lowell/carter claimform - old marble card 'debt' Statute Barred ***Claim Discontinued***

[polarbear123]

We really need some advice.

 

 

My wife received paperwork from MCOL concerning a debt with Lowell's.

 

 

The original debt letters said Lowell were representing Marbles.

The debt I think was defaulted early 2009 (could be earlier) so it would now be statute barred

but Lowell added a default to my wife's credit records March 2010.

 

I am unwell and disabled and my wife sufferers serious mental health problems and is epileptic

we really don't need to be dealing with the courts on top of everything else

 

 

.I responded and entered a defence for her 7 weeks ago based on the fact the debt should be statue barred.

 

 

We have received a letter a month ago from Bryan Carter acknowledging the defence no other correspondence has been received.

 

 

The debt is pre 2007 the contract was was made with Marbles 2003.

 

How long do they get to respond to my wife defence?

and because she has not acknowledge the debt does this mean it will go to county court?

neither of us are well enough to attend court.

 

Its very worrying having this hanging over our heads the only money my wife gets is carers allowance.

[fkofilee]

Morning Polarbear...

 

Welcome back to CAG... Lets see here.

 

Can we have some more info on the debt?

 

Also fill out this... I know its been 7 weeks, but itll open up the doors for us to help.

 

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

[polarbear123]

Name of the Claimant ? Lowell portfolio LTD

Date of issue – . 2nd October 2015 (responded with defence 2nd Oct 2015)

What is the claim for –

 

1.The claimants claim is for the sum of £2866.36 being monies due from the defendant to the defendant under an agreement

Regulated by the consumer act 1974 between the defendant and Marbles

Under account reference *****************

And assigned to the claimant 21/08/2012 notice of which has been given to the defendant

 

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

and a default notice has been served which has not been complied with

 

3.And the claimant claims£2866.36

 

The claimant also claims statuary interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum

From the agreed date of assignment of the agreement

To date but limited to a maximum of one year and a maximum of 1000 amounting to 229.29

 

What is the value of the claim? £3360.65

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Agreement date 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. lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No have not received any letters from Marbles

 

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

Why did you cease payments? I was the only wage earner and left work under medical advice due to serious ill health

What was the date of your last payment? Early 2009

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 I contacted them 2008/2009 and explained our situation they could not have been less sympathetic or unhelpful

 

I hope this helps

[dx100uk]

so the claim is stayed.

 

 

what defence did you file please

 

 

dx

[polarbear123]

so the claim is stayed.

 

 

what defence did you file please

 

 

dx

 

Defence was that the debt is statute barred the last payment was early 2009.

[Queens_king]

Hi Polarbear

 

Did you CCA Lowell's.

 

 

I have a debt with Marbles that predates yours

 

 

when I asked Lowell's for the CCA they couldn't provide one.

 

 

Then I went for my PPI refunds and they refused on the grounds that they could not locate any of the original agreements.

 

 

Seems like they were lost transferring paperwork to NewDay.

 

By the way, Marbles is now NewDay

[dx100uk]

CCA makes no odds as such if the debt is statute barred.

 

 

dx

[citizenB]

Lowells will not have been able to enter a default marker in their own name, they would only have been able to UPDATE the original marker placed by the original creditor.

 

If you have access to your credit file, it should say when the original marker was placed. Perhaps have a look at that.

 

Lowells/Bryan Carter tend to leave it very late before discontinuing claims when they receive statute barred defences. They might even attempt to imply that an "odd payment" was made. Should they do this, then if you are absolutely certain that you haven't made any payments since early 2009 and you didn't suddenly decide a couple of years later that you wanted to make a payment and then none afterwards for another 4 years, you should be able to challenge that with no problem.

[polarbear123]

Thank you everyone for all the replies.

 

I have checked my wife's file and it is headed "Credit Card from Lowell Portfolio 1 Ltd" there is only one year listed which is 2010.

 

 

The default date is stated as March 2010

 

 

there are no other entries this is the date of the first letter received from Lowell.

 

We have not corresponded with Marbles or any of their representatives or made any payments since 2009.

[Bazooka Boo]

Then you have nothing to worry about IMO.

 

The SB defence will kill it dead, Farter will wait until the 11th hour before he will admit defeat and withdraw the claim.

[dx100uk]

yep^^

[polarbear123]

Thank you everyone for your advice and support.

 

 

They have not contacted us since acknowledging my wife's defense.

 

 

They included an expenditure form in their reply and asked us to fill it in including our bank details

apparently to help with their inquiries they must think we are stupid.

[dx100uk]

you're learning fast!!

[polarbear123]

Great news a few days ago my wife received a letter from BCS and they have discontinued the claim in its entirety.My wife is very pleased she has been worrying about this despite my reassurance it was statute barred anyway good news for 2016.

[Bazooka Boo]

Excellent,

[dx100uk]

how unusual. Not

another fleecing attempt prevented

[AndyOrch]

Well done all

 

Thread title amended....

 

Regards

 

Andy