Is debt statute barred, court claim issued!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Thank you [MENTION=49370]Kati[/MENTION] x

[Kati]

Re: Is debt statute barred, court claim issued!

Thank you @Kati x

no problem :yo: xx

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Good Afternoon [MENTION=42011]Nem[/MENTION], [MENTION=49370]Kati[/MENTION], [MENTION=6]Amethyst[/MENTION]

First chance to post, yesterday I received an annual statement from Lowell:

Statement date: 8/6/1
Period Covered: 31/7/14 to 7/6/16
Opening Balance: £2107.70
Payments received: £10.00
Balance adjustments: £0.00
Interest, Fees and Charges £523.36
Closing Balance £2621.06

I would like to know how they are able to add so many charges and inflate the balance so much, also i still am unsure how to proceed with this, they still have not provided the CCA, but their WS doesn't even account for this as missing??

I have to take a day off work to attend this hearing, is there anything i can do at this point, the court case is a week today, i do not want to call them to discuss unless absolutely necessary, but i need to know at this point if i contact BW and point out they are still missing the CCA they are wasting the judges and my time!!?

Thank you in advance x

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hello Nicki

My attention was drawn to the allegation in the WS that payments have been made and the statement that £10 .00 was made is without a date, was this payment made ?

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hello Nicki

My attention was drawn to the allegation in the WS that payments have been made and the statement that £10 .00 was made is without a date, was this payment made ?

nem

Hi Nem, I am waiting to hear back from my bank as to how many payments an confirmation when they were made, I do recall speaking with Lowell approx 4 years ago as I had a couple of debts that ended up with them, 3 I think which 2 were settled as small debts as payment plans were set up and they were dealt with, but I have always questioned the amount Lowell have claimed is owed for HSBC, going back as far as when Hamptons were chasing it, I requested CCA then, but it was never provided.

It's only last 12 months have I found these forums and realised I have been bullied into dealing with these vultures....I have never disputed the fact I have had debts and I have never expected to have them written off, I have no issue paying what is fair.

i noted the template they attached, it doesn't show anything personal to me so why has that been submitted!?

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hi Nem, I am waiting to hear back from my bank as to how many payments an confirmation when they were made, I do recall speaking with Lowell approx 4 years ago as I had a couple of debts that ended up with them, 3 I think which 2 were settled as small debts as payment plans were set up and they were dealt with, but I have always questioned the amount Lowell have claimed is owed for HSBC, going back as far as when Hamptons were chasing it, I requested CCA then, but it was never provided.

It's only last 12 months have I found these forums and realised I have been bullied into dealing with these vultures....I have never disputed the fact I have had debts and I have never expected to have them written off, I have no issue paying what is fair.

i noted the template they attached, it doesn't show anything personal to me so why has that been submitted!?

Good morning Nicki,

I regard to the Limitation Act 1980 verbal communications cannot be used / construed as admissions of liability.
The template is intended I think to represent what you would have received from the OC.
Let's hope your bank comes up with something useful.

Did you send in your WS?

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Good morning Nicki,I regard to the Limitation Act 1980 verbal communications cannot be used / construed as admissions of liability.The template is intended I think to represent what you would have received from the OC.Let's hope your bank comes up with something useful.Did you send in your WS?nem

Hi Nem,I have spoken at length with the bank today, the have confirmed a series of payments that were made from 2012-2015. They total £215, they match the payments listed on the WS which has shown on their management system print out. Bit of background to all of this I was made redundant without notice in 2006, which caused the problem with the debt and HSBC were not at all interested in helping me, they ploughed interest charges on at a ridiculous rate and now it's come back to haunt me I guess i have no where to go with this, my last hope is the fact they have still failed to provide the CCA......my other half said last night i should call them, discuss where they are prepared to meet as far as settling the account and also ask about the lack of CCA.Any thoughts? Thanks in advance

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hi Nem,I have spoken at length with the bank today, the have confirmed a series of payments that were made from 2012-2015. They total £215, they match the payments listed on the WS which has shown on their management system print out. Bit of background to all of this I was made redundant without notice in 2006, which caused the problem with the debt and HSBC were not at all interested in helping me, they ploughed interest charges on at a ridiculous rate and now it's come back to haunt me I guess i have no where to go with this, my last hope is the fact they have still failed to provide the CCA......my other half said last night i should call them, discuss where they are prepared to meet as far as settling the account and also ask about the lack of CCA.Any thoughts? Thanks in advance

I would not recommend phoning on this they will attempt to get you to agree to an arrangement that could probably be a great disadvantage to you.

