What do I do?

[UpsyDaisy]

Hi and thanks for adding me to the forum. I found this forum via MSE

I have received a summons from Lowell for under £1000 but have no idea if it is valid or not. I have therefore lodged a complete defense to their claim.

Lowells claim to have bought the account in January 2009 which is five years and ten months. That alone stinks as it would mean that the bank account was sold on to Lowells when just two months into the red or am I reading that wrong? It looks to me that their claim could have been fiddled to keep it inside the six years. The last I heard about this account was in 2005 at the very latest and am pretty sure it was only a fraction of the claimed amount.

Lowells have ignored my request to issue any paperwork such as a copy of the original agreement, default notice(s) and bank statements for what the money was supposed to have been spent on so I have no idea if their claim is genuine or pumped up.

Questions. How do I find out if the claim is statute barred? Would Lowells claims to have written to me count as unbarring the claim?
How do I apply for a trike out and what reasons do I give for requesting it?
I am on Pension Credit, do I have to pay a court for requesting a strike out? What form would I use for this?
If it goes against me can I make an offer for a full and final settlement, and if so would I make this to the court, Lowells or Capital One?
What sort of percentage of the claimed amount should I offer? Can I pay Capital One rather than these leeches?

[Kati]

Re: What do I do?

I have received a summons from Lowell for under £1000 but have no idea if it is valid or not. I have therefore lodged a complete defense to their claim.

- so you have acknowledged the claim and stated you will defend in full? :thumb:

Lowells claim to have bought the account in January 2009 which is five years and ten months. That alone stinks as it would mean that the bank account was sold on to Lowells when just two months into the red or am I reading that wrong?

- do you know what account they are talking about? Can you post up their letter (personal details removed)?

It looks to me that their claim could have been fiddled to keep it inside the six years. The last I heard about this account was in 2005 at the very latest and am pretty sure it was only a fraction of the claimed amount.

- I wonder what 'charges' have been added so far

Lowells have ignored my request to issue any paperwork such as a copy of the original agreement, default notice(s) and bank statements for what the money was supposed to have been spent on so I have no idea if their claim is genuine or pumped up.

- you sent off CCA and CPR requests? It is my understanding that they cannot enforce a claim without the original documentation (although I might be wrong - I'm sure one of the knowledgeable Beagles will correct me if I am wrong tho' )

How do I find out if the claim is statute barred? Would Lowells claims to have written to me count as unbarring the claim?

- if YOU have not paid towards or acknowledged the claim in any way during the last six years, it would be statute barred, Lowells writing to you would make no difference It would be (I believe) up to Lowells to prove otherwise

It would help if you could give us as much detail as you can to allow the Beagles to advise you ...

Kati x

[UpsyDaisy]

Re: What do I do?

Thanks for the reply Kati. What is the maximum file size I can upload? At present the scan is 2Meg which I suspect will be too big.

[UpsyDaisy]

Re: What do I do?

Hopefully this will work

[Kati]

Re: What do I do?

Thanks for the reply Kati. What is the maximum file size I can upload? At present the scan is 2Meg which I suspect will be too big.

Sorry ... I didn't see this
You managed OK tho
K xx

[UpsyDaisy]

Re: What do I do?

Right, it seems that I have jumped the gun as when I acknowledged service I also filled in the defence part stating that as BRyan Carter had not sent me any default notices or copies of original contract that I couldn't comment. I don't know if it is possible to retract a defence or amend it and start again?

It seems that I now have to send both Bryan Carter and Lowells a recorded letter making a cpr31.14 request to get both copies of both the original contract and the claimed default notice(s) which should (hopefully) confirm that the matter is statute barred and THAT will be my defence.

Is this correct Kati?.

[Kati]

Re: What do I do?

Right, it seems that I have jumped the gun as when I acknowledged service I also filled in the defence part stating that as BRyan Carter had not sent me any default notices or copies of original contract that I couldn't comment. I don't know if it is possible to retract a defence or amend it and start again?

It seems that I now have to send both Bryan Carter and Lowells a recorded letter making a cpr31.14 request to get both copies of both the original contract and the claimed default notice(s) which should (hopefully) confirm that the matter is statute barred and THAT will be my defence.

Is this correct Kati?.

Have a look at the BASIC FIRST STEPS

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Lowells have ignored my request to issue any paperwork such as a copy of the original agreement, default notice(s) and bank statements for what the money was supposed to have been spent on so I have no idea if their claim is genuine or pumped up.

Have you any idea what debt they are chasing?

I believe that you might have a chance to amend your defence (if necessary) before the court case - although I think you will have to apply to the court in order to do this.
Your actual 'defence' doesn't need to be in for 33 days after the date of issue:

From Thursday, 23 October 2014
Added 33 days
Result: Tuesday, 25 November 2014

so that will give other knowledgeable Beagles a chance to have a look at your thread and advise as required over the next week or so ...

If you could type up a CPR etc... and post them up on here, someone will be more than willing to have a read through and help you to amend them if needed

K x

[Kafka]

Re: What do I do?

