Court Claim - Lowell / Lloyds - 11-8-2014

[Unregistered]

Received a claim? Yes
Issue Date: 11-8-2014
Amount approx: £4500
Claimant: Lowell
Solicitor: BW Legal
Original Credit: Lloyds

Particulars of Claim:
The claimant's claim is for the sum of 4635.74 being monies due from the defendant to the claimant under a FSA agreement regulated by the CCA 1974 between the defendant and LLoyds TSB

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
This claim has been issued after a statutory demand was set aside as Lowell were unable to provide any CCA evidence. The debt is also statute barred.

[Tim's Mum]

Re: Court Claim - Lowell / Lloyds - 11-8-2014

I posted the above and am now registered on the site.

[Kati]

Re: Court Claim - Lowell / Lloyds - 11-8-2014

Hi Tim's Mum I'm sure one of our clever Beagles will be along to advise you soon!!!

Welcome to LB.

Kati

[Tim's Mum]

Re: Court Claim - Lowell / Lloyds - 11-8-2014

Oops - duplicate post. Sorry, sure I will get the hang of this eventually...

[skilganon]

Re: Court Claim - Lowell / Lloyds - 11-8-2014

Hi tims mum,

the thing that stands out, to me, from your original post, is that you have stated that this debt is statute barred ?

when was the last time any payments were made towards this debt, or this debt was acknowledged in any way ?

[Tim's Mum]

Re: Court Claim - Lowell / Lloyds - 11-8-2014

This was having payments made via a VA until around June/July 2008. I think the payments to the VA stopped earlier but they used to pass them on slightly later to our creditors. I am sure no payments were made later than July 2008. Lowell were also unable to provide any response to my request under the CCA, and withdrew their Stat Demand on the same basis.
They settled with the very lovely Kate @ Howlett Clarke and then a month or so later sent me a letter saying they were almost 'doing me a favour' by deciding not to proceed, but that didn't mean I did not need to pay. That letter, (dated 1st Aug) gave me 14 days to offer my repayment proposals before they started court action. That letter arrived on 8th August and claim arrived a few days later dated 11th Aug.

[skilganon]

Re: Court Claim - Lowell / Lloyds - 11-8-2014

i am not too sure on this being statute barred , the last payment may have been july 2008, which would mean that the next payment due would therefore be august 2008.

by that reasoning, the date on which you missed your last payment would be the starting point for this becoming statute barred which could possibly be a date in august

this may be the reason that lowell have rushed through a claim just prior to this being statute barred.

in my opinion i would send lowell a CPR 31 request for documents, asap, and start to prepare your defence.

maybe you have paperwork regarding the SD that will help you ?

other more experienced members may be able to offer you more assistance regarding this, if they could not provide documents before then they may still not be able to provide them