Lowell/Overdales

[echat11]

Evening everyone

An update

I have received no acknowledgment from Overdales regarding the email I sent requestrequesting details around the mysterious £5 payments.

Then this evening i received an email with their DQ attached. I have attached a screenshot of the email and of the DQ.

Can anyone advise please?

Wait until the Court send you the Directions Questionnaire.

[echat11]

I forgot to add that I have also sent to Lowell and Overdales by tracked mail a statute barred letter for each of the credit claims. POD from Overdales was Monday 24th April.

Why would Overdales ignore and continue with the DQ?

When you lodged your defence with the Court you haven't stated that certain accounts are statute barred which you could have done, they have lodged a claim, so they expect you to deal with the matter through the Courts as they've claimed amounts through the Courts.

It's not a problem as such.

Just to add, I haven't looked at the documents you've posted (just skimmed through the defence).

Can you list all the original creditors, when you believe the date last payment / contact was made, something like,

Capital One XXXXXXX XXXXXX

[Gruffolo]

echat11

Thanks ECHAT11, will get these sent out to each of the credit accounts and the service account. The bank account I held at the time has since been closed.

[Gruffolo]

In your defence did you state that 3 accounts are statute barred?

I didn't as I was waiting on replies from the CPR and CCA requests to determine dates etc. This information didn't arrive until after I submitted my defence. I knew all 3 credit accounts were at or around 6 years.

One thing that is certain I never made contact or made any payments with/too any of the credit accounts.

The information Overdales sent via email on 20th April 2023


Capital One (Europe) plc (Capital) Account Reference xxxxxxxxxx9035

The Assignor has informed our client that you entered into the above agreement with Capital to provide you with a Capital One Credit Card on 22 July 2014.

The last payment on the account was in the sum of £5.00 on 2 February 2018. I never made this payment

The account defaulted on 8 August 2018 with an outstanding balance of £317

You failed to make payment in accordance with the terms of the agreements, it was later terminated and subsequently assigned to our client on 21 February 2019.

The Notices of Assignment were sent to you on 8 March 2019.

No statement showing payments has been sent to me.


Capital One (Europe) plc (Capital) Account Reference xxxxxxxxx5933

The Assignor has informed our client that you entered into the above agreement with Capital to provide you with a Luma Credit Card on 30 July 2015.

The last payment on the account was in the sum of £5.00 on 7 January 2018. I never made this payment

The account defaulted on 13 July 2018.

You failed to make payment in accordance with the terms of the agreements, it was later terminated and subsequently assigned to our client on 21 February 2019.

The Notices of Assignment were sent to you on 8 March 2019.

No statement showing payments has been sent to me.


Hitachi Capital (UK) plc (Hitachi) Account Reference 027257964

The Assignor has informed our client that you entered into the above agreement with Hitachi to provide you with a fixed sum loan agreement on 6 October 2016.

The last payment on the account was in the sum of £120.63 on 6 January 2017. A statement showing payments was sent. Am I correct to think that the statute barred commences from the date you made your last payment or last contact in writing? If this is correct then I can certainly claim this is over 6 years.

The account defaulted on 30 October 2017.

You failed to make payment in accordance with the terms of the agreements, it was later terminated and subsequently assigned to our client on 18 March 2020.

The Notices of Assignment were sent to you on 9 April 2020.


Eon Energy Solutions Limited (Eon) Account Reference 015546023190

The Assignor has informed our client that you entered into the above agreement with Eon to provide 3 Regent Mews, Wollaton with Gas & Electricity on 4 May 2017.

The last payment on the account was in the sum of £70.00 on 1 December 2017.

You failed to make payment in accordance with the terms of the agreement, it was later terminated and subsequently assigned to our client on 17 December 2019.

The Notices of Assignment were sent to you on 10 January 2020.

My last contact with Eon is less that 6 years, as above 1st December 2017. On the surface of information I might have to accept this and settle?


The County Court claim for the above 3 credit accounts and 1 service account is dated 21st March 2023. I am 99% certain that my last contact with both Capital One accounts was early March 2017.

To address the question regarding the £5 payments I took MIKE770 and DE DOGS advice; I emailed Overdales on the 22nd April requesting where were these payments, by whom, what method and receipt. To date no reply from Overdales apart from their DQ email.

On the 21st April I sent the following Statute Barred letter for each credit account (Hitachi and Capital One x2) via POD Royal Mail service to Lowell and Overdales:


Re: (Lowell Portfolio I LTD) v (Neil Walker) Case No:


No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.

