CCJ Lloyds/Lowell vs Edwards8701

[Edwards8701]

Please help!

I have received a court letter stating that I owe £8196 from a loan dating back to 2009.

They claim to have sent repeated letters about payment I have not received these.

I have at old statements but see any payments relating to Lowell or Lloyds. I have no copies of loan agreement as this was back in 2009!

Years ago I used to pay for a credit report, Experian I think was £15 a month or something and there were no defaults and I think my credit score was 946 out of 999.

Please help, I don't know what to do, am so stressed and nervous, I could not sleep last night and have a young family to think out about, the stress is killing me !

I don't want bailiffs turning and taking me kids stuff

Thanks in advance

[Amethyst]

When you say a court letter, is this a Claim form ? If so, could you post the text from the 'Particulars of Claim' box.

Also check Noddle (it's free ) rather than paying £15 a month for Experian.

The loan was opened in 2009, any idea when you stopped paying it or how long the original term of the loan was ?

Bailiffs can't come without there being a judgment against you, then a warrant, then letters ... they don't just turn up willy nilly so don't be worrying about that

[MIKE770]

start by telling last payment and more details

[Diana M]

I have received a court letter stating that I owe £8196 from a loan dating back to 2009.

They claim to have sent repeated letters about payment I have not received these.

I have at old statements but see any payments relating to Lowell or Lloyds. I have no copies of loan agreement as this was back in 2009!

Do you recognise the Lloyds' loan or could it have been an overdraft or credit card or a combination of all three if you had other financial products with Lloyds in the past.

If the account is not showing on your CRA file then it will have defaulted more than six years ago because the whole file entry is removed on the sixth anniversary of the default being registered.

When did you last pay anything towards this loan (if it exists) in case it has the potential to be Statute Barred?

Have you moved house recently or since you had the account (if you did) which could explain why you've not received any correspondence? Lowells should have sent you a formal Letter Before Claim giving you 30 days to respond with any questions/queries/dispute before issuing a claim. Did they do that?

You now have 19 days from the claim Issue Date (top right on the first page) to go online and file your Acknowledgement of Service stating that you intend to defend all of the claim. If you don't have access to a computer you can send the AOS by post but make sure it arrives before the 19 day deadline and keep a copy/Proof of Posting.

You then have 33 days from the claim Issue Date to file your Defence.

The next thing I would do is send a s 77-79 CCA Request to Lowell Portfolio (using the address on the claim form) together with a £1 postal order. That will protect your legal position because after the statutory time-frame expires the debt will become unenforceable in court untlil or unless they do comply.

After that you send a CPR 31.14 Request to Lowells solicitors (using the address on the claim form) where you can ask them to produce any documents which are mentioned in the Particulars on Claim (third box down on the left of the claim form).

You'll also benefit from sending a Subject Access Request to Lloyds to get the full history of this account.

Once you've done that you'll feel more in control of the situation Try not to worry, because that's what they want you to do.

Di

[Edwards8701]

I have uploaded the particulars of claim details

[Edwards8701]

Thanks for the advise regarding noodle, my new credit report shows a default date as 17/07/2012, the old credit report was from 2015, but no default dated I am confused

[Edwards8701]

Thanks very much for the help so far, I have moved twice since 2009, the only letter In ever received from Lloyds was regarding ppi and was back in 2013 stating something along the lines I may have missold

[Edwards8701]

What is a 77-79 CCA request and what is a CPR 31.14?

[Diana M]

my new credit report shows a default date as 17/07/2012, the old credit report was from 2015, but no default dated I am confused

If the account defaulted in 2012 then when did you make your last payment (perhaps an agreed reduced amount or through a Debt Management Plan) or did you stop paying altogether in 2012?

How long was the loan for if it had run to the agreed expiry date?

Di

[Diana M]

the only letter In ever received from Lloyds was regarding ppi and was back in 2013 stating something along the lines I may have missold

Do you still have that Lloyds PPI missold letter? Did you make a PPI reclaim in 2013?

This issue could be helpful to your Defence since it was sent after the account apparently defaulted (for arguably a wrong amount).

Di

[Diana M]

I have uploaded the particulars of claim details

The account reference number is showing in the POC on that claim form so you need to remove that information to protect your identity.

I would also blank out the exact amount being claimed since solicitors read these internet forums.

Di

[Edwards8701]

How do delete the file are image with my details ?

[Edwards8701]

Do you still have that Lloyds PPI missold letter? Did you make a PPI reclaim in 2013?

This issue could be helpful to your Defence since it was sent after the account apparently defaulted (for arguably a wrong amount).

Di

I still have the ppi letter I didn't make a claim

[Edwards8701]

Last payment 17/07/2012, I found out how to delete the document uploaded.I cannot remember the duration of the loan

[Diana M]

Last payment 17/07/2012 . . . .

I cannot remember the duration of the loan

So the debt won't be Statute Barred but there will probably be other legal arguments

Send a CCA Request to start the ball rolling. If they can't produce the credit agreement within the statutory time-frame then the debt becomes unenforceable in court until they do.

This forum has a link to a CCA Request for members > https://legalbeagles.info/library/gu...etter-example/

Feel free to ask me any questions you may have.

Di