Lowell portfoli / Bryan Carter vs Redrach99

[Redrach99]

Hi
so yesterday 10th feb 2015 I received a county court business centre claim form ... dated feb 6th .
8 plus years ago I had a credit card with Lloyds which I fell behind with , I have not contacted them in over 6 years or Lowell .
ive followed the basic steps on here and acknowledged the claim , and have done the cca request letter and cpr31 -14 ...

In a bit of a panic and upset , do I need to do anything else yet really don't want to go to court , can hardly leave the house with my anxiety so this is really horrible . any help gratefully received x

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

oh yes checked my credit file via noddle no Lloyds on it or Lowell

[nemesis45]

Re: Lowell portfoli / Bryan Carter vs Redrach99

Hi Welcome to LB.
Please don't stress over this there is wealth of knowledge her to help you!!

Some details please:
When was the account opened?
Do you know when it was defaulted?
Do you know when the last payment was made?

It appears that this may be statute barred. i.e. In England & Wales 6 years with no payment or unequivocal written acknowledgment of the debt.

OR the debt is already Statute Barred because the action has been started more than 6 years after the account was defaulted.
Both situations are a complete defence.

nem

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

Hi Nem
I know the year I opened the account would have been 2006 before my son was born as I used it to buy a cot , then I lost the house I was living in due to a horrible landlord , by 2007 I wasn't paying anything towards my debts as I was in temporary accomadation and couldn't afford to. So it all happened in a year to 14 months. In april 2008 I moved to my new house and I haven't heard from Lloyds for years until recently , Have I done the right thing with the 2 letters , I haven't sent them off yet .

[wales01man]

Re: Lowell portfoli / Bryan Carter vs Redrach99

What are the 2 letters?

[Kati]

Re: Lowell portfoli / Bryan Carter vs Redrach99

What are the 2 letters?

CCA and CPR I think Wales

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

yes those two thank you Kati :tinysmile_grin_t:

[nemesis45]

Re: Lowell portfoli / Bryan Carter vs Redrach99

Yes the letters are fine.

It would give us some help if you could check your credit reference files (Noddle is free online) check the default date on the entry.

nem

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

I don't have any default date for Lloyds absolutely nothing on my file regarding Lloyds or Lowell ?

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

I have to go and sort my children out now so wont be back on until tomorrow , the only thing on my file is my credit card which is up to date and searches done for insurance , ive double checked and nothing regarding Lloyds , I will be back tomorrow morning thank you for your patience with me

[nemesis45]

Re: Lowell portfoli / Bryan Carter vs Redrach99

I have to go and sort my children out now so wont be back on until tomorrow , the only thing on my file is my credit card which is up to date and searches done for insurance , ive double checked and nothing regarding Lloyds , I will be back tomorrow morning thank you for your patience with me

No problem!!!

[wales01man]

Re: Lowell portfoli / Bryan Carter vs Redrach99

Sorry I thought might have been FMOL letters

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

and assigned to the claimant on 03/07/2013 notice of which has been given to the defendant ( notice may have been given to me that lowells had taken it over but I did NOT acknowledge it )
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with ,

Ok so I was in no contract to pay this back with lowells so that is a complete lie , and I don't have a default notice as I never paid them ...

Again Ive checked my noddle credit file and no defaults from Lowell or Lloyds ..

[nemesis45]

Re: Lowell portfoli / Bryan Carter vs Redrach99

Hi Redrach,

The wording of the Particulars of Claim is correct Lowell have bought the Account/debt and thus have become the creditor (beneficial owner) on the account.
Lowell cannot send a Default Notice the default will have been placed and recorded on credit files by the original creditor.
It would be wise to get a free trial with either Experian or Equifax as Noddle uses "2nd hand" data from its parent Call Credit and it is not always up to date.
nem

[Redrach99]

Re: Lowell portfoli / Bryan Carter vs Redrach99

Hi sorry for late reply , I have an Equifax account now and my last payment to Lloyds according to that is January 2008 , am I going to have to admit defeat . thanks again for the help