Lowell/carter claimform - old lloyd od 'debt'***Claim Discontinued***

[dhn2013]

Hi,

 

New poster here, but have read a lot of the information on here previously and it's always helped. Hope you can now too.

 

I have an apparent debt which the lovely people of Lowell are chasing.

 

Now, the account in question is in my name.

And I did previously use it.

I finished using it in around February 09.

To my knowledge it was left at or around a £0 balance and I haven't thought about it since.

 

Lowell got in touch recently, claiming a debt of around £900 which they'd bought from Lloyd's.

 

I've spoken to them on the phone (I know I shouldn't have, but they're persistent, and as I say, the account is mine)

- I requested full statements and an explanation of how the debt is made up.

Especially given this account only had £250's worth of overdraft facilities.

 

They sent a letter about a month ago.

 

Saying the account was on hold whilst statements were sent out.

 

And again started chasing a few days later so I rang, said I hadn't received anything.

 

They accused me of lying and said I was holding them up.

 

I said they hadn't sent anything.

 

Requested the statements again and I received a letter mid September.

 

They've sent me 3 pages of statements. From 06/08/09 - 13/10/09 made up of only 10 line items.

The opening balance is £898 and closing £954. I know I left it at £0 or thereabouts.

 

Now I've just been on the phone to them, and they're saying they can't and won't send me full statements.

And because I won't settle today they're saying I'm refusing to pay and passing me onto their 'litigation' department.

 

Few questions.

 

- Can I force them to send me full statements proving how the balance has been made up? I'm reluctant to pay anything based on no information.

- What does their litigation department do?

 

The other strange thing, is that I've signed up to Noddle, and it isn't showing on my credit file.

 

Any help would be fantastic.

 

Thanks in advance.

[dx100uk]

god stay off that phone to the fleecers.

 

SAR the original creditor

 

if you left it at near £0

 

then its all PENALTY charges & interest

 

they can go whistle

 

dx

[Ford]

The other strange thing, is that I've signed up to Noddle, and it isn't showing

on my credit file

 

noddle may not be so accurate, try experian/callcredit etc. if doing the free trial, remember to cancel in time unless want to continue with payment.

Edited October 4, 2013 by Ford

[dhn2013]

Thanks both. Appreciate it.

 

So for the SAR assuming that goes to the branch of Lloyd's?

 

Is there anything I can send to Lowell's to stop them bothering to contact me for 40 days??

 

Thanks.

[Ford]

sar to loyds; DSAR Unit, Lloyds Bank, Customer Service Recovery, Charlton Place C57, Andover, SP10 1RE

is this re a credit card/loan or all o/d?

Edited October 4, 2013 by Ford

[dhn2013]

It's an old overdraft.

 

Limit was £250. Closing before Lowell took it was £898.

 

Thanks for the address.

[Ford]

...Is there anything I can send to Lowell's to stop them bothering to contact me

for 40 days??

 

if they are currently bothering, could send a letter along lines of saying in dispute, no acknowledgements, info given insufficient, awaiting sar info, communication in writing only, etc.?

send ftao compliance/complaints.

Edited October 4, 2013 by Ford

[dhn2013]

god stay off that phone to the fleecers.

 

SAR the original creditor

 

if you left it at near £0

 

then its all PENALTY charges & interest

 

they can go whistle

 

dx

 

Hi again,

 

Have sent the SAR to Lloyds, and a marginally nicely worded letter to Lowell after another bout of calls.

 

Quick question, if it is all penalty charges and interest (highly likely) then where do I stand? Am I liable to pay that? Or should I be starting another process against Lloyds??

 

Thanks in advance.

[dhn2013]

Hi again,

 

Have sent the SAR to Lloyds, and a marginally nicely worded letter to Lowell after another bout of calls.

 

Quick question, if it is all penalty charges and interest (highly likely) then where do I stand? Am I liable to pay that? Or should I be starting another process against Lloyds??

 

Thanks in advance.

 

Have now received a letter from RED stating they're going to access me for repayment and look into CCJ's and AOE. Assume I should just keep ignoring them until I get the SAR information back?

[dx100uk]

yes sure.

 

itsjust another bloke at a diff desk in a diff coloured skirt

red are lowells are are hamptons.

 

once we know the score on charges we'll do a spreadsheet.

 

dx

[dhn2013]

Hello,

 

In December last year I received a notice from Bryan Carter Solicitors that they intended to issue a court claim. I wrote back, and said "is this letter real, can you supply xyz" - they wrote back, stated that nothing had been officially done yet and they were seeking advice from their client. Then, nothing.

 

About two weeks ago I received the same "letter of claim" so sent the same letter back asking if it was a real claim and if they could supply the items I need.

 

Have since received a letter from Bryan Carter listing the items I need, and also a Claim form from the County Court Business Centre.

 

At a bit of a loss here now.

 

Bryan Carter have replied to my letter stating (abridged version here);

 

• They've been instructed by their client
  
• They can confirm the Claim Form was issued by the CCBC and that protocol was followed
  
• They believe their client has complied with pre-action protocol so far
  
• Have enclosed a statement of the account for reference and taking further instructions from their client in regard to this
  
• Are willing to enter into "without prejudice" negotiations to settle this matter by way of Tomlin Order
  

 

Any help or advice would be great. The claim is for just over £1k inclusive of charges, it is my account which I thought I'd left dormant many years ago, but a DD was attached to it still so it's ran up charges - I only had a £250 overdraft limit on it, and the remaining balance of £700 of so is made up of charges.

