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My husband has received a claim form from county court for a debt we believe to be statute barred which was sent to an address he has not lived at in the last 6 years. We would like some help with how to respond to this.
The debt was a little over £5000, with interest & fees this has been increased to just under £6000.
My husband has made on payments & had no contact with anyone regarding this since early 2009. The documents were sent to an address he has not lived at since that time (his parents' address).
From what I understand this debt seems as if it should be statute barred & not recoverable.
Name of the Claimant ? Lowell Portfolio I Ltd
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 16/09/15
Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total
What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.
THE CLAIMANTS CLAIMIS FOR THE SUM OF 5XXX.XX, 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 XXXXXXXXXXX AND ASSIGNED TO THE CLAIMANT ON 24/06/2013, 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 5XXX.XX
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 LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 4XX.XX
What is the value of the claim? £5XXX.XX
Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account
When did you enter into the original agreement before or after 2007? After (2008)
Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned & debt purchaser issued claim
Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware as moved address & all correspondence was being sent to previous address
Did you receive a Default Notice from the original creditor? Not aware
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware
Why did you cease payments? Change in financial situation & personal circumstances
What was the date of your last payment? mid 2008
Was there a dispute with the original creditor that remains unresolved? no
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
The debt was a little over £5000, with interest & fees this has been increased to just under £6000.
My husband has made on payments & had no contact with anyone regarding this since early 2009. The documents were sent to an address he has not lived at since that time (his parents' address).
From what I understand this debt seems as if it should be statute barred & not recoverable.
Name of the Claimant ? Lowell Portfolio I Ltd
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 16/09/15
Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total
What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.
THE CLAIMANTS CLAIMIS FOR THE SUM OF 5XXX.XX, 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 XXXXXXXXXXX AND ASSIGNED TO THE CLAIMANT ON 24/06/2013, 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 5XXX.XX
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 LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 4XX.XX
What is the value of the claim? £5XXX.XX
Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account
When did you enter into the original agreement before or after 2007? After (2008)
Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned & debt purchaser issued claim
Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware as moved address & all correspondence was being sent to previous address
Did you receive a Default Notice from the original creditor? Not aware
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware
Why did you cease payments? Change in financial situation & personal circumstances
What was the date of your last payment? mid 2008
Was there a dispute with the original creditor that remains unresolved? no
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
xxx
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