Court Claim - lowell / welcone - 27-5-2015

[stemac79]

Received a claim? Yes
Issue Date: 27-5-2015
Amount approx: £8000
Claimant: lowell
Solicitor: byron carter
Original Credit: welcone

Particulars of Claim:
The claimants claim is for the sum of 7291.89 being money's due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and welcome finance. Under account no ___""// and assigned to the claimant on 05/09/2012.Notice of which has been given to the defendant. The defendant failedto Mao rain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
I had two accounts with welcome, one I received a ccj for in 2009 and have paid money back to Lowell portfolio until may last year. It was a vehicle I purchacesed in 2004 and was reposessed in 2006, I had a small personal loan out in 2003 aswell in which I defaulted in about 2005, I have sent a sb letter to Lowell and to Byron carter. I had a letter back from Lowell saying the debt is not statute barred as it defaulted on 17/11/2010. I am really confussed with what's going on, should I contact them??

[nemesis45]

Re: Court Claim - lowell / welcone - 27-5-2015

Hi welcome to LB.

Claim acknowledged, good!!
Is this a loan account? HP account?

Next: A CCA request for the agreement relating to the account, this goes direct to Lowell, there is a £1 statutory fee to pay. Use a cheque or postal order endorsed " statutory fee only". Lowell has 12 +2 working days to comply.

Then a request to Carter under Civil Procedure Rule 31.14 for all the documents mentioned in the particulars of claim, in this case
these are The Agreement: A Notice of Assignment, a Default notice.
Separately but in the same envelope request a 28 day extension as you are obtaining data from
the original creditor
There are templates for the requests in the forum library. http://www.legalbeagles.info/forums/...Taken-To-Court
Welcome had/has a very dirty trick not defaulting accounts until they sell an account on.
In the past these "late " defaults have been successfully challenged and the default date
backdated.

I suggest an immediate Subject Access Request (SAR) to Welcome to get all the personal data it holds on you/the account. I would be happy to assist you in challenging the late default.

There is a £10 statutory fee of £10, use a cheque or PO endorsed " for statutory fee only" use signed for post: Welcome has 40 days to comply. ( template in the forum library).
Have you checked your credit files for this, there were many instances where the data Welcome recorded was wrong.
Did you receive a Final Demand for Payment if so when was this?
nem

[FlamingParrot]

Re: Court Claim - lowell / welcone - 27-5-2015

Amount approx: £8000
Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
I had two accounts with welcome, one I received a ccj for in 2009 and have paid money back to Lowell portfolio until may last year. It was a vehicle I purchacesed in 2004 and was reposessed in 2006, I had a small personal loan out in 2003 aswell in which I defaulted in about 2005, I have sent a sb letter to Lowell and to Byron carter. I had a letter back from Lowell saying the debt is not statute barred as it defaulted on 17/11/2010. I am really confussed with what's going on, should I contact them??

How much was the personal loan you took out in 2003? You describe it as 'small', yet they are claiming £8,000. :confused2: Does this sound about right? Or does it look like they have added up the two accounts together? If they took you to court over the other account and got judgment, they can't include that debt on a new claim, not even if you hadn't paid them anything. They can enforce the existing judgment but not obtain another judgment for that money.

With regards to statute barred, default dates recorded on credit files have nothing to do with it. Defaults are often recorded late or they are 'updated' to the date when the account got assigned. This is something that should definitely be argued so you can get it amended, if you defaulted in 2005, that account should no longer be on your credit file, however, for the purpose of limitation, it's not relevant.

Many people make payments after defaulting on an account, sometimes for many years after that, they may make reduced or token payments or pay through a DMP, in which case the default can drop off the CRA files without the debt being statute barred.

In your case, if you made no payments towards the loan after 2005 it should be statute barred. :thumb:

[nemesis45]

Re: Court Claim - lowell / welcone - 27-5-2015

Other loan repaid and settled via Lowell!
Checking for information on CRA files is
a good idea given that this a Welcome
account most of which had " paperwork"
problems and late placed defaults/ incorrect
data posted on CRA's.

nem

[jon1965]

Re: Court Claim - lowell / welcone - 27-5-2015

As well as doing the acknowledgement , CCA request etc I would also be asking Lowells for proof of how much and where the money supposedly paid in 2010 came from. So often people male CCA requests or SARs and the companies credit the amount to the account in what they like to call 'an admin error'.

As FP says the default date is not the date the SB clock starts although this is not the first time I have heard debt purchasers claim this.