** DISCONTINUED ** Lowell/Bryan Carter/Lloyds Claim Form

[ThisIsMusic]

Hello everyone,


Firstly please forgive my tardiness on this but I believe it may be a blessing in disguise that I hung on until now to file my claim form online, as I wasn't aware until last night that I could even defend this! Once I'd gotten over my initial shock of receiving a claim form for such an old debt,I think I resided myself to the fact I would have a CCJ on my credit file for the next six years. I was simply going to reply to the form online with an offer & ruin my credit rating for the next six years.


I was talking to a friend last night who informed me this debt was probably statute barred. I'd never heard the term 'statute barred' before! I Googled it last night & what followed has been a bit of a whirlwind few hours. I've was up until 4am, slept for 4 hours & was back online again at 8.00 this morning. I've been unable to think of anything else all day at work. The wealth of information on here is incredible. However I am overwhelmed with the sheer volume of information & would greatly appreciate your help. My knowledge on these things is clearly limited but I am trying to learn in the limited time I have. From reading the forum it seems statute barred may not even be the way to go with this. I genuinely had no idea there were so many potential ways of avoiding the CCJ. I only regret not searching for this information sooner.


I'd be grateful if any of you could confirm for me the best way forward & I will of course share the knowledge myself for anyone else who finds themselves in a similar position.


I'll sum up the case. I may be a little vague on some finer details, in part because the debt is so old but also because of a (possibly) irrational fear of mine that an agent of Lowells may be reading this & possibly use any of this against me!


Loan was taken out in 02/03 with Goldfish (Lloyds)


Amount claimed is between £1000-2000


Last payment was made sometime in 08/09. I cannot unfortunately confirm exact date & as such it's possible it may not quite be statute barred yet. However, I was at the time on a debt management plan so any other debts I had at the time will have had last payments made at exactly the same time as this one, and they have all fallen off my credit file. I checked my report today thanks to one of your posts here yet this debt is still on my file. Default was registered in Oct '09. I find it odd that the other debts are no longer there but this one is?


I did have PPI on this loan which should be rather substantial & may even clear the debt.


I have not acknowledged the debt myself in the last six years.


POC


The claimants claim is for the sum of …... being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and
Lloyds
under account reference number …...............
and assigned to the claimant on ../../2013 notice of which has been given to the defendant.
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.


And the claimant claims….......


The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to …....


I have until tomorrow to file my AOS, if indeed you guys feel that it the way forward.


Thank you in advance.


Best wishes.

[nemesis45]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Hello everyone,


Firstly please forgive my tardiness on this but I believe it may be a blessing in disguise that I hung on until now to file my claim form online, as I wasn't aware until last night that I could even defend this! Once I'd gotten over my initial shock of receiving a claim form for such an old debt,I think I resided myself to the fact I would have a CCJ on my credit file for the next six years. I was simply going to reply to the form online with an offer & ruin my credit rating for the next six years.


I was talking to a friend last night who informed me this debt was probably statute barred. I'd never heard the term 'statute barred' before! I Googled it last night & what followed has been a bit of a whirlwind few hours. I've was up until 4am, slept for 4 hours & was back online again at 8.00 this morning. I've been unable to think of anything else all day at work. The wealth of information on here is incredible. However I am overwhelmed with the sheer volume of information & would greatly appreciate your help. My knowledge on these things is clearly limited but I am trying to learn in the limited time I have. From reading the forum it seems statute barred may not even be the way to go with this. I genuinely had no idea there were so many potential ways of avoiding the CCJ. I only regret not searching for this information sooner.


I'd be grateful if any of you could confirm for me the best way forward & I will of course share the knowledge myself for anyone else who finds themselves in a similar position.


I'll sum up the case. I may be a little vague on some finer details, in part because the debt is so old but also because of a (possibly) irrational fear of mine that an agent of Lowells may be reading this & possibly use any of this against me!


Loan was taken out in 02/03 with Goldfish (Lloyds)


Amount claimed is between £1000-2000


Last payment was made sometime in 08/09. I cannot unfortunately confirm exact date & as such it's possible it may not quite be statute barred yet. However, I was at the time on a debt management plan so any other debts I had at the time will have had last payments made at exactly the same time as this one, and they have all fallen off my credit file. I checked my report today thanks to one of your posts here yet this debt is still on my file. Default was registered in Oct '09. I find it odd that the other debts are no longer there but this one is?


I did have PPI on this loan which should be rather substantial & may even clear the debt.


I have not acknowledged the debt myself in the last six years.


POC


The claimants claim is for the sum of …... being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and
Lloyds
under account reference number …...............
and assigned to the claimant on ../../2013 notice of which has been given to the defendant.
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.


And the claimant claims….......


The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to …....


I have until tomorrow to file my AOS, if indeed you guys feel that it the way forward.


Thank you in advance.


Best wishes.

Hi welcome to LB,


File the AOS NOW, and intention to defend: Do this at Money Claim on Line (MCOL).

