Lowell Portfolio 1 LTD v Ginny

[ginny]

Hi there, I have received a County Court claim form from Northampton County Court Business centre re: Lowell Portfolio for a Debt i have been in dispute with LLoyds TSB from a few years ago,

This is a credit card debt that has lots of interest and charges added to it, and following advice from "penalty charges" forum years ago, I started making requests for a signed credit agreement. Because I KNOW there is not one and i believe they can not charge me all the charges without one.

I started making these requests in 2009, I received a reply from LLoyds Tsb on 1-12-2009 regarding a CCA But without the signed agreement or a detailed list of transactions and charges.

I requested a "Data Protection Act disclosure request" by recorded delivery in July 2010 again with None of the items requested being sent me.

I have periodical requests from other companies regarding this Debt but when asked for the signed credit agreement they disappeared.

I now have received a County Court Claim from "County court business centre" Northampton. Dated 26-1-15. The debt now is nearly 7000. it was at only 4000 when i started questioning them.

I Have been looking on here and learned a LOT.

I have sent of a SAR and a CCA to Lowells
I have sent a CPR to BW legal(lowells Solicitors)

I am now about to send of the Acknowledgement of service Form to the court but I am unsure which box to Tick ?

Options
1 I intend to defend all of the claim
2 I intend to defend part of this claim
3 I intend to contest jurisdiction

Not sure what the third one means ?

ANY advice would be helpful on when to send off the defence and what to put ?

Many Thanks Ginny

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

Defend all.
Jurisdiction e.g. Courts/Laws of England & Wales or Scottish Law.
What type of account is this?
A CCA Request is specifically for an agreement and a current statement of the account.
CPR 31.14 is specifically for documents mentioned in the Particulars of Claim.
Sending a SAR to Lowell is a waste of £10 they will have minimal data only from the time they acquired the debt.
A SAR should go to the Original Creditor.
You are unlikely to be sent an agreement with a SAR as it is no specific obligation to do so.

When was the account opened, when close, what is the default date.
Does it show on credit reference files/

nem

[Alfa1steve]

Re: Lowell Portfolio 1 LTD v Ginny

Hi Ginny

If you are intend to defend all of the claim i.e. you believe that you should not pay anything for what ever reason such as breach of s78(1) of the consumer credit act 1978 then its option 1.

If you intend to defend part of this claim i.e , you will pay the £4000 but not the inflated amount of £7000 for what ever reason such as unfair charges.

If you intend to contest courts jurisdiction i.e just that if you don't believe that an English court has jurisdiction to rule on the case.

It sounds as if you have done everything you need to do at the moment.

acknowledge the claim
sent CCA request
request docs under cpr 31.14

Keep records of everything you post by recorded delivery. postal order numbers etc

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

A SAR should go to the Original Creditor.
You are unlikely to be sent an agreement with a SAR as it is no specific obligation to do so.

When was the account opened, when close, what is the default date.
Does it show on credit reference files/

nem

Already sent Sar to original credit card provider about 5 years ago which was Lloyds but they didn't send me original signed credit agreement just updated credit agreement..I didn't get statements as requested either!
Not sure when account was opened but at least 10/20 years ago.The default notice was sent on 02/02/2010 from Lloyds tsb and as yet I have never looked on credit reference files! Do I have to pay to look at these files and where do I go to look at these please. Do I tick defend all on the Acknowledgment notice on the grounds that I have never had a signed credit agreement or been supplied with the all my copy statements as requested.

This is so stressful I can't sleep but thanks for your help Nem I am very grateful!!

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Does not having a signed credit agreement count as a breach of s78(1) Alfa1steve ? Thanks I've keep copy's of everything incuding postal orders to:tinysmile_twink_t2:.

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

Lowell will have to come up with an original agreement on debt this old.
A default notice is not an actual default place on the date of the DN.
Did you at any time enter in to any payment arrangement with Lloyds or a DCA?
Acknowledge ALL
Can you please either post a copy of the claim form here after removing your name address and the claim No. or type it in?

Credit Files: Noddle from CallCredit is free online always.
Equifax and Experian (Credit Expert) have 30 day free trials, just cancel within the 30 day period.
Above all don't stress about this there is a wealth of help on LB>

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Lowell will have to come up with an original agreement on debt this old.
A default notice is not an actual default place on the date of the DN.
Did you at any time enter in to any payment arrangement with Lloyds or a DCA?
Acknowledge ALL

Above all don't stress about this there is a wealth of help on LB>

Thanks for the reply Nem I have never entered into a payment arrangement with Lloyds or a DCA
Not sure what you mean by A default notice is not an actual default place on the date of the DN :tinysmile_hmm_t2:





I will get my husband to help me scan in the copy of claim asap!

