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Court Claim - Bryan carter/lowell portfolio/ lloyds bank

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  • Court Claim - Bryan carter/lowell portfolio/ lloyds bank

    Hi guys

    Got a similar CC Summons from Bryan Carter Solicitors on behalf of Lowell Portfolio Ltd relating to an old Lloyds TSB Account.

    My history is as follows:-

    Had Lloyds TSB bank account since 1988, In 2005 I was hurt in a car accident resulting in loss of income. Account was in OD and was eventually transferrers to LLoyds TSB debt Management Team basing in Brighton.

    Made arrangements with them to pay off debt by having my incapacity benefit paid into the account every 4 weeks, I had a cheque book only with no cards whatsoever.

    Debt reduced to £300.

    In April 2007 I obtained further benefits from DWP and was advised to have them paid into another bank account away from Lloyds TSB so I could use them rather than have then swallowed up by LTSB. Opened Natwest account and had all payments sent to them.

    Last payment made to LTSB was 25/04/2007. No further communications of ANY kind or payments made to LTSB sine then.

    Now received CC Summons as stated above for £1100. I have defended it by stating the debt is Statute Barred.

    I have written to Bryan Carter Solicitors separately refusing to acknowledge the debt and advising them IN ANY EVENT, the last payment made was 25/04/06 so it became Statued Barred 25/05/12 (thats being exactly 6 years after the first missed payment, i.e. I missed the payment due on 25/05/2006).

    They have replied that their position is that their client (Lowell Portfolio Ltd) took the debt on the 28/04/2009 and registered the default at that point and therefore the limitation runs from that date, effectively putting it within the last 6 years.

    I had no knowledge of Lowell Portfolio Ltd until this CC Summons arrived. I have never communicated with them and never paid them a penny!

    I have spoken to LTSB and I have obtained copy bank statement from them, which prove and confirm when my last payment was and that is 25/04/2006. They also confirm the debt was transferred to Lowell Portfolio Ltd on the 28/04/2009 (the date Bryan Carter says is the important date for action) is this correct, that the 6 years runs from the date Lowell Portfolio Ltd acquired the debt and registered a default, or is it the date I either ACTUAL LAST made a payment or provided Written Confirmation I acknowledged the debt existed?

    If Lowell / Bryan Carter are wrong, then what would you suggest be my next course of action?

    The CC Summons has been defended and I have completed and returned the Allocation Questionaires. I have not yet been provided with a Court Date to attend and defend this matter.

    Your advice as always would be greatfully appreciated.

    J
    Tags: None

  • #2
    Re: Court Claim - Bryan carter/lowell portfolio/ lloyds bank

    Hi @jackal ... someone will be along soon to offer advice. In the meantime, have a read through THIS THREAD to see what you can do to begin with

    Welcome to LB!
    K x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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