Lowell portfolio county court claim on statute barred debt

[tony26]

Hello i've received a county court claim for a debt with vanquis credit card that i have not paid any money to since 2009 , for the amount of £726. , i was made disabled by a bad accident around the same time and could not work , since 2009 i have various dca's who were pursuing me for this debt but i have never responded to them ,Lowell portfolio bought the debt on the 11/07/2012 and have also been sending me letter's etc., i ignored them as i knew that the debt was now statute barred as my son had informed me of the law. Then just two days ago i was shocked to receive a county court claim , i have been on the moneyclaim website and registered like it says on your guidelines and signed up for another 28 days , i have clicked the box for the one that says i dispute all of the claim and now i hoping someone will tell me what i have to do to defend my position.
Thanks in advance

[Stu]

Re: Lowell portfolio county court claim on statute barred debt

Hi Tony get a CCA request sent asap to the claimant Lowell's with£1 postal order signed "for statutory purpose only" <back and front> and CPR request to their solicitors no fee for cpr, it's a long waiting game this now so take a look at other defences as that will come around 33 days from the date on the claim form..

Take a look in the green boxes at the top of the page and they're you stages ...

[MIKE770]

Re: Lowell portfolio county court claim on statute barred debt

|| CCA Request || CPR 31.14 Request

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Thanks for the information . i thought that because the debt is statute barred ,i just had to send letters stating it was statute barred and politely tell them to p#ss off.

[MIKE770]

Re: Lowell portfolio county court claim on statute barred debt

we all wish!

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

Hi Tony

Now a court claim has been started you need to follow the process even though it is a pain.
So as advised send a cca request to Lowell's with the fee and a CPR31.14 request to the solicitors asking for documents that are mentioned in the particulars of claim, usually an agreement, a notice of assignment , a default notice.

It might help if you could just type out the particulars of claim on the forum so we can check.

Whatever happens you must put your defence in by the due date which is 33 days after the date on the claim form

Depending on what comes back I would be covering as many bases as I could so SB, maybe non compliance with a CCA request, maybe a defective DN - who knows.

I would also think about sending a SAR to Vanquis, cost £10 but it will get you all the records they have - might show up some late payment that you had forgotten about or something equally interesting

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Thanks for all the information , i've sent the required letters of to Lowells and their lawyers ,so just waiting for the replies , i wonder what they'll be ? i'm hoping for a £50 Marks and spencer gift voucher

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

Hopefully s pile of rubbish.

The SAR to cap 1 still needs thinking about

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Hi ,i've just received a letter from BW Legal who work for lowell portfolio , the letter says that they have put my file on hold whilst they query the matter with their clients , this is in response to my cpr request and cca request , what i don't understand is i sent a separate cca request with the 1 pound fee to lowells themselves and i have not had anything from lowells, my date i have to put my defence in on the county court claim website is friday 5th may 2017.
So i hope someone can advise me what to do, that is, do i just wait and see if lowell come up with something or just go ahead and put my defence in on friday.
Thanks in advance

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

No.

You must get your defence in by 4PM friday.
The court timetable over rules everything.
If you dont you will likely get a defaulted judgement.

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

thanks for the quick reply , i'll put my defence in tomorrow ,i'm going to use statute barred as my defence , as i know i have not paid them any money for at least 8 years.

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

I would also add in non compliance with cca request, no DN or assignment. Dont put all your eggs in one basket - just in case
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION]

[Amethyst]

Re: Lowell portfolio county court claim on statute barred debt

Use this example as a starting point for your defence - | Defence Example | and add into that the statute barred defence as well , something like;

x. The Defendant contends that any alledged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that he has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.

But as Warwick says, don't put eggs in one basket and still plead non compliance with the CCA and lack of documentation evidencing their right to collect the debt ref the CPR 31.14 request.

Don't think the £50 M&S voucher will be heading your way very soon though lol.

Also would you recall whether you had PPI with the card ?

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Hi i'm having trouble logging in to the moneyclaim website , i,ve not lost any of the information to log in , but to my annoyance i can't log in i've tried my goverment gate no as my user id and my mcol no as my user id , am i doing something wrong ?

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

Remember it is case sensitive

I know in the past for some reason I have found using the numbers on the right of the keyboard has not worked but using the numbers at the top has.

Log into MCOL using your gateway ID and passowrd then the password on the form for the claim

Can you actually log into MCOL- if not could you try resetting your password?