Send A CCA Request To Lowell NOW: this is a request made under the Consumer Credit Act 1974, section 77/78. There is a £1 statutory fee for this use a cheque or Postal Order , clearly endorsed " For Statutory Fee only" Lowell has 12 + 2 Working days to comply: there's a template in the forum library for this (use signed for post)

Next a request to Bryan Carter made under Civil Procedure Rule CPR.31.14 this is for the documents mentioned in the Particulars of Claim. i.e. the agreement, the Notice of assignment and the Default Notice: Only Those Documents can be requested. There is a 7 day time scale for compliance NO FEE is payable. template in forum library: signed for post again. These are the important matters for immediate attention.

From the date you gave given for the last payment the debt is possibly not statute Barred and the 6 year clock stopped " ticking" on the date the claim was issued, this depends on the following.

Statute barred for debts arising from a simple contract e.g. I presume this is a CC account, = 6 years with no or written acknowledgment of the debt in 6 clear years, the relevant 6 year period in case of a Credit Card Debt is the Date When a Contractual Payment was due and not made, after which nor further payment or written acknowledgment was made. This equates to 1 month after the last ever payment.

Get AOS away asap then the two requests, come back here if you need help.

nem

[Kati]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

definitely file your AoS ... it gives the knowledgeable Beagles a chance to advise you on your next steps!!

Then get a CCA and CPR request sent off

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

[nemesis45]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

definitely file your AoS ... it gives the knowledgeable Beagles a chance to advise you on your next steps!!

Then get a CCA and CPR request sent off

OOOPs beat me to it Kati, nemxx

[jon1965]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

If the account was already defaulted and on a dmp I believe that the 6 years start on the date of last payment so if last payment was 1st June 2009 then the claim would have to be made by 31st May 2015. Any date after that would be SB

When looking at dates for AOS remember the date on the form is Day 1 so if the date printed is 1st June AOS must be by 19 th and defence by 28th unless an 3rd July

[Kati]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

You don't have to file your defence when you acknowledge service ... just make sure you tick the 'defend in full' option

[ThisIsMusic]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Hi everyone, thank you all so much for the quick replies. I'm kicking myself that I didn't find this forum sooner! I've had a good read again today after work & I'm starting to get my head around this now I think, although I'm sure it will fall into place after a good nights sleep. The main thing for anyone in the same boat as me to remember is, there's always hope, it seems. I had no idea!

I have just filed my AOS & will type the letters up & get these send 1st class recorded on my lunch tomorrow.

Regarding potential SB, I cannot for the life of me understand why other debts that will have been paid at exactly the same time have dropped off my credit report, yet this one remains? It would appear the others are now SB yet this isn't? Is this a non starter as defense?

Another thing I seem to remember reading somewhere in the wee small hours this morning, although I cannot seem to find it now, was someone making reference to PPI although I cannot remember what came of it. Should I be looking into this or is it too late for that?

Thanks again.

[nemesis45]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

We can sort out dates and status of the debt once you have got all the initial processes off, as Kati says you need to get the AOS off and intention to defend in full.

nem

[FlamingParrot]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Hi everyone, thank you all so much for the quick replies. I'm kicking myself that I didn't find this forum sooner! I've had a good read again today after work & I'm starting to get my head around this now I think, although I'm sure it will fall into place after a good nights sleep. The main thing for anyone in the same boat as me to remember is, there's always hope, it seems. I had no idea!

I have just filed my AOS & will type the letters up & get these send 1st class recorded on my lunch tomorrow.

Regarding potential SB, I cannot for the life of me understand why other debts that will have been paid at exactly the same time have dropped off my credit report, yet this one remains? It would appear the others are now SB yet this isn't? Is this a non starter as defense?

SBd is not related to the dates shown on your credit report. Defaults are recorded around three to six months after you miss a payment, however, many people keep on making token payments or pay through a DMP so the debt is not SBd even years after it drops off the credit records. If you were paying on a DMP, you'd be looking at the date of your last DMP payment as a starting point for the six years.

[nemesis45]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Hi everyone, thank you all so much for the quick replies. I'm kicking myself that I didn't find this forum sooner! I've had a good read again today after work & I'm starting to get my head around this now I think, although I'm sure it will fall into place after a good nights sleep. The main thing for anyone in the same boat as me to remember is, there's always hope, it seems. I had no idea!

I have just filed my AOS & will type the letters up & get these send 1st class recorded on my lunch tomorrow.

Regarding potential SB, I cannot for the life of me understand why other debts that will have been paid at exactly the same time have dropped off my credit report, yet this one remains? It would appear the others are now SB yet this isn't? Is this a non starter as defense?

Another thing I seem to remember reading somewhere in the wee small hours this morning, although I cannot seem to find it now, was someone making reference to PPI although I cannot remember what came of it. Should I be looking into this or is it too late for that?

Thanks again.

For clarification: Removal of accounts from credit files after 6 years have elapsed from the date of default is an " automatic " process.

