Court Claim - Lowell / halifax - 20-1-2015

[KnightRider]

Received a claim? Yes
Issue Date: 20-1-2015
Amount approx: 1400
Claimant: Lowell
Solicitor: bryan carter solicitors
Original Credit: halifax

Particulars of Claim:
£1156.41
£95.23 interest
Amount claimed : £1248.94
Court Fee £70.00
Solicitors cost £80.00
Total amount £1398.94

Stat Barred? No

Have sent: No

Other Info:
last contact date was 1st July 2010
I do recognise the debt.
Spoke to Bryan Carters today, Said I would defo get a ccj if i did not pay in full or paid £234.00 a month

[nemesis45]

Re: Court Claim - Lowell / halifax - 20-1-2015

Hi, please do not phone Carter it's dangerous he'll claim you have acknowledged the debt.
Carter has to get a judgement first
So a CPR31.14 request to Carter for copies of the documents mention in the POC (Particulars of Claim) there is no fee for this, use the template from the forum library)
Next a CCA request for a copy of the agreement and a current statement of the account. (£1 statutory fee to pay, use a Postal order or cheque endorsed for statutory fee only) Lowell have 12 + 2 Working Days to comply. template in the library).

Now some history of the alleged debt please.

What type of account is this?
When was it opened?
When was it defaulted?
The date of the last payment?
Does it show on credit files?

Please post a copy of the claim form here after removing your name/address and the claim number.

Remember Carter has not proved you owe the debt and please keep everything in writing when dealing with Carter and Lowell.

nem

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello,

Thank you for your quick reply.... I have already called them and acknowledged my debt... unfortunately I only opened the letter today, panicked and called them.
It was a loan account opened 1/10/2003
defaulted 07/07/2006 (date of last standing order)
The date of last payment was 19/05/2011 for £10.00
Spoke to Halifax who confirmed it was not showing on my credit file on 30/01/2015.
The man i spoke to on the phone has given me until Wednesday to accept a monthly payment of £234.00 for 6 months and a extra 5 days before they apply the ccj.
I will post a copy of the claim form as soon as I get to my scanner.
Could I still request CPR31.14 to Carter for copies of the documents mention in the POC (Particulars of Claim) as I have acknowledged the claim over the phone?
Sorry I am totally lost as I never had to deal with courts before.
Many Thanks

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello again,

I am trying to send an the attachment but as soon as i close the legal beagles windows the attachment does not load any ideas to what I am doing wrong... not good with computers either.


sorry it done lol

[ostell]

Re: Court Claim - Lowell / halifax - 20-1-2015

I believe that a telephone call is insufficient to acknowledge a debt. Others will be along to confirm (or deny) this.

Written communication from now on. You will be writing to them shortly to deny any debt to them and if it were valid then it would, in any case, be statute barred.

Wait for other comments.

[nemesis45]

Re: Court Claim - Lowell / halifax - 20-1-2015

Carter will twist and verbal contact!

[eroberts123]

Re: Court Claim - Lowell / halifax - 20-1-2015

he made payment in 2011 so cannot be statute barred, the best defence is the CCA request as they have to supply an actual copy of the original to be able to attain any judgment, which from an account opened in 2003 I'd say there is a good chance one doesn't exist.

A Nemesis advised send Lowell the CCA request + £1 PO (made out to Lowell) and Carters the CPR 31.14 request and don't enter into any further dialogue with them for now. If they cannot supply the CCA then they cannot attain a CCJ against you, it has to be original too not a recon version.

[ostell]

Re: Court Claim - Lowell / halifax - 20-1-2015

he made payment in 2011 so cannot be statute barred, the best defence is the CCA request as they have to supply an actual copy of the original to be able to attain any judgment, which from an account opened in 2003 I'd say there is a good chance one doesn't exist.

Missed that. Does he remember making that one off payment or is it one that has appeared on the account?

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

Missed that. Does he remember making that one off payment or is it one that has appeared on the account?

She (lol) does remember making a payment of £35.00 on the 1st July 2010, the £10.00 19th May 2011 appears on the statement.
I recently done a SARs on my halifax account and they did send me the the original loan agreement, so my guess would be Lowell's will have one too.
They problem I have is there is no way I can pay the amount the requesting to stop the ccj...
Do I fill and send the claim form back as requested?