I also presume you mean I should Acknowledge claim and tick 1. I intend to defend all of this claim..............is that correct?

Going on noodle now thanks for your time and help once more

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

Thanks for the reply Nem I have never entered into a payment arrangement with Lloyds or a DCA
Not sure what you mean by A default notice is not an actual default place on the date of the DN :tinysmile_hmm_t2: **** A DN is a notice of intention to register a default on the account IF the requirements set down in the DN are not satisfied, the actual default may be placed up to 6 months later****





I will get my husband to help me scan in the copy of claim asap!

I also presume you mean I should Acknowledge claim and tick 1. I intend to defend all of this claim..............is that correct?*****YES*****

Going on noodle now thanks for your time and help once more

OK

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Hi there Nemesis,

Sorry for the delay.
Please find attached a copy of the Claim Form.

I also have attached the reply i received of them today. But as you can probably see NO reply to the CPR sent 9 days ago. Just a copy of the assignment they sent in 2013.

Any Advice on the best DEFENCE to work on ???

Many Thanks Ginny

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Can you please either post a copy of the claim form here after removing your name address and the claim No. or type it in?
LB>

Is this what you wanted Nemesis45 ?

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

Yes that's fine!

Why did you send the SAR to Lowell, the data held will be minimal as they say in their letter, the SAR should go to the original creditor.

A " Default Notice " is only a notification of what will happen if the default in not remedied e.g. paying the arrears within the time scale
allowed, this can be up to 6 months after the date on the DN.
Have you checked credit files yet (Noddle is free online).

Claim acknowledged?
Intention to defend in full?
Issue date 26/01/15.
Need to know date last payment or written acknowledgment made.
Actual Default Date (not date of default notice.

nem

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Yes that's fine!

Why did you send the SAR to Lowell, the data held will be minimal as they say in their letter, the SAR should go to the original creditor.

A " Default Notice " is only a notification of what will happen if the default in not remedied e.g. paying the arrears within the time scale
allowed, this can be up to 6 months after the date on the DN.
Have you checked credit files yet (Noddle is free online).

Claim acknowledged?
Intention to defend in full?
Issue date 26/01/15.
Need to know date last payment or written acknowledgment made.
Actual Default Date (not date of default notice.

nem

I sent the SAR to Lowell because I thought that's what I should do since they are the one that has bought the debt and I have sent one to the Original Creditor over 6 years ago for which I didn't get a signed credit agreement just a copy of an original agreement which had been updated with current financial profile of my supposed account!

I have Acknowledged Claim with intention to defend in full which the defence really needs to be sent in today before my time runs out.issue date was the 26/01/2015.

Lowells state the default date is 2 June 2010

Last payment date as fair as I am aware is 26/06/2009 but without the statements etc I requested in the SAR to them that's my last recollection.

Tried to do credit check on Noodle but it couldn't give me any information but I will try now with a different card.

Also received a letter in the post in reply to the CPR I sent to Lowells's solicitors BW Legal it isn't the information I requested to submit my defence just a letter saying they had received instruction from their client and the file has been placed on hold whilst their client investigates my dispute..

Does their not complying with the CPR request within the 7 days mean they can't persue the claim any longer also they do not have the signed credit agreement.

Thanks Ginny

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

Ginny, when was the account opened please?
CPR 31.14 non compliance does not affect the status of the debt.
Non compliance with a CCA request within 12 + 2 Workings Days means the debt is unenforceable until the agreement is supplied.

nem

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

whoops

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Yes that's fine!

Why did you send the SAR to Lowell, the data held will be minimal as they say in their letter, the SAR should go to the original creditor.

A " Default Notice " is only a notification of what will happen if the default in not remedied e.g. paying the arrears within the time scale
allowed, this can be up to 6 months after the date on the DN.
Have you checked credit files yet (Noddle is free online).

Claim acknowledged?
Intention to defend in full?
Issue date 26/01/15.
Need to know date last payment or written acknowledgment made.
Actual Default Date (not date of default notice.

nem

Hi Nem I have been on Noodle and got credit report what info did you need of it please?