An Account can however remain on file even if it is already statute barred, the debt being SB does not affect the status of the default which has to remain until the 6 years expires at that point it will be removed.

nem

[FlamingParrot]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Another thing I seem to remember reading somewhere in the wee small hours this morning, although I cannot seem to find it now, was someone making reference to PPI although I cannot remember what came of it. Should I be looking into this or is it too late for that?

Thanks again.

PPI has to be reclaimed from the original lender who mis-sold it rather than the debt purchaser. In principle any redress would be offset against the outstanding balance, however, when the account has been sold, it may be possible to get it paid out to yourself.

Have you got statements of your accounts showing PPI being applied to them? You can, of course, send a SAR, but many banks argue they can only send you data for the last six years.

[ThisIsMusic]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Hello everyone.


Just wanted to give you all a quick update & also ask for a little more advice please, especially regarding the rather unique & potential statute barred element, as my defence has to be submitted by this Tuesday.


Firstly I just want to say how grateful I am for the advice provided here in this forum. I don't think I'll ever forget stumbling upon this place & the confusion and excitement I felt in those first 24 hours!! It did (as I'd hoped) make far more sense after a good nights sleep and having now spent a fair while here reading other cases I think (or hope!) I have a sound knowledge of the basics. I was literally two days away from the deadline when I first heard the term 'statute barred' & found you guys but I think I've just got in there in the nick of time.


I'll just outline what has happened since & also provide the dates which I neglected to mention in my OP.


Claim was issued on 18^th June. By my reckoning that makes the date of service 23^rd, AOS by 7^th July, defence by 21^st July. Is this correct?


I submitted my AOS/intention to defend immediately on the evening I first posted here, that being 6^th July.


I sent the CPR to BryanCarter & CCA to Lowell first class recorded the next day on 7^th.


CPR was signed for on 8^th & the standard stock reply seen here numerous times from Bryan Carter was received a week later. I already had the response template provided by your good selves ready to roll so this was sent again 1^st class signed for the same day. This was signed for the next day and their response was received within 3 days which, surprisingly, was a carbon copy of their first response - “Practice direction 7c point 1.4 (3A) eliminates the requirement to attach documents.......matter will be allocated small claims track.....blah blah blah”. I now have two copies of this letter!


Why are they so adamant that they do not need to provide this information? As I understand it, now I have requested it, the case is unenforceable without it. Am I correct?


The CCA to Lowell has not been signed for yet according to Royal Mail online which, having dealt with Royal Mail for a number of years myself, I know is not unusual for standard signed for post. However, I've yet to receive a response from Lowell and, despite missing post being a rarity, I'm actually starting to think the letter may well have gone missing. Should I send a follow up letter tomorrow? Perhaps I could include a copy of the original CCA letter & the tracking number?


Finally, regarding potential statute barred, I have been in contact with the debt management company I was using at the time & they have confirmed last payment was made in August '09. However, the plot thickens as I have been searching through boxes of old paperwork from my loft looking for my original PPI paperwork ( which I've yet to find) and I have found notes I made regarding a telephone conversation I had with Goldfish (Lloyds) in March '09. And then it all came back to me. Goldfish have, to the best of my knowledge, never received a penny the whole time I was on DMP. I'll explain. I started my DMP in early spring '08. By the end of the year all letters from my creditors had long since stopped apart from Goldfish. They continued to hound me despite the DM company telling me to ignore them. By March '09 I decided I'd had enough & called them myself only to find they had never received a penny from the DM company & indeed didn't even know I was on a DMP. What followed was a lot of toing & froing with the DM company saying they were paying & Goldfish saying the weren't. By August I'd decided they could no longer be trusted & quit the DMP.


Would it be worth adding SB to my defence? I suppose it's possible the DMC may have eventually located the money & credited it back to Goldfish, although the lady I spoke to at the DMC last week could neither confirm nor deny this. The only record she had was the same as 6 years ago ie they were paying Goldfish every month.


If it later transpires that the debt is not SB, and Bryan Cart can prove this, would it in anyway discredit the rest of my defence?


Thank you in advance for any advice & apologies for the length of my post!


TIM

[jon1965]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Non compliance with cpr is not a bar to enforcement but non compliance with a cca request is. Your dates, well I have heard differing stories as to what day is day 1 so if I were you I would get your defence in on Monday 20th just to be sure. I have asked a legal member of the site team to clarify.
i think adding SB would be worth a punt . If they paid goldfish after you quit the dmp you can argue it was not with your authority, if of course they paid between the date of the claim and the time you quit you may have a problem

[ThisIsMusic]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Thanks Jon1965.

How would the CCA thing work if they haven't received it? I trust merely sending it was enough? I have a copy & tracking to prove such. Should I send a follow up?

[jon1965]

Re: Lowell/Bryan Carter/Lloyds Claim Form Potential Statute Barred debt from 2002/03

Don't follow up. If you have proof of delivery then that is enough. Have you got your defence written. There are generic defences in the library for defending when no documents have been produced. I will try to find it in a bit when I am off my phone.