Hi and thanks for adding me to the forum. I found this forum via MSE

I have received a summons from Lowell for under £1000 but have no idea if it is valid or not. I have therefore lodged a complete defense to their claim.

Lowells claim to have bought the account in January 2009 which is five years and ten months. That alone stinks as it would mean that the bank account was sold on to Lowells when just two months into the red or am I reading that wrong? It looks to me that their claim could have been fiddled to keep it inside the six years. The last I heard about this account was in 2005 at the very latest and am pretty sure it was only a fraction of the claimed amount.

Lowells have ignored my request to issue any paperwork such as a copy of the original agreement, default notice(s) and bank statements for what the money was supposed to have been spent on so I have no idea if their claim is genuine or pumped up.

Questions. How do I find out if the claim is statute barred? Would Lowells claims to have written to me count as unbarring the claim?
How do I apply for a trike out and what reasons do I give for requesting it?
I am on Pension Credit, do I have to pay a court for requesting a strike out? What form would I use for this?
If it goes against me can I make an offer for a full and final settlement, and if so would I make this to the court, Lowells or Capital One?
What sort of percentage of the claimed amount should I offer? Can I pay Capital One rather than these leeches?

When you say they ignored your requests what did you send them, when, and what did they say? We must have all the details to give the right advice.

The period since assignment is almost 5 yrs 10 mths, so Lowell have filed this claim to get it in before 6 years expires. Whether its statute barred depends on when you last paid anything or formally acknowledged any debt. Are you sure that it was around 2005 when either of those last happened? If that's the case then that will be the main part of your defence.

Capital One haven't owned the account for almost 6 years so there's no point dealing with them over this.

[UpsyDaisy]

Re: What do I do?

I am almost certain that it was way before 2006 that any payments were made. The defence I jumped at was because I had previously been getting letters from debt collectors asking me to pay for cards that were most certainly before 2005 and assumed it was tied up with that (I get confused easily) which it isn't. Here is what I put in the 'defence' part: which I need to either retract or amend. Will I need to issue an N244 to do this? I claim Pension Credit so it shouldn't invoke any costs.-

Wrongly entered on MCOL form:-

Despite repeated requests from no end of debt collectors I have
received no paperwork whatsoever to support this alleged debt.
There is also nothing whatsoever on my credit record(s) to show
that any debts are owed.

If the claimant issues ALL of the paperwork that has been
requested then I will look at the matter but I don't think that I
have any unaccounted for debts.

[UpsyDaisy]

Re: What do I do?

I called MCOL today by phone and explained that this is the first time I have used their online service and have made a pigs ear of it. The guy (nice and helpful) said he can't remove the 'defence' but that once the claim was allocated I could then fill in an N244 to amend what I have typed and that should be ok'd by the judge. As I am claiming Pension Credit he agreed that there shouldn't be any fee.

[UpsyDaisy]

Re: What do I do?

The period since assignment is almost 5 yrs 2 mths,

Can you confirm this for me please? I make it 5 years 10 months if Lowells got it in January 2009.

[Kati]

Re: What do I do?

Can you confirm this for me please? I make it 5 years 10 months if Lowells got it in January 2009.

Using 31st Jan 2009 as the latest date they could have got the account, it would be 5yrs, 8mths and 28 days up to today :tinysmile_twink_t2:
http://www.timeanddate.com/date/dura...&y2=2014&ti=on

From and including: Saturday, 31 January 2009
To and including: Monday, 27 October 2014

Result: 2096 days
It is 2096 days from the start date to the end date, end date included
Or 5 years, 8 months, 28 days including the end date

so it's got to be at least that long if your records are right

[UpsyDaisy]

Re: What do I do?

Thanks. Yes Lowells claim they were assigned the account on 1 Jan 2009. I Find it hard to believe that an account would be sold on with just two missed payments so it has to be statute barred (hopefully) Anyway requests for all paperwork under CPR31.14 was sent off today.

I'm trying to print off exempation from fees form EX160A to enable me to modify the defence but for some reason these forms won't print off. That one looks a whole heap of fun to fill in.

[Kati]

Re: What do I do?

Thanks. Yes Lowells claim they were assigned the account on 1 Jan 2009. I Find it hard to believe that an account would be sold on with just two missed payments so it has to be statute barred (hopefully) Anyway requests for all paperwork under CPR31.14 was sent off today.

I'm trying to print off exempation from fees form EX160A to enable me to modify the defence but for some reason these forms won't print off. That one looks a whole heap of fun to fill in.

using the same page in my last post, that means Lowells have had it for 5 years, 9 months, 27 days - if you had missed two payments when they got it, I believe that you would be almost at the SB date by now! (have you ever paid or acknowledged it since you missed the payments?)

[Kafka]

Re: What do I do?

It looks as if this will be statute barred and that will be your chief point in the revised defence.

You may also be able to challenge them on paperwork and processes, but we still need answers to my earlier questions.

"When you say they ignored your requests what did you send them, when, and what did they say? We must have all the details to give the right advice."