Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

[SweetRita]

Hello, I am looking for advise urgently. I have received court papers from Lowell Portfolio regarding an 6 year old debt. This debt was a loan for home improvements that I took out on an old property we bought in Yorkshire. I was with my boyfriend at the time but the loan was in my name. We lost the property as we could not afford the mortgage payment and the loan payments. We were advised at the time the property would be sold and any monies left over would be paid to Lloyds TSB. My boyfriend and I have separated and I now share a flat in London. I have had no correspondence with Lloyds TSB or Lowell until I received a court summons. I believe the debt was originally £5000, the court papers are for £ 6911.41 including solicitors fees and court fee, they have also applied for interest at a daily rate of £1.38. In the particulars of claim they make this statement:- This unsecured loan between Lloyds Tsb and the defendant under account reference 100089509621 and assigned to the claimant on the 30/06/2013 notice of which was given to the defendant? I have no idea what the statement means. Please can you advise me what to do next. I have been given a template pointing out the Limitations Act, should I use this. Sorry its so long, im really out of my depth with this and vary scared.

NOTE..The mortgage company were Yorkshire Bank not Lloyds-TSB

[Tools]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Hi Rita, firstly do not panic.

I have flagged this up for someone to take a look at, check back later.

[Amethyst]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Hi Rita

I have received court papers from Lowell Portfolio regarding an 6 year old debt.

When did you take out the loan and when was the last time you made payments to it ?


We were advised at the time the property would be sold and any monies left over would be paid to Lloyds TSB

Was your mortgage with lloyds as well ? who told you this and did they include the loan within that ? Do you know what was left over from the sale after the mortgage was settled and where did that money go?



First job is to acknowledge the claim online (login details should be on the front of your form, just tick the intend to defend in full box ) that extends the time you have to respond to 28 days from date of service.

You need to send a CCA request to Lowells for the agreement
CCA Request Letters


And a CPR letter to the solicitors (BW Legal??) asking for the agreement and assignment


CPR 31.14 Request Info


They need to provide you with the correct documents before you can enter a defence or an admission - if they don't you can ask for the claim to be struck out.

You may also need to send a SAR or a PART 18 request to Lowell for information on why the loan wasn't paid off after the sale of your house but we need to look at the information you have on that before we can decide.

If everything did come back okay and Lloyds aren't to blame for misleading you on the proceeds of the sale of the house paying it off then you will be able to enter an admission and offer to pay an affordable amount which would be set by the court based on your income and expenditure. But let's not get ahead of ourselves xx

Hope that helps a little

Kind regards

Sharon

[SweetRita]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Wow, thank you,

• When did you take out the loan and when was the last time you made payments to it ?
• The loan was taken out in approximately July 2008 and 2008 was the last time we paid as we lost the house pretty much straight away. The house was listed and we put all the money into the house and was then told we couldn't do the work! We lost everything.
• Was your mortgage with lloyds as well ? who told you this and did they include the loan within that ? Do you know what was left over from the sale after the mortgage was settled and where did that money go
• No the mortgage was with a separate company. The mortgage company said they would settle the debt with Lloyds if there was any money remaining. We didn't get notification of the sale as apparently they auctioned the property. We didn't get any money or hear anything from either company.
• Lowell have never contacted me either until I got the court papers.
• Thanks you for the advice although it seems overwhelming.

[SweetRita]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Many thanks.

[Amethyst]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

God, sounds like a nightmare for you.

Sorry to overwhelm you we'll go through it bit by bit so don't worry.

1: First thing to do is log on to Moneyclaim online https://www.moneyclaim.gov.uk/web/mcol/welcome and ACKNOWLEDGE the claim - tick intend to defend.

2: Sent the CCA request to Lowells CCA Request Letters with a £1 postal order.


3: Send the CPR request to Bryan Carter CPR 31.14 Request Info

Their particulars are rather lacking and sounds to me like they are trying to precounter you sending a CPR request as they haven't even mentioned a contract or agreement. In the CPR request put

1: Unsecured loan agreement
2: Notice of Assignment


If you get those bits done and come back and tell me then we can look at the house sale side of things.

No you won't be able to use the limitation act as you are within 6 years ( 6 years would be July 2014 at the earliest ) so unfortunately that won't apply. No matter though it sounds like there's enough issues and lack of information to get this sorted out.

[SweetRita]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Thank you again for your help, I will do these now, please can you tell me who Brian Carter is?

[Amethyst]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

That's me being a doofus. Sorry who are the solicitors acting for Lowells ? B W Legal ?

[SweetRita]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Ha ha yes

[SweetRita]

Re: Help needed re Court papers from Lowell Portfolio re Lloyds TSB loan

Acknowledgment of Service - Confirmation


Step 5 of 5


Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

Acknowledgment of Service Submitted Claim Number
A4

Response type
Acknowledgment of Service

Claimant name
LOWELL PORTFOLIO 1 LTD

Defendant name
SR

Submission date & time
26/02/2014 14:03:34