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

[unclebulgaria67]

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.

 

The default date is a bit dodgy if you failed to deal with the overdraft in 2008. Sometimes the debt company Solicitors don't fully reply to CPR letters and you may wish to submit a Data Pro subject access to Lloyds to get hold of the statements of account and other info in file re default date.

 

Remember to acknowledge the claim online within the time allowed.

 

On your credit file, it will often show a nil balance when a debt is sold onto a DCA and the debt amount can be different.

[sperry]

In regards to the default, Ive been having a look at my report, and there are two different defaults for this debt,

one from Lloyds,

one from Lowell,

both default dates are the same.

 

Would I be wasting my time with including a statute barred letter with the CPR lot?

 

Ive got a couple of questions really I could do with clarity on,

 

 

but I dont want to rush through things.

 

 

Could i rattle some off to you??

[unclebulgaria67]

In regards to the default, Ive been having a look at my report, and there are two different defaults for this debt, one from Lloyds, one from Lowell, both default dates are the same.

 

Would I be wasting my time with including a statute barred letter with the CPR lot?

 

Ive got a couple of questions really I could do with clarity on, but I dont want to rush through things. Could i rattle some off to you??

 

You need to establish the statute barred status and that the default date is wrong. When you submit your defence, you can then state with more confidence the account is stature barred. In the CPR letter you can mention that you believe the account is statute barred and that Lloyds and Lowells have the wrong default date recorded.

[dx100uk]

please don't do or send anything other than what we recommend.

DO NOT send that SB letter.

 

 

pers I'd ignore the 'perceived' disputes over when various organisations 'think' a bank account sb date runs from.

 

 

if you have never used the account or written and signed a letter regarding it since 3/6/2008

then they should have sent their notice of calling in or whatever well before the reported defaulted date

 

 

I'd file the SB defence NOW

and be done with it

 

 

its for the claimant to PROVE a debt is NOT SB'd, not for you to prove it IS.

 

 

SB Defence...

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant 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 act 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

.

[sperry]

Dont worry DX i wont be sending anything in without anyones recommendation, concern Ive got is asking the wrong thing or bringing up an irrelevant point or asking questions on what should be simple.

 

If I were to raise a dispute with Lloyds over interest and charges would that have any relevance to the defence? Given that the debt was bought at an amount that was incorrect?

[dx100uk]

that's why they sold it

 

 

inflated lemon debt

 

 

nothing to do with them at all now

 

 

i'll move over your relevant posts from that other thread

then people can see the full story,

 

 

dx

[sperry]

Thanks, up in 6 hours so time to call it a night. Will pick everything back up in the morning. Fresh mind, fresh thinking.

 

Cheers for the help today all.

[sperry]

So quick update, been checking my credit report a bit more thoroughly, ive never checked it before for one reason or another... ive been checking payment history and its showing that the payments were up to date 56 months ago, which i think puts it to april 2011.

 

Definately made no payments to Lloyds, no payments to any DCA either. Been on phone to bank to try and trace any transactions, but its from an old account so it may take 5-10 days.

 

According to credit report it was only assigned in 2013, so am i right in thinking that anything before that date should show in a SAR to Lloyds? My head is battered over this up to date on my report.

[Bazooka Boo]

Assigned or sold?

[sperry]

Assigned or sold?

 

Assigned

[Bazooka Boo]

Then how is Lowlifes the claimant? They don't own the account?

[sperry]

The short answer is I dont know??

 

Double checked the claim form, definately lowell portfolio ltd. Double checked credit report and compared the defaults.... default dates are same, the lowell default has an account started, which is also the same as LLoyds. The lowell defaults payment history however only has one entry and that was 22/09/13.

[dx100uk]

Why are you fretting about who owns it..

They state they do

So there we go

 

So its not statute barred then?

And the info posted from post 1 in this merged thread is wrong?

Can't see how you paid 51mts ago?

No old post refers to it before..

 

Dx

[sperry]

Why are you fretting about who owns it..

They state they do

So there we go

 

So its not statute barred then?

And the info posted from post 1 in this merged thread is wrong?

Can't see how you paid 51mts ago?

No old post refers to it before..

 

Dx

 

Im fretting more about the up to date payment than i am who owns it.

 

In relation to the statute barred, I would put everything I have that no payments were made on this debt. I wouldn't of said it was statute barred if i had any doubt.

[Bazooka Boo]

Apologies, didn't intend to divert the advice away to who owns it.

 

Lowlifes are not shy of fabricating payments to an alleged SB debt, a very well worn 'admin error' they like to make.

[sperry]

Apologies, didn't intend to divert the advice away to who owns it.

