Claim form received from Bryan Carter/Lowell for an old LLyods Account help please

**FlamingParrot** · 12th February 2014, 14:40:PM

Re: Claim form received from Bryan Carter/Lowell for an old LLyods Account help pleas

Hi and welcome to LB!

Originally posted by LJB078 View Post

Now I have not used that Llyods account since 2003,it didn't have an overdraft facility but Llyods made payments to a Llyods loan even though at the time I did not have the funds in my account!

This is totally unlawful use of their 'right' to set off which would normally be the subject to a complaint to the FOS, sadly many years have passed.

Originally posted by LJB078 View Post

I have checked my credit report thinking it should have dropped off now and be statute Barred as I have made no payments for 10 years! But no its still there with a default date of 25/08/2010 with a status of satisfied (must be when it was sold to Lowells as they have appeared on my credit file).
I have responed to the claim today via the website and have completed the acknowledgment of service.
Could anyone please advise me of what to do next?? I want to defend this claim, which letters am I best sending to Bryan Carter/Lowells. I take it as it is on my credit file it is not statued barred?

Your credit file has nothing to do with staute barred status. From what you describe above, the default itself shouldn't even be there and you could ask to have it removed. If the account was sold to Lowell in 2010, it would have been already SBd and he default from 2003 should have dropped off in 2009.

If you know you haven't used that current account since 2003, I'd be inclined to simply submit a statute barred defence, the onus would then be on the claimant to PROVE it isn't. They would need to provide statements, which wouldn't even be available at this point for an account closed 11 years ago, most banks will argue they only hold data for the last 6 years.

The entry on your credit file means nothing for the purpose of the claim, although you should get it removed because it simple doesn't belong there. :thumb:

**LJB078** · 12th February 2014, 18:13:PM

Re: Claim form received from Bryan Carter/Lowell for an old LLyods Account help pleas

Hi

Thanks for your quick response, feel loads better

Should I send letters to both Bryan Carter and Lowells? Or should I just enter a statute barred defence to the court.

Thanks once again

**FlamingParrot** · 12th February 2014, 20:41:PM

Re: Claim form received from Bryan Carter/Lowell for an old LLyods Account help pleas

Originally posted by LJB078 View Post

Hi

Thanks for your quick response, feel loads better

Should I send letters to both Bryan Carter and Lowells? Or should I just enter a statute barred defence to the court.

Thanks once again

You'd normally send letters when you need to obtain documents to ascertain your position. From what you say above, this debt hasn't been paid or acknowledged in over 10 years, so you could just submit a SB defence along these lines (check dates/figures etc.):

The claimant’s claim was issued on the 11th of February 2014.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £ 504.45 or any other sum, or relief of any kind is denied.

:thumb: :thumb:

Claim form received from Bryan Carter/Lowell for an old LLyods Account help please