[nemesis45]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello,

Thank you for your quick reply.... I have already called them and acknowledged my debt... unfortunately I only opened the letter today, panicked and called them.
It was a loan account opened 1/10/2003
defaulted 07/07/2006 (date of last standing order)
The date of last payment was 19/05/2011 for £10.00
Spoke to Halifax who confirmed it was not showing on my credit file on 30/01/2015.
The man i spoke to on the phone has given me until Wednesday to accept a monthly payment of £234.00 for 6 months and a extra 5 days before they apply the ccj.
I will post a copy of the claim form as soon as I get to my scanner.
Could I still request CPR31.14 to Carter for copies of the documents mention in the POC (Particulars of Claim) as I have acknowledged the claim over the phone?
Sorry I am totally lost as I never had to deal with courts before.
Many Thanks

There is a significant point to this: Account Defaulted 07/07/2006, SO The Limitation Act !980 states that no action should be started ( on debts under simple contract) once 6 years has elapsed since the cause of action!!

Thus this claim is out of time (since July 2013.
Carter know this full well and this explains his " hurry up, pay up" stance


Dear Mr farter,

Ref: County Court Claim No xxxxxxxxx , your client Lowell original creditor Halifax.

Having carefully checked the details of the alleged debt I am now aware that this is statute barred under the provisions of the Limitations Act 1980, as more than 6 years have elapsed since the cause of action i.e. the default date xxxxxxxxxxx
You need to check the actual default date before sending this, check credit reference files Noddle is free online, but if it's not on your file as Halifax said you can send the letter by signed for post.

nem

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

There is a significant point to this: Account Defaulted 07/07/2006, SO The Limitation Act !980 states that no action should be started ( on debts under simple contract) once 6 years has elapsed since the cause of action!!

Thus this claim is out of time (since July 2013.
Carter know this full well and this explains his " hurry up, pay up" stance


Dear Mr farter,

Ref: County Court Claim No xxxxxxxxx , your client Lowell original creditor Halifax.

Having carefully checked the details of the alleged debt I am now aware that this is statute barred under the provisions of the Limitations Act 1980, as more than 6 years have elapsed since the cause of action i.e. the default date xxxxxxxxxxx
You need to check the actual default date before sending this, check credit reference files Noddle is free online, but if it's not on your file as Halifax said you can send the letter by signed for post.

nem

Thank you Nem,
Sorry once again just to make sure I am on the same page, I write back to Bryan Carter (farter lol) and do I ignore the claim form... its looks scary..

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello,

just been on noddle... there no account for the halifax loan in open or closed . What is SB, if it does not show up on my credit file does that mean it is SB?

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

There is a significant point to this: Account Defaulted 07/07/2006, SO The Limitation Act !980 states that no action should be started ( on debts under simple contract) once 6 years has elapsed since the cause of action!!

Thus this claim is out of time (since July 2013.
Carter know this full well and this explains his " hurry up, pay up" stance


Dear Mr farter,

Ref: County Court Claim No xxxxxxxxx , your client Lowell original creditor Halifax.

Having carefully checked the details of the alleged debt I am now aware that this is statute barred under the provisions of the Limitations Act 1980, as more than 6 years have elapsed since the cause of action i.e. the default date xxxxxxxxxxx
You need to check the actual default date before sending this, check credit reference files Noddle is free online, but if it's not on your file as Halifax said you can send the letter by signed for post.

nem

Do I need to fill in the claim form if i think its sb

[nemesis45]

Re: Court Claim - Lowell / halifax - 20-1-2015

Yes all documents must be completed,
The fact it's not on the credit file means it was defaulted more than six years ago so it looks like the claim is out of time.
More than 6 years have elapsed since the cause of action Section 5 Limitations Act 1980.
e-mail the letter to Carter.

nem

[KnightRider]

Re: Court Claim - Lowell / halifax - 20-1-2015

hello,

i am trying acknowledge the claim on moneyclaim.gov.org, its asking me on page 3 if in intend to defend all or part of the claim?
i was under the impression at this stage i only want to acknowledge the claim .....anyone has any ideas to what i am doing wrong?