Lowell - notice of allocation to small claims track (statute barred)

[Forest5]

Hi,

My partner has had trouble with Lowell for years, she has received threatening letters and finally a court letter arrived and she filed her defense as per the statute barredtemplate defense from other threads.

They have come back saying as above, notice of allocation to small claims track so seem persistent. She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account but because they are pushing it is worried she has it worng. She tried to call Lloyds a few weeks ago to ask when the last payment was made but they said it had been passed over and they couldn't give her the answer, is this correct?

We have checked her credit report and nothing shows for Lloyds however it does show her defaulting to Lowells for the past 18-24 months. Are they allowed to do this? It appears they have just started a fresh record on her file from a start date that they have made up.

So, she is now in a position where she needs to reply to the notice of allocation to small claims track questionaire but doesn't know what to put. We are both confused to agreeing when she has already defended it as statute barred. From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof?

Any help on this issue is hugely appreciated. The form has to be sent back by 11th August however the letter was only received this morning and we go away Weds afternoon so wanted to submit before then.

Thanks

Forest5

[FlamingParrot]

Re: Lowell - notice of allocation to small claims track (statute barred)

My partner has had trouble with Lowell for years, she has received threatening letters and finally a court letter arrived and she filed her defense as per the statute barred template defense from other threads.

They have come back saying as above, notice of allocation to small claims track so seem persistent. She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account

Is this for a current account overdraft?

but because they are pushing it is worried she has it worng. She tried to call Lloyds a few weeks ago to ask when the last payment was made but they said it had been passed over and they couldn't give her the answer, is this correct?

Lowell probably don't know what the last payment date was either, and they are just shooting in the dark. Their reluctance to answer the question would seem to point in that direction. Regardless what they may say over the phone, when this goes to court they will need to supply PROOF of payments made in the past 6 years.

We have checked her credit report and nothing shows for Lloyds however it does show her defaulting to Lowells for the past 18-24 months. Are they allowed to do this? It appears they have just started a fresh record on her file from a start date that they have made up.

No, they shouldn't start a fresh record, but Lowell are well known for doing exactly that when they buy debts. You need to write to them requesting removal of the incorrect entry. If that fails, you can complain to the ICO. However, none of this will affect the SBd status of the debt, CRA entries don't reset the clock. :nono:

So, she is now in a position where she needs to reply to the notice of allocation to small claims track questionaire but doesn't know what to put. We are both confused to agreeing when she has already defended it as statute barred. From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof?

Lowell would have told the court they wanted to proceed and the court made a provisional allocation based on the amount claimed. The allocation questionnaire is fairly straightforward. If the debt is SBd, I would be inclined to say 'No' to settlement/mediation. The case will be transferred to your local court and there's no reason to object to the small claims track since a SBd defence is straightforward and will require no experts or further witnesses. Most claims below £10k are allocated to small claims. Other than that, it's just question of noting any dates she wouldn't be available to attend court, for example if she'd got a holiday booked. :thumb:

Any help on this issue is hugely appreciated.The form has to be sent back by 11th August however the letter was only received this morning and we go away Weds afternoon so wanted to submit before then.

Do post up if you've got any other questions. :typing:

[Forest5]

Re: Lowell - notice of allocation to small claims track (statute barred)

Thank you for the details response, massively appreciated.

It's for a loan that she took out (in her name) with a previous partner back in 2004.

Can we start the process of getting it removed from her credit report whilst the small claim continues?

So Lowell are likely to just continue with it until they realise they have no proof and then call it off I assume? She's having doubts because they continue to push but the fact Lloyds don't appear on her credit file would point that no payment has been made for 6 years would it not?

Thanks again.

[FlamingParrot]

Re: Lowell - notice of allocation to small claims track (statute barred)

Thank you for the details response, massively appreciated.

It's for a loan that she took out (in her name) with a previous partner back in 2004.

That's good news, overdrafts can be a little trickier, since there are no set payment dates,

Can we start the process of getting it removed from her credit report whilst the small claim continues?

Yes, you could. There's no reason a fresh default should have been recorded, other that it being Lowell... :mad2:

So Lowell are likely to just continue with it until they realise they have no proof and then call it off I assume? She's having doubts because they continue to push but the fact Lloyds don't appear on her credit file would point that no payment has been made for 6 years would it not?

Not necessarily. In many cases, people default on their contractual payments, then make reduced or token payments, or enter into a DMP, etc. However, if this wasn't the case, then yes, it would be SBd. :thumb:

[Forest5]

Re: Lowell - notice of allocation to small claims track (statute barred)

Thank you for all your help, I saw on another thread you suggested someone send a something 18?? To request when the last payment was made.

Should she just ignore this at this stage as assuming it goes any further they will have to provide proof anyway?

[Forest5]

Re: Lowell - notice of allocation to small claims track (statute barred)

Sorry, is there a template for contacting lowell regarding the default on her credit file?

[FlamingParrot]

Re: Lowell - notice of allocation to small claims track (statute barred)

Has she got anything that would show when the account was defaulted, for example, letters, statements, etc.? I realise the answer may be no because it's been a while, but you never know what lurks in the shadows...

[Forest5]

Re: Lowell - notice of allocation to small claims track (statute barred)

No the account has been passed between Lowells, fredrickson and a whole host of other DCA's. Thanks again for the responses, I will get her to fill the form out and send it recorded tomorrow. Do we need to send a copy to Bryan Carter? I have previously read you shouldn't sign anything but obviously she has to sign this legal document?