 

Lowlifes are not shy of fabricating payments to an alleged SB debt, a very well worn 'admin error' they like to make.

 

This is my concern. I know with this debt I didnt make any payments. Besides having statements for the period of doubt from the account i had, is there anything I can be looking at obtaining?

 

This should show on a SAR if it was only assigned in 2013 surely?

[unclebulgaria67]

This is my concern. I know with this debt I didnt make any payments. Besides having statements for the period of doubt from the account i had, is there anything I can be looking at obtaining?

 

This should show on a SAR if it was only assigned in 2013 surely?

 

If you have statements of account, then do as dx advises which is to just acknowledge the claim and enter the statute barred defence. It is up to Lowells to prove that it is not statute barred,

 

You could still send the CPR letter, asking for the documents referred to in the particulars of claim, to see how they reply. Perhaps when obtaining the documents they will realise that their claim has no chance and they will not proceed.

[Bazooka Boo]

I personally believe that this is just another underhand debt collection method, just like issuing SD's like confetti to force a debtor into paying when they don't owe anything.

 

I would be mindful of lodging a formal complaint to TS and the FCA regarding this practice, it is highly likely that lowlifes are again exploiting a debtors lack of knowledge and are attempting to obtain money by deception, if it can be proved, it will be worth it's weight in gold, literally!

[Guest]

So quick update, been checking my credit report a bit more thoroughly, ive never checked it before for one reason or another... ive been checking payment history and its showing that the payments were up to date 56 months ago, which i think puts it to april 2011.

 

Definately made no payments to Lloyds, no payments to any DCA either. Been on phone to bank to try and trace any transactions, but its from an old account so it may take 5-10 days.

 

According to credit report it was only assigned in 2013, so am i right in thinking that anything before that date should show in a SAR to Lloyds? My head is battered over this up to date on my report.

 

do note these alleged payments. (partic re what might happen if in court)

eg in this thread #179, it seems that the claimant just said (with a transaction summary doc) that a payment was made between xx/xx and (up to) xx/xx.

without anything to counter, the J accepted there was payment within the time limit. (though seemingly there was a payment within the 6yrs in that case)

http://www.consumeractiongroup.co.uk/forum/showthread.php?447440-Hoist-Portfolio-Howard-Cohen-Claim-Form-Santander-overdraft-from-2009/page9

[sperry]

do note these alleged payments. (partic re what might happen if in court)

eg in this thread #179, it seems that the claimant just said (with a transaction summary doc) that a payment was made between xx/xx and (up to) xx/xx.

without anything to counter, the J accepted there was payment within the time limit. (though seemingly there was a payment within the 6yrs in that case)

http://www.consumeractiongroup.co.uk/forum/showthread.php?447440-Hoist-Portfolio-Howard-Cohen-Claim-Form-Santander-overdraft-from-2009/page9

 

So any paperwork/statements from the account I was using at the time of alleged payment, am I correct in thinking this should sway any balance of probability towards my favour?

 

I need to be in town tomorow so can visit branch to get those statements.

 

I will also be sending out any other paperwork I need to send out tomorow.

[Guest]

yeah, if you can get statements showing that there were no payments then that can be used to help rebut any payment allegations if required. see what, if anything, they come up with.

 

what paperwork do you need to send out?

[sperry]

Sorry about the lack of detail over last few days, family emergency unfortunately.

 

The paperwork I need to send out is the CPR letter to the solicitors along with a SB letter. The bank aren't playing ball, don't have a passport or I.D and there not accepting my paperwork as proof of I.D.

[unclebulgaria67]

Sorry about the lack of detail over last few days, family emergency unfortunately.

 

The paperwork I need to send out is the CPR letter to the solicitors along with a SB letter. The bank aren't playing ball, don't have a passport or I.D and there not accepting my paperwork as proof of I.D.

 

I would not worry too much about getting hold of documents. If you submit the SB defence advised by dx on page 2 of this thread, then if the claimant thinks they can proceed, they will have to supply evidence that the debt is not SB. They will also need to supply the documents mentioned in their particulars of claim.

 

You can send the CPR letter so they are put on notice you want to see the documents, but they may not supply them straightaway and wait until they have decided to proceed. You will note from CAG pages that many claims are withdrawn.

[AndyOrch]

If the debt is Statute Barred then you dont need to send any letters...pointless sending a SB letter if you are submitting s SB defence?

[sperry]

Thanks Uncle, I'll send the CPR off and see what they come back with, I'll post up there reply. Think I'm searching for documents in case they come back with any ghost payments, lacking detail of any sort, I have the paperwork to throw straight back at them.