Yours faithfully



Hope this helps @ECHAT11

[Gruffolo]

Hi ECHAT11

SAR letter for Capital One accounts being posted today. Hitachi account; Overdales were good enough to supply an Annual Statement of Account which clearly shows the last payment I made on that account was on the 6th January 2017. This was over 6 years before Lowell made their claim on the 21st March 2023. Attached is a screenshot of the statement.

[echat11]

Thanks ECHAT11, will get these sent out to each of the credit accounts and the service account. The bank account I held at the time has since been closed.

Although the bank account has been closed, you can still send them a SAR.

[echat11]

'The last payment on the account was in the sum of £120.63 on 6 January 2017. A statement showing payments was sent. Am I correct to think that the statute barred commences from the date you made your last payment or last contact in writing? If this is correct then I can certainly claim this is over 6 years.'

The account defaulted on 30 October 2017.

Why didn't they default you after 3 payments were missing? the default date is the one that matters.

[Gruffolo]

'The last payment on the account was in the sum of £120.63 on 6 January 2017. A statement showing payments was sent. Am I correct to think that the statute barred commences from the date you made your last payment or last contact in writing? If this is correct then I can certainly claim this is over 6 years.'

The account defaulted on 30 October 2017.

Why didn't they default you after 3 payments were missing? the default date is the one that matters.

I'm confused ECHAT11, the Hitachi statement attached to an earlier post shows a letter charge of £25 was applied to the account, would this be a default notice?

[Gruffolo]

have read on Step Change that the 6 years starts 14 days after the Default Notice, if the £25 letter charge dated the 6th March 2017 then the 6 years would be from 20th March 2017?

ECHAT11, you mentioned a Default date of October 2017, where is this written?

Thanks

[Gruffolo]

Me again!!

Reading the Hitachi agreement, it states that a £50 charge will be applied to the account for a Default Notice, the account statement does not show this charge, only three £25 letter charges for breach of the credit agreement.

[echat11]

have read on Step Change that the 6 years starts 14 days after the Default Notice, if the £25 letter charge dated the 6th March 2017 then the 6 years would be from 20th March 2017?

ECHAT11, you mentioned a Default date of October 2017, where is this written?

Thanks

Hitachi Capital (UK) plc (Hitachi) Account Reference 027257964

The Assignor has informed our client that you entered into the above agreement with Hitachi to provide you with a fixed sum loan agreement on 6 October 2016.

The last payment on the account was in the sum of £120.63 on 6 January 2017. A statement showing payments was sent. Am I correct to think that the statute barred commences from the date you made your last payment or last contact in writing? If this is correct then I can certainly claim this is over 6 years.

The account defaulted on 30 October 2017.

[echat11]

Me again!!

Reading the Hitachi agreement, it states that a £50 charge will be applied to the account for a Default Notice, the account statement does not show this charge, only three £25 letter charges for breach of the credit agreement.

You would have received a letter stating Default Notice, I'm not sure that matters.

You need to check what they've sent you for prescribed terms, you say the agreements look 'iffy', make notes.

You need to check if the £5 payments were made, when you get the SAR information you will have a better idea.

[echat11]

Can you go through all your posts, remove all personal details, ref no's etc.

[Gruffolo]

ECHAT11, I don't know how to deleate uploaded documents, I notice the Eon statement has an address on it.

Post #7, you will see attached a Hitachi Default Notice which is dated 19th April 2017, there is a letter charge of £25 on the Hitachi statement for 19th April 2017. You will see there are also two other letter charges for earlier letters. I bet those letters are also Default Notices. Overdales claim the Hitachi account defaulted 30 October 2017, so why a default letter dated April 2017, something not right here.

[echat11]

ECHAT11, I don't know how to deleate uploaded documents, I notice the Eon statement has an address on it.

Post #7, you will see attached a Hitachi Default Notice which is dated 19th April 2017, there is a letter charge of £25 on the Hitachi statement for 19th April 2017. You will see there are also two other letter charges for earlier letters. I bet those letters are also Default Notices. Overdales claim the Hitachi account defaulted 30 October 2017, so why a default letter dated April 2017, something not right here.

See the white triangle with exclamation mark, send Admin a message, they can remove stuff.

As I said make a note of stuff that you think is wrong, wait for more information, it's pointless speculating on stuff.