Lowell v Hairbear

[hairbear]

Hi Beagles
That dreaded brown envelope from Northampton dropped through the mail box.
This is connected to a Amazon credit card I took out in 2006
The last payment to the card was 6-1-2011

I have completed the Acknowlegement of claim at Moneyclaim (19-2-2017)
I had already sent a CCA request and reiceved a copy of the credit agreement and some sheets of terms and conditions

I also sent a SAR to HBOS for information.

I will send a CPR letter off tomorrow

I would be grateful of any advice

Thanks Hairbear

[Diana M]

Re: Lowell v Hairbear

This is connected to a Amazon credit card I took out in 2006
The last payment to the card was 6-1-2011

Some quick questions

The POC don't state the date of the Default Notice. Did you receive a DN and what was the issue date and remedy date if you did?

You say your last payment was 6th January 2011. How was that payment made? From your bank account or from a third party such as through a DMP?

What is the claim Issue Date on the N1 (it looks like 15th February 2017)?

I'm asking these questions in case this debt may be Statute Barred. (Do you live in Scotland?)

You've sent a SAR to HBOS - have you received the paperwork?

One final question (sorry) but can you remember how you opened this Amazon credit card account?

Di

[hairbear]

Re: Lowell v Hairbear

Hi Diana Thank you for your quick reply

The claim issue date is the 15th February 2017

I have received my sar paperwork from HBOS

I think I applied for the orignal Amazon credit card by post from a application that came through the post as junk mail.

The last payment I made was from a bank account and I have statements to prove it

I do not live in Scotland

I am not to sure about the default date but I have attched of a letter that might be it

Also this account has also been subject to a Statutory demand that that failed thanks to the wonderful members of this team (luv you guys)

Thanks Diana and I look forward to your reply
Hairbear

[Diana M]

Re: Lowell v Hairbear

Did you have a thread on the forum for your Statutory Demand because I can't find one?

Di

[hairbear]

Re: Lowell v Hairbear

Hi Diana after my original letter the case was dealt directly with Kate Brisco who was brilliant. I can try to find the paperwork if it helps.

[Diana M]

Re: Lowell v Hairbear

Hi Diana after my original letter the case was dealt directly with Kate Brisco who was brilliant. I can try to find the paperwork if it helps.

The paperwork may help since I'm guessing the Statutory Demand was disposed of by proving that there were triable/arguable legal issues which should be dealt with in the county court not by a petition for BR.

With any luck there may be something in the SD paperwork where the (now) Claimant admits something which could prove helpful to this case.

Why not ask @Celestine to take a look at this situation for you.

Di

[hairbear]

Re: Lowell v Hairbear

Hi Diana
I have messaged Celestine and are awaiting a reply

I have not had a reply for my CPR request

I have been reading the basic defence, I also waded through the SAR from HBOS (see Photo I feell guilty a good few trees paid the price for this) and I can not find a copy of the default notice like the original I posted. If they can not produce this could I also consider it being staute barred.
If you think there is aything else I need to be doing I would be grateful for your advice

[Amethyst]

Re: Lowell v Hairbear

Blimey, that's worth the £10 isn't it !

I've asked Celestine to look in

[seduraed]

Re: Lowell v Hairbear

I think that may be an attempt to baffle with bs.

[Celestine]

Re: Lowell v Hairbear

Have you found a copy of the original credit agreement in that paper mountain? If so, does it bear any relation to the CCA response from Lowell?

That does not look like a default notice, the big words DEFAULT NOTICE, seem to be missing.

I'll look forward to receiving your email with the stat demand WS so I can recall the details of the case.

[hairbear]

Re: Lowell v Hairbear

Hi Beagles
Received response to CPR only the agreement and and statements were included, no letter of assignment or default notice (see attached cover letter).

Celestine has seen the CCA response and is of the opinion that it is compliant.

It seems that my way forward will be to negotiate a settlement but also a enter a defence

I would be grateful for suggestions and also a link to a letter i can use to create a letter of negotiation

Thanks for your help
Hairbear

[Celestine]

Re: Lowell v Hairbear

Defence points:

No default notice
CCA is not executed (but is identical to an executed copy)
No assignment
No statement of account??

Negotiate hard xxx

[Diana M]

Re: Lowell v Hairbear

The claim issue date is the 15th February 2017

The last payment I made was from a bank account and I have statements to prove it

I can not find a copy of the default notice like the original I posted. If they can not produce this could I also consider it being staute barred.

When was that last payment?

In post # 3 you've uploaded a letter from HBOS dated 18th March 2011 which refers to your non payment of the contractual amount for the previous two months. So perhaps your last payment was 14th January 2011 (or before)?

It's possible that your next contractual payment would have been 14th February 2011.

The claim was issued on 15th February 2017.

If the Claimant wants to play the DN card then it may not be SB but since you say there is no DN at the moment they may have some difficulty.

When you look at the 'Transaction Log' in your HBOS SAR does it note that a DN was issued and sent/served?

A SAR is between you and the creditor. It's private. Lowells may not have access to the same information. It's their job to prove their case and to do that they need the paperwork.

I wouldn't begin to negotiate until after you've filed your Defence.

If it transpires you haven't got a legal leg to stand on then you can always negotiate using the free telephone Mediation service offered by the court which is only available to you once you've filed a Defence (and the other party is willing to Mediate too.)

A Mediation settlement is legally binding but it's not a CCJ.

Check out the SB potential first if I were you.

Di

[hairbear]

Re: Lowell v Hairbear

H Diana thank you very much for your reply, my last payment into this account was on the 06-01-2011

The next payment was to reach them as you suggested on the 14-02-2011

I have waded through the paperwork and do not have a transaction log only statements and a memo log I have not found anything regarding the default noticebut I will have another look.

Would they need to have a default, notice having produced statements with my last payment
How would I include this into my defence.
Thanks for your time and help
Hairbear

[Diana M]

Re: Lowell v Hairbear

When is your Defence deadline? It'll be 33 days from the Claim Issue date.

Someone on the forum will help you finalise it if you post up a draft for comment.

Di