Lowell, Carter LLoyds

[MK104]

Hello,
I’ve had a good read of many forum posts but I’m still lost. My partner took out a loan from Lloyds around 13 years ago to start a gardening business. Things went well for a few years but then we had a very wet summer and he was also taken ill. He missed payments on the loan and the debt got passed to a collection agency. As he was not working at the time they accepted a monthly payment plan where they would send us a book of payment slips and I would post a cheque off each month. I paid about £500 off a £2500 loan but then the payment slips stopped arriving and I just forgot about it. Years passed with no contact but then a different collection agency contacted us and I started paying monthly again. But once again contact stopped until late last year when we got letters from Lowell and the Bryan Carter. I unfortunately ignored these as I thought it was someone trying it on.

That is the back story now to what has happened this year. On the 21-01-14 he got a claim form from Northampton County Court with the claimant being Lowell. The debt had been bought on 24-06-13. He filled in Money Claim Online form 24-01-14 by saying he thought the debt was statute barred (I'm not sure it is). This was received 27-01-14.

Two more letters came from Carter on the 4^th of February, one saying they want to settle, another saying they want to proceed with the claim. He sent a statute barred letter out on the 6-2-14 getting a reply saying he had made a payment on 19^th February 2010. With this letter he was offered a Tomlin Order to be signed before 19^th March. He then got a letter from the court, Notice of proposed allocation to the small claims track, 11-02-14. This did not have his name on the questionnaire (To be completed by….) so he did not fill that in.
The final letter from Carter was on the 25^th February with the Claimant’s directions questionnaire which says they still would like to settle but they have also paid £40 to take it to court.

Money Claim online has the last contact as his defence received 27-01. We are completely lost and I’m sure we have made many mistakes. Should I have already sent a CCA letter out? If someone could give us some advice that would be gratefully received, even pointing out where we have gone wrong.


Many thanks

(Sorry if this is all over the place. It’s very late but I can’t sleep.)

[NotPaying]

Re: Lowell, Carter LLoyds

With an offer of a Tomlin Order to be signed before 19^th March there may not be anything happening before then so send a CCA letter out.
The payment on 19^th February 2010 could be a phantom payment ie one made up by them.
More expert help should be available in the morning. myself off to bed now.

[MK104]

Re: Lowell, Carter LLoyds

Thanks for the quick response. I am away to work now so I will be unable to respond to any advice until this afternoon.

Thank you

[Amethyst]

Re: Lowell, Carter LLoyds

Doesn't sound too bad You do need to return the directions questionnaire though.

Before Feb 2010 do you or OH recall when last payment was made? It sounds like it'll be this one ''Years passed with no contact but then a different collection agency contacted us and I started paying monthly again. '' so if you can suss when that was and when payments stopped - presumably you think this was sometime in 2007 or earlier if you entered a defence of stat barred.

It will be down to the claimants to evidence the 19th Feb 2010 payment - did they give any other detail on that ? That they have told you that in the same breath as sending a Tomlin order says to me that they aren't very confident of this.

So send the directions questionnaire to the court (if you need help with it shout) and send a CCA request to the Claimants (registered delivery if poss), and if you can pop up the relevant bit of their letter about the 19th Feb payment and tomlin order that might be helpful as well.

Don't worry you sound like you've got Bryan Carter on the back foot a bit.

Sharon
xx

[MK104]

Re: Lowell, Carter LLoyds

Thanks for the help
I've just sent the directions questionnaire back to the court.
I will send a CCA recorded this afternoon.
There are no further transactions on Money Claim Online, the last entry is my defence received 27th January. Does this have any bearing?
I am waiting to get to my bank as I can't tell online where or when the last payment was made.
The letter with the Tomlin offer goes as followed:

Thank you for your letter of 6 February 2014 (this was my statute barred letter.
We confirm the last payment in relation to this account was received by our client on 19 February 2010 in the sum of £20.00, therefore the account is not statute barred.
In an attempt to settle this matter out of court and avoid either party incurring further costs, we confirm our client is prepared to settle this matter by way of Tomlin Order which is a form of Consent Order. We enclose a Tomlin Order for your consideration.
The Tomlin order provides for you to pay the outstanding balance of £2186.04, by way of monthly instalments. We should be grateful if you can insert a monthly instalment amount which is reasonable for yourself and our client.
Please sign and return the enclosed Tomlin Order by 19 March 2014. Please note that should you accept our client's offer as per the terms of the Tomlin Orders the Claimant will not enter Judgement provided the arrangement is maintained.
You should only sign and return the Tomlin Order if you understand its terms and agree them. The Tomlin Order is necessary to advise the Court as to how the parties wish to proceed. Please note the Tomlin Order includes a £45.00 fee of lodging the Tomlin Order with the Court.

I work full time neither of us have any thing against our credit rating. This debt would have been paid but the debt got passed around so many times he couldn't keep up with who was claiming they owned the debt.

Once again thanks

[Amethyst]

Re: Lowell, Carter LLoyds

Ok could you type the points from the tomlin order, particularly regards stay the case / enter a CCJ parts please.

Do you have ANY recollection of paying £20 in Feb 2010 - do you recall which DCA the debt was with at that time? Do you have bank records/statements from that time?

The debt was only bought by Lowell on 24-06-13 (as per the particulars of claim) so THEY can't have received a payment in Feb 2010. You could respond to their letter turning down the Tomlin as it stands and ask they send you a full statement of the account to show all payments made since December 2007 so you can check your records.

(I'd still stick with your stat barred defence so far as this letter does sound a bit desperate - fill in your own amount etc etc)