 

Also worth pointing out that the date of default on this is listed as 19th October 2009.

 

Hope someone can help, slightly lost and worried.

 

Thanks

[dx100uk]

Can you fill this in please

 

Post the q&a back here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

DX

[dx100uk]

Old & new threads merged.

 

Did you get the sar done?

Have you the statements now?

 

Ignore that letter from carter

It's his STD response...

 

Have you ack'd the claim on mcol???

 

DX

[dhn2013]

Name of the Claimant ? Lowell Portfolio I Limited

 

Date of issue – 10th July 2015

 

What is the claim for –

 

1.The claimants claim is for the sum of £900 being monies due from the defendant

to the claimant under an agreement regulated by the consumer credit act 1974

between the defendant and Lloyds under account reference XXXXXX and assigned to the claimant on 03/07/2013

notice of which has been given to the defendant.

2.The defendant failed to maintain contractual payment under the terms of the agreement

and a default noticed has been served which has not been complied with.

3. And the claimant claims £900

 

The claimant also claims statutory interest pursuant to S.69 of the county act 1984

at a rate of 8% per annum from the date of assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to £75

 

What is the value of the claim? £1169

Has the claimant included section 69 interest (8%) within the total claim

or is it shown separate within the Particulars but not added to the debt? Added

Is the claim for a current or credit/loan account or mobile phone account? Current account

 

 

When did you enter into the original agreement before or after Opened 02/2007

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. Lowells debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Aware assigned to Lowell but only after phone calls. Original assignment note sent to address from 10 years ago.

 

Did you receive a Default Notice from the original creditor?

Probably sent, never received, moved address, didn't update account as I didn't use it.

 

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

Why did you cease payments:- Didn't use the account, left it at ~£0.00 balance, moved house, didn't update DD's, DD's recurred and charges incurred to full amount.

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 no

 

 

 

 

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

 

 

Thanks,

Yes, SAR done. Have got statements in hand.

 

Haven't acknowledged the claim on MCOL.

No.

[dx100uk]

ok go ack the claim on mcol

defend all

leave juris unticked

 

 

get the current account CPR 31:14

off and running to carter.

legal section of the library

 

 

dx

[dhn2013]

ok go ack the claim on mcol

defend all

leave juris unticked

 

 

get the current account CPR 31:14

off and running to carter.

legal section of the library

 

 

dx

 

OK, thanks dx.

 

Have skimmed the 31:14 and think I understand it.

 

 

What happens after this is sent?

 

 

Would you be able to give me a brief "if they have everything"

 

 

and "if they have nothing" scenario, please?

 

Thanks in advance.

[Ford]

they prob wont come back with/have anything re 31.14. as is re an o/d and small claims.

[dx100uk]

if its mostly charges

they don't stand a chance

http://www.consumeractiongroup.co.uk/forum/showthread.php?419828-Carter-lowells-Claim-form-old-joint-Lloyds-bank-account***Claim-Discontinued***

 

 

don't forget this is a self help site too

numerous threads here to read on bank od claim

and in the successes forum

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

dx

 

 

 

 

get the claim ack'd asap

 

 

dx

[dhn2013]

Thanks. Appreciate the help. I'll get the claim acknowledged and the letter sent off.

 

One bit I can't work out is if the claim goes ahead is that a definite CCJ that will go on my file or will they just order a repayment plan which could then lead to a CCJ if not kept up?

 

Thanks

[dx100uk]

if if if

they've gotta win first and very unlikely for carter on bank account.

 

 

you need to read other threads and all will be revealed

 

 

there are various ways of preventing the CCJ appearing

inc tomlin/consent etc etc

 

 

but never ever agree to any of those unless you lost and ask for help on it here.

 

 

as the majority of this debt is charges

me thinks he'll run a mile once its defended.

[dhn2013]

Thanks for your help so far.

 

Have signed up to MCOL. Have had a look through the "Start defense" section.

 

Is there anything specific I should put in my defense, I couldn't see any templates so not really sure? Also, couldn't see the juris option to tick/untick?

 

Thanks

[dx100uk]

post 18 links will have it

but its NOT a template

it will need matching to their POC

on the claimform

 

 

I bet if you look at the links I posted

the POC's there and yours will be the same?

so will be sort of the same defence:wink:

 

but you.ve got weeks to run before filling it mind

 

dx

[dhn2013]

post 18 links will have it

but its NOT a template

it will need matching to their POC

on the claimform

 

 

I bet if you look at the links I posted

the POC's there and yours will be the same?

so will be sort of the same defence:wink:

 

but you.ve got weeks to run before filling it mind

 

dx

 

Sorry, I looked through the process for Defending the claim and it asked for a defense, realised now that I need to fill the AOS forms in on MCOL.

 

Have looked through the links and see what you mean - I can't defend it yet can I.

 

Thanks dx!

[dx100uk]

no

I thought you'd already done AOS? [ack'd the claim]

if not do it now

 

 

defend all

leave juris unticked

 

 

that's all you have to do on MCOL website for now.

 

 

and go read those threads!

 

 

dx

[dhn2013]

Yes, have now ack'd the claim under AOS.

Threads read, process a little clearer now.

 

CPR 31.14 being sent tomorrow, just printed it off.

 

Thanks