now has new problems

anyone????

It's a long story, so here I go! 3 years ago my sister and her husband split up, she stayed behind with the children in the family home, he left. My sister didn't at that time have a job, he had a very well paid job with a local construction firm. So he walked out, she was left with the mortgage to pay (£800 a month), two kids, no job and no income. He agreed to pay her what the CSA would make him pay for the kids and that was all. So basically he paid nothing towards the mortgage, council tax, bills, etc. At this time the house they lived in they had bought in 2003 for £135,000 In 2010 he built a ground floor extension which doubled the size of the kitchen. He had also converted the loft into a bedroom although my sister has since told me the building regs did not get signed off. They lost a third bedroom downstairs when he built the staircase to the top floor, however it was a tiny box room. In 2011 they had the house valued by the Halifax as her husband wanted to use the house as security for a loan to buy a property elsewhere for him to live in. He had been renting Halifax valued the house at 185,000 and her husband got his loan. My sister struggled to pay the mortgage on her own, got a part time job, her kids are school age so she had to fit in a job around school. The halifax were very unhelpful, they allowed her to pay only the interest on the mortgage for around 12 months, then told her she had to return to full payments. She couldn't afford to pay in full so continued to pay the interest only, husband being no help what so ever, and not paying towards the mortgage. In May of this year they threatened to take her to court for the arrears. I even phoned them on her behalf, they refused to allow her to return to interest only, they refused to consider extending the mortgage to reduce the monthly payment, basically they said full monthly payments of nothing. So in August the bank went to court and she lost the house. She's since been given a small council house which is great but now we have the problem of the original house. The mortgage owed was around 113,000 The Halifax put the house up for sale last week for 114,000! She is devastated, she also can't understand how in 3 years it's gone down over 60k in value! Even I thought it would go up at around 150,000.... They've also got it advertised as a 2 bedroom, saying it has a "loft room" but no mention of a planning application which just needs signed off. Am I correct in thinking it's against the law to undervalue a property just to get a quick sale? According to Shelter's website you can appeal against the price. Any advice people? I've asked her to ring the bank today, to ask for a statement of account for the past 3 years and also a copy of the valuation for the property. Also to ask how 3 years ago they valued the house at 185,000.... It just seems a a bit odd to me and she's been through a lot this last year

Following my time statute barred letter to this lot last year I've heard nothing... Although I had a missed call on my mobile last week, the number when googled was BW Legal This account now belongs to First Credit who I've just seen off in court over another Lloyds account they bought, again time statute barred. My question is as I received NO refund, the account when I first complained in 2007 was NOT in arrears and I had been paying it for 4 years, it had 3 years remaining on it, can I go back to Lloyds and ask for the PPI I actually paid against the loan? I understand I wouldn't be entitled to a full refund, as I had only paid the PPI for just over half the term of the loan, so surely I would be entitled to what I had paid? The account is time statute barred so no redress there, plus Lloyds sold the account to First Credit so no right to offset. I was also told in court that any PPI refund must come from the original insurer/seller (lloyds) rather than the DCA who bought the account. Thoughts people????

Latest on this my sister has now received court papers. The letter we sent must has crossed in the post. There were 2 letters, first one the court letter, then one from a legal firm who are acting for Halifax. Their letter was an invitation to contact them about coming to an arrangement. I rang them, pretended to be my sister, basically there are three options 1. she pays all the arrears to date and begins to pay the FULL monthly mortgage payment 2. she arranges to pay off the arrears and begins to pay FULL monthly mortgage payments 3. they take the house They refused to discuss anything else, told me I needed to get independent legal advice I then rang Halifax again most unhelpful, repeated the above options, not their policy to let my sister continue to pay the interest only, refused to discuss a new mortgage due to the arrears. The court hearing is on 12th August if she can get her house on the market they MAY choose to suspend the repossession for 3 months, but she has to prove the house is up for sale but they can't guarantee they will stop the action...... what a mess

that too

thank you so much I'll drop this off tonight and get to post it ASAP

thank you so much, I'm very grateful x

I don't think that's an option, she just wants to get it sold, move on and make a new start