**DISCONTINUED***County Court Claim from Lowell/Bryan Carter re Lloyds

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=6]Amethyst[/MENTION] no agreement received. Default date shows as June 2009. As it's my husband's debt and he has never checked his credit file I have no idea if it's still on there or not but the summary they have sento definitely says date of default is June 2009. It's not clear enough to make out the exact date though...

[Amethyst]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

I don't think you'll have a problem and they'll discontinue on receipt of your witness statement.... and are just trying it on now with the £2.5k offer. I have a couple bits to do first but think we can strengthen your witness statement based on what you have ( or haven't) received.

[Diana M]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

we just got an email from Lowell offering a settlement for £2500.

Is that "offer" from Lowells headed Without Prejudiced Save As To Costs? And does it give you a deadline to accept or the offer will be withdrawn?

If you decide to reply you should head your letter WP so if things go wrong at the hearing (hopefully not) the DJ won't know you rejected an offer which would have been lower than the amount claimed. Although costs in the Small Claims Court are not normally awarded to either party win or lose, when there has been an offer rejected it can become an issue if they decide to go after Wasted Costs.

If there's no deadline for response you may wish to wait until you file your WS and are served with their WS. Depending on what they say/disclose in their WS you may even want to invite them to Discontinue at the same time as rejecting their offer

You're hearing is listed for 27th March so the deadline for your WS is possibly next Monday(?).

Di

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=87380]Diana M[/MENTION] it's an email with the subject line of "Urgent-upcoming hearing" and no other headers. They have given a deadline of 12pm on the 10th March but nothing about the offer being withdrawn...
"In relation to the upcoming hearing, please find enclosed a copy of the:

§* Notice of assignment from Lloyds;

§* Notice of assignment from the Claimant;

§* Statement of account; and

§* Account summary from Lloyds.

In light of the above, and with a view to resolving the claim out of court, we would be willing to consider an out of court settlement of £2,500.00. We would also be willing to consider an affordable repayment arrangement.

*

You are welcome to obtain your own independent advice on this. Free advice can be obtained from the Citizens Advice Bureau, and paid advice can be obtained from a solicitor.

*

Please contact us by 12pm 10 March 2017 to confirm your position on this.

*

We look forward to hearing from you"

This is what they have sent.

- - - Updated - - -

WS deadline is 14th march

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Just double checked and it shows the last successful payment they took was actually November 2008!!

- - - Updated - - -
@nemesis45 default date is showing June 2009

The problem is the SB " clock" stops on the date a claim is issued, a debt must be stat barred on or before a claim was issued.
Check dates carefully.

nem

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=55034]nemesis45[/MENTION] last payment was in November 2008, default was June 2009 and claim was issued September 2015 so definitely seems to be stated barred

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

@nemesis45 last payment was in November 2008, default was June 2009 and claim was issued September 2015 so definitely seems to be stated barred

Good it's often down to just days determining if a debt is statute barred or not.

nem

[Joanna C]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

@nemesis45 last payment was in November 2008, default was June 2009 and claim was issued September 2015 so definitely seems to be stated barred

is this a loan agreement? I ask because on the first post you wrote

"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)"

If it is a loan account then how long was the term of the loan? If it was say 4 years then the loan expiry date would be 2012 so unless you can provide the default notice and letter of early termination it is likely the court would determine that the start date for the purposes of limitation would be at the end of the loan term. and therefore in my example the loan would not be statute barred until 2018.

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

So I have just had a proper look through what they've sent and it seems that the original loan was actually taken out in 2007, not 2008 as we first thought. I don't know if this makes a difference as I know this was a question when I first posted as to whether it was before or after 2007. We don't have any notice of default or letter of early termination as documentation was being sent to the incorrect address until last year. My husband can't remember the original term of the loan and the claimant & their solicitors have refused to provide any documentation until today.

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

So I have just had a proper look through what they've sent and it seems that the original loan was actually taken out in 2007, not 2008 as we first thought. I don't know if this makes a difference as I know this was a question when I first posted as to whether it was before or after 2007. We don't have any notice of default or letter of early termination as documentation was being sent to the incorrect address until last year. My husband can't remember the original term of the loan and the claimant & their solicitors have refused to provide any documentation until today.

[MENTION=9135]Titania1980[/MENTION]

Does this loan appear on your credit files?

The start of the relevant 6 year period could depend on the terms and conditions which may well state when /how the account can be defaulted/terminated.

nem

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=55034]nemesis45[/MENTION] we checked hubby's credit file last night and this loan is not showing at all. No default or anything. As it was solely in his name it wouldn't appear on mine as it was before we were together.

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

@nemesis45 we checked hubby's credit file last night and this loan is not showing at all. No default or anything. As it was solely in his name it wouldn't appear on mine as it was before we were together.

No mention of Lowell at all?
nem

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

No, nothing. Nothing negative showing at all.

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

No, nothing. Nothing negative showing at all.

Well that demonstrates that more than 6 years have elapsed since the account was defaulted, the entry can never be put back.


Personally I would collate all the known events by date to confirm for yourselves that on the balance of probabilities the debt was statute barred when the claim was issued, then act on that.

nem

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

The information they have sent shows a default date of June 2009 and the claim was issued in September 2015 so it certainly seems to be stat barred. The have been no payments or acknowledgement of the debt since 2008 so from my understanding we would start the 6 years from the date of default. Unless I'm seriously misunderstanding!