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** DISCONTINUED ** Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

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  • ** DISCONTINUED ** Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

    Received a claim? Yes
    Issue Date: 21-4-2015
    Amount approx: 1500
    Claimant: LOWELL PORTFOLIO I LTD
    Solicitor: BRYAN CARTER SOLICITORS LLP
    Original Credit: HSBOS

    Particulars of Claim:
    THE CLAIMANTS CLAIM IS FOR THE SUM OF 1212.61, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND HBOS PLC, UNDER ACCOUNT REFERENCE (LOWELL AC NO) AND ASSIGNED TO THE CLAIMANT ON 29/06/2007, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
    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.

    AND THE CLAIMANT CLAIMS 1212.61

    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 97.02


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Hi Please be gentle with me,
    I have just had this Court Claim form, and need help please in simple English and instructions.

    The forms have arrived in my married name.
    I have not been called my married name since July 2000.

    They arrived on Thursday 23rd April and I received a letter from Bryan Carter dated the 22 April on Saturday the 25th saying I was going to get court papers!

    On some investigation I have found it to be an old Halifax account from when I was married and we went our separate ways. I cannot remember what is was poss a loan? I had to hand our house back when we got divorced, and had various debts both joint and just in my married name.
    This debt is no longer on my credit file, so I cannot check further details.
    I, sadly as it seems, went to CAS who advised and organised paying £1 a month on all debts which when put in place, I kept paying and forgot about, wrong now as I know, but this was then and I was in a bout of depression and in a bad place for many years.

    Now some dates....
    Original default - date unknown.
    Debt apparently assigned to Lowell 29/06/2007
    £1 payments made Jan 2008 - till poss Jan 2011.
    So not SBarred yet?

    Can you please help me by letting me know what letters I have to send and to who, with what payments etc.
    Also what do I do about it all being in a different name?
    I am at the moment unable to work as I have to look after my disabled partner and I have no money coming in myself, we have to live off of his disability.

    So far I have replied to the court online, acknowledgement of Service was submitted online 29/4/15.

    Thanks in advance for any help.
    Tags: None

  • #2
    Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

    Maybe [MENTION=55034]nemesis45[/MENTION] or [MENTION=6]Amethyst[/MENTION] could take a look.

    Comment


    • #3
      Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

      Originally posted by EXC View Post
      Maybe @nemesis45 or @Amethyst could take a look.
      Taking a look now.

      Nem

      Comment


      • #4
        Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

        Hi Welcome to LB,

        Have you checked credit reference file for this account ? ( if not try Noddle it's free online) the default date will be show.)
        PRIORITIES:
        To do List:
        1. CPR 31.14 Request to Carter: This is a formal request for the provision of all the documents mentioned in the Particular of Claim (POC) (no fee to pay). use the template from the forum library.
        2. A CCA request to Lowell for a copy of the agreement and a current statement of the account, there is a £1.00 statutory fee to pay
        ( use a cheque or postal order endorsed for statutory fee only. Lowell has 12 + 2 working days to comply.

        The married name / maiden name is not a problem and doesn't alter the claim, notify the court and the claimant of your current name.

        nem

        Comment


        • #5
          Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

          Hi thanks for your help.
          I have checked with Noddle as soon as I got the court paperwork and it is no longer on my file. That is why I do not know when the original default was.
          I will get the two letters out today.
          Will let you know when I hear something else.

          Comment


          • #6
            Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

            Ok working back, if the account is not on CRA file the default is more than 6 years old at the date you checked the files.
            Unfortunately the payments have prevented the debt from reach stat barred status, and now the court claim has stopped
            the 6 year clock.
            Please let us know what happens.

            nem

            Comment


            • #7
              Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

              I thought that making the payments would cause problems now.
              But you know what it is like I thought it was the best outcome at the time - big mistake!
              So this debt now will never become statue barred at all now as the clock has stopped?
              Once again many thanks.

              Comment


              • #8
                Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                here is a copy of the letter received today from B.Carter, I think it is their usual reply. What do I do now regarding this?

                CARTER 19.5 use.jpg
                Last edited by LittleB; 20th May 2015, 15:35:PM.

                Comment


                • #9
                  Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                  If Lowell get judgement it will show on " public records" sections of credit reference agencies for 6 years from
                  the date of judgement.

                  If you pay the CCJ within 28 days it will not be registered.

                  nem

                  Comment


                  • #10
                    Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                    How do I reply to this letter? how do I answer the court claim, I still have not received anything from Lowell. I am unable to pay as I have no income as living on partners disability. I have no paperwork for this debt at all, so am unsure how to answer the court paperwork now, it has to be done by Sunday.

                    Comment


                    • #11
                      Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                      I understand this but I am unable to pay, if I still do owe it, how do I progress.

                      Comment


                      • #12
                        Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                        No reply to CCA request yet??

                        To Bryan Carter LLP

                        ref: Claim No....................

                        Dear Mr Carter,

                        I am in receipt of your template letter dated................... in response to my request for the documents mentioned in the particulars of this claim.

                        As you quite aware this claim has not yet been allocated to a track therefore my request made under CPR 31.14 is still relevant to this claim.
                        What documents were or were not supplied regarding the alleged debt at any other time is also irrelevant.

                        Bryan Carter LLP will there for supply the documents requested with in 7 days from the date hereon.

                        The conduct of Bryan Carter LLP in regard to this request will be brought to the notice of the court.

                        nem

                        Comment


                        • #13
                          Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                          No Lowell have nor replied to that yet just this letter from B.Carter.
                          Can you see the letter OK?

                          Comment


                          • #14
                            Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                            Yes the letter is fine, just a Carter Template sent out to all who
                            make a request under CPR 31.14.
                            Draft letter below if you want to use it. (post12)

                            nem

                            Comment


                            • #15
                              Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

                              Will send out that reply to them tomorrow.
                              Still waiting for Lowells reply.

                              Comment

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