LOWELL PORTFOLIO V BIGMC should be statue barred ; Defence Due 5 Aug

[bigmc]

Received a claim? YES

Issue Date: 02 JUL 2018

Have you Acknowledged the Claim?: YES - 13/07/2018 defend all of the claim

Total Amount Claimed: £1744.69 - (£1559.69+105+80)

Claimant’s Name: LOWELL PORTFOLIO LTD

Solicitors Firm: LOWELL SOLICITORS

Original Creditor: LLOYDS TSB

Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

Particulars of Claim:
1. The Defendant opened a Lloyds (Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 10/09/2003 .('the Agreement').
2. In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3. The Agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant.
4. Despite repeated requests for payment, the sum of £1,444.16 remains due and outstanding.
And the Claimant claims
a) The said sum of £1,444.16
b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.317, but limited to one year, being £115.53
c) Costs


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):

YES I believe its statue Barred - my reason below

1- No Longer shows on my credit file
2- Default date on credit report was 21/12/2010
3- I cannot tell from my bank statements if any payments were made to them but i absolutley believe i did not,
4- I do not believe i acknowledged or paid them anything since it defaulted , unless they used the original CCA funds of £1 to put against the account.
5. The credit record shows no payments since the original default.

List any letters you have sent (eg: CCA/ CPR )

22 JUL CCA LOWELL PORTFOLIO with copy to solicitors and copy email to both.
25 JUL CPR LOWELL SOLICITORS with copy to Portfolio and copy email to both.
25 JUL SAR LOWELL PORTFOLIO with copy to solicitors and copy email to both.

Any Other Information or Background Details:

Around 2010 I had numerous credit cards on interest free only. As they reached the point were they needed clearing , i was unable to do so. They started to add larger and larger sums and interest and changed the interest rates from relatively low to very high. It culminated in me defaulting all of them in one go.
.
I was inundated with numerous letters and credit company. At times multiple companies chasing the same debts. Despite requests for information and previous advice from legal beagles
I sent numerous CCA requests .Virtually none of the debtors responding.

This debtor has not sent any information to me . I appreciate they still may have time to do so.

CURRENT CLAIM

This one has arrived out of the blue after i checked my credit file . I cannot confirm that this is a card of mine but it seems likely as it did show on my credit report in Feb 2015.

I do not remember it , or what is was used for.

Nor can i remember if the balance was made up of charges , interest or fees or what proportion would have been goods or balance transfers.

A. Can i please have some help with the defence and in particular, the defence when they have not sent any information to me.

B. If you think its possible , can i please have help with any form of a counterclaim ,.If its statue barred and they should know that , then i would like to claim for the time and expense of doing all of this particularly the recorded mail i have sent.

[R0b]

Hello

I've tagged Amethyst to see if she can assist when she has time, but you've certainly left yourself short of time for drafting a defence and will need to get your skates on.

I'm sure others will chime in but from what I can see, you may have an argument for the claim being statute barred, but you need to be certain when last payments might have been made or at least a rough idea. Other anomalies I have spotted are:

1. The assignment to Lowell and there are two parts to it. First, you should require them to prove that the debt has in fact been legally assigned and second, it doesn't state who gave notice of the assignment. Did you receive any notice, and if not, then you can list that as another defence point and therefore Lowell cannot recover the sums under their own name.

2. You can make reference to the fact that a CCA request was made on 22 July with no response yet, and should the claimant fail to supply such documents by 9 August 2018, they will not be able to enforce the agreement.

3. As the agreement was taken out in 2003, I'm sure Ame will correct me but failure to provide the documents might mean that they have failed to provide the prescribed terms of the agreement which in turn means that the agreement is irredeemably unenforceable under section 127 of the CCA (which is now repealed).

4. If you are unable to recall if this credit card does relate to you then you put the onus back on Lowell to prove otherwise.

As for claiming back expenses, it is unlikely as this will probably be allocated to the small claims track which limits all costs. The only way would be for you to argue that they have been unreasonable in their conduct which can be hard to persuade a judge in the County Courts.

[bigmc]

Hi Rob , I really appreciate the quick response.

Sorry for the short amount of time , I am working away from home a lot at the moment , so that is creating some issues, hence the delays in sending the CCA. and the reason i am completing this at midnight

Statue Barred

I am convinced that it should be statue barred , that said

a.. Would they send a debt to court if they know its statue barred

b.. I assume they will have to prove that it is not barred


Thank you for all of the points above and in response to the points

1. I cannot remember receiving any notice, but it was a long time ago and i was receiving lots of paperwork and demands

2. Duly Noted

3. Duly Noted

4. I would prefer Lowell to prove it is mine,
It has been on my 2015 credit report and I did have bank accounts with Lloyds , so i think it likely that it is . I just cant recall it

Claiming Expenses

I do appreciate what you said, it just seems unreasonable that they can add £80 for their fees, without a second thought.
I was assuming that if proved to be statue barred then they should have been aware of this and it would be unreasonable to try to get a judgement by default.

The records for this debt have been removed from my credit file by experian and equifax

Does that help ? for my statue barred assumption

[MIKE770]

Example Defence

[bigmc]

Example Defence

Thanks Mike , i have already had an opportunity to view that document. Difficult to know exactly which parts to use and which parts to exclude.

[R0b]

You should read through any find anything that is relevant to what we have discussed about and incorporate it into your defence. If you are unsure, include it and upload a draft version and we will add our comments.

Unfortunately these templates are not a one size fits all but you have to do some of the leg work as we won't do all of it for you. So you need to look for references about defaults, CCA request etc.

[bigmc]

Hi Rob

I get the point you are making
I have tried to do as much legwork before posting the details to the forum.
Unfortunately as discussed time is very short , and i was away when the defence date was due , so had to post a few days early.

In response to the CCA I have received information from Lowell saying a payment was made in 2014 and they are asking for a copy of the original agreement.

I need to find out where this payment has come from.

My intention is
Post the defence,
Post Lowels Letter
Recheck My bank statements now i have a date reference.
Recover a damaged hard drive that should have all or most of the original data on it.

Please let me know if i should NOT post this items. I will remove any personal information.

[R0b]

So have you actually filed your defence now? The problem is that any defence is specific to you, so its not possible to simply use a template and submit that as your defence because it might include things that are not relevant to you and make you look silly in front of a judge who will probably see that you don't know what you are doing.

If you have submitted a defence, it would be helpful to post it up here.

Any other letters or correspondence you have received would be helpful to upload too.

[Amethyst]

When Lowell have said a payment was made in 2014 have they said how much that payment was for and who it was made to ? Unless you recognise this payment I would still unclude in your defenced that the debt is statute barred relying on the default date of 2010 bearing this in mind;

1- No Longer shows on my credit file
2- Default date on credit report was 21/12/2010
3- I cannot tell from my bank statements if any payments were made to them but i absolutley believe i did not,
4- I do not believe i acknowledged or paid them anything since it defaulted , unless they used the original CCA funds of £1 to put against the account.
5. The credit record shows no payments since the original default.

The onus of proof is on Lowell to show it is not statute barred - they will need to show details of that alleged 2014 payment.

[MIKE770]

have you asked Lowells proof of so called payment?? / if so how paid/by whom/ cheques Number/method and account etc ?