lowell/? claimform - lloyds od - poss sb'd

[sperry]

Quick update. Received another letter from lowell solicitors. Giving me 14 days to respond or they will be issuing a claim against me. Looks like the sleeping dogs are waking up for breakfast

[renegadeimp]

If the lowell debt is SB, get the SB letter off. But only if you are sure. Thats because they will try and claim a payment was made around 2-4 years ago for a small amount of money. Technically its fraud, but they claim its an admin error and get away with it. Call their bluff. You need to be sure its SB so you can challenge it.

 

If its not SB

[sperry]

Oh its definately SB'D.havent made a payment or even attempted a plan since meeting mrs, and that was in 08.they claim i owe 1800, but90% of that was bank charge. Ive read in a few places that adjustments of O/D's can be used to reset the 6 year clock. Any idea?

[dx100uk]

Please read the letter properly

It does not say will anywhere!!

If but might instruct...

 

If the debt is sb'd then let them issue a claim form..

 

Our. SB defence will kill it dead..

 

Do not respond to any silly threatograms

 

Dx

[sperry]

Only thing DX, tbis letter does says WILL. "You must contact us or make arrangements to pay within the next 14 days or a claim WILL be issued without further notice to you." Followed by a breakdown of whats costs incurred would be. Then goes on to say failure to respond to the claim MAY result in a CCJ entered against you.

[dx100uk]

Says claim not claim form or court claim

 

Clever use of words

 

The bottom line is

Matters not what you do

 

The debt is statute barred

Ccj will be impossible to get for them

 

Willy waving!

 

Dx

[sperry]

Ohh DX, i was in a slightly bad mood but the 'willy waving' comment didnt half make me chuckle.

 

Letter also mentioned County COurt BUlk Centre, sure i've read dodgy stuff in relation to that.

 

All of it noted and thanks guys.

[renegadeimp]

Be aware that lowell normally will issue a claim, despite their wording on their letters. Make sur eyou have everything ready to go, just incase they do file one.

[sperry]

Thanks renegade, i'll be working on this monday, i think ive got all templates needed already bdownloaded.

 

 

So an update.

 

 

Been into branch today and got a list of transactions.

 

 

Last time a payment was made to this account was 06/06/08.

Had aright miserable sod behind counter though.

[dx100uk]

so def SB'd

no need to write to anyone with an SB letter.

 

 

if they were stupid enough to issue a claimform

 

 

SB defence will kill it dead.

 

 

did you get the SB confirmation in writing today

or evidence of such?

 

 

dx

[sperry]

Evidence so far consists of all transactions from opening the account to its closure. Been told if i need any letters to go back into branch. Going back tomorrow to get a confirmation letter. They tried charge me a fiver per sheet to haha

[dx100uk]

if you've got the statements that will be all that's needed

 

 

dx

[sperry]

Brilliant. Thats some weight off the shoulders.

[sperry]

So opened the door this morning to find a letter from County Court Business Centre, turns out Lowell have issued a claim. Issue date was 10 Dec.

[dx100uk]

same debt?

 

 

go start a new thread in the financial legal forum.

 

 

i'll move any relevant posts over.

[sperry]

Yeah same debt. Thanks Ill do that now.

 

Hi all, been issued a claim by lowell on a SB debt, Issue Date was 10 Dec.

 

I have the statements from opening the account to the account closing. Just looking at help if possible.

 

Thanks

[dx100uk]

hi in order for use to give the correct help for you situation

 

 

please fill this out and copy n paste the questions/answers to your thread here

 

 

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

 

 

dx

[Bazooka Boo]

Lowlifes attract a lot of attention on a Sat eve don't they! 37 guests!!

[sperry]

wait whos the lowlife?? Bit confused

[Bazooka Boo]

Lowell=Lowlifes

[sperry]

Agreed haha

 

In order for us to help you we require the following information:-

 

Name of the Claimant - Lowell Portfolio I Ltd

 

Date of issue – 10 Dec 2015

What is the claim for –

 

 

1.The defendant entered into a consumer credit act 1974 regulated agreement with Lloyds under account reference, (the agreement)

the defendant failed to maintain the required payments and a default notice was served.

the agreement was later assigned to the claimant on 24/06/13 and notice given to the defendant.

 

2.despite repeated requests for payment the sum of 1768 remains due and outstanding.

And the claimant claims a) the said sum of 1768, b) interest pursuant to s69 County Courts act 1984

at the rate of 8% annum from the date of assignment to the date of issue, accruing at a daily rate of 0.388,

but limited to one year, being 141.46, c) costs

 

What is the value of the claim? 1909

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

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

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? I dont recall getting one.

Did you receive a Default Notice from the original creditor? Dont recall getting one.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I haven't got one yet I dont think.

Why did you cease payments? Fell into some hard times in work and they was demanding more than I could afford.

What was the date of your last payment? 03/06/08

Was there a dispute with the original creditor that remains unresolved? Nothing in writing.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes in Branch.

[unclebulgaria67]

Are you absolutely certain you have not made any payments or acknowledged the debt since June 2008 ?

 

You didn't sign up to any debt management plans to deal with debts and this was included ?

 

It would be worth sending the CPR 31.14 letter asking for a copy of the current account agreement you signed together with terms/conditions, copies of statements of account from Lloyds revealing the conduct of the account, a copy of the default notice and a copy of the notice of assignment. Send to the claimants Solicitor by recorded delivery.

 

The problem with a current account is that Lloyds may have left it overdrawn for a long time, before they got around to defaulting the account. Therefore the date of default given to Lowells will appear to them as not statute barred. Hence sending the letter asking for disclosure.

 

The CPR letter is mentioned in the link dx provided earlier. Have a look and you will see what letter you need to send.

[sperry]

Not made a payment thats a definate. In terms of acknowledging the debt then I havent sent them a letter or even on the phone. I can check the default date through credit report cant I?

 

Will check the letter a little more now.

 

thanks again

[unclebulgaria67]

Yes check your credit report. If the default reported is over 6 years ago, it should not be on there.

[sperry]

The default date was 23/04/2010. Ive noticed something on the report though... the default balance was 1855. Lowell was only asking for 1768 prior to this. checking payment history on it now.

 

It was updated to a 0 balance on 11/08/13. 11 day after the debt was assigned.