The debt cannot what ever be enforced without the agreement so it's not a matter to discuss with either the claimant or the solicitors, so yo maintain your stance on the non compliance with the request.

I've heard of Lowell making all sorts of claims on the phone to get round non compliance with a CCA request when payments have ruled out statute barring of an alleged debt persuasion to forget about the CCA request it's not relevant etc.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

So basically i have to go to court on Tuesday next week, stand my ground that they cannot enforce without the CCA!?

I don't know how i can prepare for this, surely they will use the fact i have made payments to this account, i have no defence apart from they are not complying not sure the judge will accept that!?

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hello Nicki,

Yes that's what you need to do, Lowell and it's various " solicitors " are well known for attempting to submit documents at the last minute and pleading for relief from sanctions.
As you know the parties to a claim must disclose all the documents ton which they intend to rely at least 14 days prior to a hearing it does look like either they don't have it or are hoping to bluff it in the hope you will give in.

Make yourself a "bullet pointed" list of things you want to say in answer to the court.

nem

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hi Nem,

I don't mind admitting i am terrified and just know before Tuesday is even here, they will stitch me up.........my only argument is the lack of CCA, not sure what else i can say.

They will use the fact i have paid as their weapon, did you get chance to read all of their WS, they have produced all the statements of the account and yet they cannot provide the CCA, do i just keep repeating myself. I never had to go to court before, so i feel i am being thrown in with the tigers!!

Also what about all the charges, fees and interest that Lowell have added on, its over £500.......i then checked the credit card statement they had sent and just before the debt defaulted HSBC had added £271 interest, £48 in late charges £12 overlimit fee, this was in the space of 6 months. So all together there are nearly £800 added on in charges between HSBC and Lowell

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hi Nem,

I don't mind admitting i am terrified and just know before Tuesday is even here, they will stitch me up.........my only argument is the lack of CCA, not sure what else i can say.

They will use the fact i have paid as their weapon, did you get chance to read all of their WS, they have produced all the statements of the account and yet they cannot provide the CCA, do i just keep repeating myself. I never had to go to court before, so i feel i am being thrown in with the tigers!!

Also what about all the charges, fees and interest that Lowell have added on, its over £500.......i then checked the credit card statement they had sent and just before the debt defaulted HSBC had added £271 interest, £48 in late charges £12 overlimit fee, this was in the space of 6 months. So all together there are nearly £800 added on in charges between HSBC and Lowell

Hello Nicki,

I read that " WS " more than once it avoids completely the fact that no agreement has been provided in response to a CCA request and it makes me very suspicious!!!

Statements are not an agreement and could easily have been fabricated.

Make that bullet point list and your strong point is that there is No Agreement what ever else they produce is of no merit.

nem

All the "add on's" make the debt more attractive for debt purchaser!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hello Nicki,

I read that " WS " more than once it avoids completely the fact that no agreement has been provided in response to a CCA request and it makes me very suspicious!!!

Statements are not an agreement and could easily have been fabricated.

Make that bullet point list and your strong point is that there is No Agreement what ever else they produce is of no merit.

nem

All the "add on's" make the debt more attractive for debt purchaser!

Hi Nem,

thank you again for your advice, I think my lack of experience is why I am finding the whole thing a bit overwhelming, It's the unknown and feeling out of my depth, I have idea how the case will be presented, I've even tried to research online how the proceedings will happen, seems to be limited information out there.

my main concern is the judge will question why I have set up an agreement then not kept to it, I also think that the BW solicitor will be eloquent with his words and also make the point that by making the payments I have admitted liability and that the fact the CCA has not been produced will not be relevant.

so I just need to do as mentioned before, stick to my guns that as they have not produced a true copy of the executed credit agreement they have failed to comply, therefore the debt cannot be enforced.........sounds simple when I say it like that.......will the judge give them more time if I state this as my argument!?

[Amethyst]

Re: Is debt statute barred, court claim issued!

The court proceedings? Have a little read here and do ask anything you like, however daft you think it sounds... http://legalbeagles.info/forums/show...-court-hearing

I'm going to have a look at their WS now.

[Amethyst]

Re: Is debt statute barred, court claim issued!

They have just skipped around the need for a copy of the credit agreement. They haven't even provided a reconstruction. Therefore there is no way to ascertain the terms that allowed the charging of any interest or charges, what liability for repayment etc.

It will depend hugely on which Judge you get on the day. Which court are you in?


So

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the credito

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

[MENTION=551]pt2537[/MENTION] [MENTION=86694]JAL[/MENTION]