Lowell vs hairclips - statute barred debt

[hairclips]

Good afternoon,

I posted on 18/08/2016 about Lowell Solicitors chasing me for a statute barred debt...I've copied and pasted what occurred then and update on what happens next I have Lowell chasing an old CC debt that became statute barred end of May 2016.

18/8/16
I have Lowell chasing an old CC debt that became statute barred end of May 2016. The first letter said the usual, you owe £+++++, contact to arrange payment etc, I replied by letter stating I do not acknowledge the debt and it is statute barred.

The next Lowell letter stated that I made a payment on 28/05/2013 of £30.00. I do not recall ever making this payment so I contacted my banks and requested statements for that month, and surprise surprise no cheque/debitcard/SO or DD payment made to Lowell, not even a cash withdrawal for £30 near the date!

So, I sent a letter back to them asking the to prove proof of payment and the method the payment was made. They have replied last week stating near enough the text from their previous letter, ie payment made in may 2013 therefore not statute barred, but NO information on method of payment etc. (I have not informed Lowell I have the statements)

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Updated info below

I resent the 'prove' it letter again to Lowell and received a letter back from Lowell a month or so later saying they would put the account on hold until they hear back from the original creditors....I hear nothing until last week where I received a letter from Lowell stating that that the debt is not statute barred and that Vanquis will not give me any personal details (??!?) and still insist I made a random payment in May 2013! Before I could draw breathe and reply, I had a County Court Claim land on my doormat from Northampton....arrived on 18/03/2017 but dated 13/03/2017.
(Sorry at work at present and do not have the actual letters with me but can clarify anything if needed)

So I'm in a bit of a panic as I thought this was done and dusted but apparently not

Obviously I intend to fight this, I haven't submitted anything as yet, or replied to the court, I know I have 14 days, is that from when ! received it or from when they issued it? Plus do I need to put in my defence at that time aswell? I'm at a bit of a loss on how to proceed.

Any help/advice would be gratefully received....

Many thanks.

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

First Steps |

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CCA Request || CPR 31.14 Request

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acknowledge on Line MCOL and state defend all , read above

[hairclips]

Re: Lowell vs hairclips - statute barred debt

Thanks Mike for your quick reply, one question though...Do I still need to request the CCA and CPR 31.14 if the debt is statute barred?

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

yes - £1.00 Postal order marked for statuary purposes only Recorded delivery

CPR31.14 Free of charge to Solicitors requesting items listed on the N1 court form 0nly those mentioned for now SB etc later date look to procedures look to other thread get to know how these cretin operate in debt recovery! also Recorded delivery

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have you acknowledged claim on line yet priority job

[hairclips]

Re: Lowell vs hairclips - statute barred debt

Not yet, I'll do it tonight

[hairclips]

Re: Lowell vs hairclips - statute barred debt

ok officially acknowledge the claim now.....


Issue Date: 13/03/2017
Amount approx: £2171
Claimant: Lowell Portfolio 1 Ltd
Solicitor: Lowell Solicitors Ltd
Original Creditor: Vanquis
Particulars of Claim: 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis
2) The Defendant failed to maintain the required payments and a default notice was served but not complied with
3)The Agreement was later assigned to the Claimant on 04/08/2014 and notice given to the Defendant.
4) Despite repeated requests for payment the sum of £1,839.24 remains due and outstanding.
And the Claimant claims
a) The said sum of £1,839.24
b)Interest pursuantto s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.403 but limited to one year, being £142.14.
c) Costs
Is the debt Statute Barred? YES ...defaulted 31/05/2010 and not showing on any CRAs
List any letters you have sent: I have sent letters stating debt is statute barred and to prove I made random payment in May 2013.
Any Other Info: Just before Claim issued I had a letter from Lowell stating that they had a response form Vanquis...as follow.....

"Query response dated 21-11-2016 - account is not stat barred. Payment details will not be provided to the customer. The bank details provided by the customer have been bank checked and confirmed as an exact match to the customer. Customer had also made multiple payments via the debt agency."

I have not given my bank details to Lowell Solicitors, and I checked both of my back accounts for the time they said last payment was made .....no payment via bankcard/direct debit/standing order/or cheque...also no cash withdrawal of that amount in the whole month!!!

I have just written CPR 31.14 and CCA letters and will send of with £1 postal order on Friday (my dayyoff).

Hope this is correct info needed for the forum x

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

[MENTION=1937]nemisis[/MENTION]

[hairclips]

Re: Lowell vs hairclips - statute barred debt

Btw is it 'normal' to have a response from Vanquis stating they will not provide payment details to me??

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

keep that letter safe then

[hairclips]

Re: Lowell vs hairclips - statute barred debt

keep that letter safe then

I have kept letters from my first challenge letter. Just to clarify the Vanquis statement was quoted in a letter from Lowell if that makes any difference.

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

Their refusal could have an effect on any possible further actions at this stage. just file it for any possible use in showing that your request has been refused.

another way is to SAR them for all they hold on you = cost £10.00 and they would have 40 days to collate and respond with all info they hold on you?

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

The organisation] Dear Sir or Madam Subject access request [Your full name and address and any other details to help identify you and the information you want.] Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example your personnel file; emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11); your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital; CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm; copies of statements (between 2006 & 2009) held in account number xxxxx).] If you need any more information from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk Yours faithfully [Signature]

• Subject access request template letter
  
  For the public
  Word (13K)
  
  

3) Keep copies and proof of receipt

taken from ICO site

[hairclips]

Re: Lowell vs hairclips - statute barred debt

CPR and CCA letters sent today 'signed for' service with £1 postal order with 'for statutory fee' only written on the front!

[hairclips]

Re: Lowell vs hairclips - statute barred debt

So what should I be doing now?! Obviously not had any reply or acknowledgement from cca etc requests...

[MIKE770]

Re: Lowell vs hairclips - statute barred debt

onus is on them to supply (probably not at this stage)

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acknowledged claim via MCOL,?? if not soonest and state defending?

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Lowell letter stated that I made a payment on 28/05/2013 of £30.00. send prove it letter i.e. How paid/by whom/cheque/postal Order/on line account number and sort code. but stick to court time table, if you receive from lowells account on hold = ignore, court rules not lowells.

[MENTION=42011]Nem[/MENTION]sis45 [MENTION=87380]Diana M[/MENTION]