County Court Claim filed by Lowell Solicitors

[Ndurennai]

How much is the debt for?

2,800 pounds

[Ndurennai]

Send them a CCA ss77-79 request?

(MFS Portfolio Limited v Phelan & West - –Appeal)

I did send CCA request they replied stating it doesn't apply because it's bank overdraft debt

[charitynjw]

The FCA is also banning the inclusion of an overdraft amount when calculating a consumer’s “available funds”, “balance”, “available balance” or similar to ensure that the consumer understands that an overdraft is a line of credit rather than forming part of the consumer’s own money.

https://www.charlesrussellspeechlys....=View-Original

[Ndurennai]

Do a subject acess request directly to Halifax this is now statute barred so they cannot ask you to pay the amount, have you paid anything to them?

it was statute barred Feb 2019, but Lowell raised court claim before said date (Feb 2019) i.e. about October 2018. Is it still statute barred??

[Ndurennai]

Send them a CCA ss77-79 request?

(MFS Portfolio Limited v Phelan & West - –Appeal)

charitynjw I think the fact that they didn't comply with my earlier request may eventually work in my favour if this matter goes to court.

[charitynjw]

it was statute barred Feb 2019, but Lowell raised court claim before said date (Feb 2019) i.e. about October 2018. Is it still statute barred??

If the court claim is issued before the Limitation cut-off (ie date when SB kicks in), the SB clock 'freezes' until such time as when the case is either decided or withdrawn.

[Ndurennai]

If the court claim is issued before the Limitation cut-off (ie date when SB kicks in), the SB clock 'freezes' until such time as when the case is either decided or withdrawn.

thanks charitynjw:
claimant obviously checked SB date before taking actions.
However, the fact they refused to comply with:
--CCA 1974 request
--CPR 31:14 request(sent to her solicitors)
-- and they made up details they sent to CRA,
--they didn't send me default notice and termination notice upon request will work against them in court.

[Ndurennai]

My other question?:
in reply to my CCA request and request for copy of default notice and termination notice, the claimant stated that because it's a personal current account overdraft debt that Default notice will not be requested from the original creditor, is that correct???

[charitynjw]

My other question?:
in reply to my CCA request and request for copy of default notice and termination notice, the claimant stated that because it's a personal current account overdraft debt that Default notice will not be requested from the original creditor, is that correct???

CONC 6.3.1 R 01/04/2014 RP
This section applies:

1. (1) to a firm with respect to consumer credit lending; and
2. (2) where a firm has entered into a current account agreement where:
   1. (a) there is a possibility that the account-holder may be allowed to overdraw on the current account without a pre-arranged overdraft or exceed a pre-arranged overdraft limit; and
   2. (b) if the account-holder did so, this would be a regulated credit agreement.

CONC 6.3.2 R 01/04/2014 RP
CONC 6.3.3 R does not apply where the overdraft or excess would be secured on land.

https://www.handbook.fca.org.uk/hand.../?view=chapter

[Ndurennai]

https://www.handbook.fca.org.uk/hand.../?view=chapter

excellent.. many thanks Charitynjw

Lowell & HBOS obviously not playing according to the rule.....whether on purpose or due to ignorance

[Ndurennai]

the registered default on my credit file via callcredit but have refused to provide me with default notice... maybe I will counterclaim on this bases

[charitynjw]

the registered default on my credit file via callcredit but have refused to provide me with default notice... maybe I will counterclaim on this bases

What would you be counter-claiming for (cause of action.)?

[Ndurennai]

got that wrong, pls ignore. If I need to sue Lowell it maybe with respect to wrong data logged with credit rec agencies

[Ndurennai]

jaguarsuk and charitynjw and other VIP members please please could you help by giving me your thoughts or points I should include in my witness statement as I'm preparing for hearing.

Claimant did respond to any formal request for CCA, CPR, etc and account they bought from OC is disputed account and the matter is already on the table of FOS. Many thanks in advance for your help or suggestion.

[charitynjw]

..........the matter is already on the table of FOS

Is the court aware of this?
What exactly is the FOS looking at?