Lowell Solicitors v Emmbee

[EmmBee]

I'm new to the site and only really need a short bit of information please - but hi everyone!

My confusion lies with what constitutes a debt being statute barred and when this date starts from? I have spoken to a few debt companies, but they are telling me different things than Lowell is. Debt companies say this is Statute Barred - Lowell say it isn't.

Does it start from the date of any last payment or when a default was issued?

Received a claim - Yes
Issue Date: - 19th May 2017
Amount approx: - 400.00
Claimant: Lowell Solicitors Limited
Solicitor: - See above
Original Creditor: - JD Williams
Particulars of Claim:

1) The defendant entered into a Consumer Credit Act 1974 Regulated Agreement
with JD Williams under account reference *********
2) The Defendant failed to maintain the required payments and a default notice
was served and not complied with.
3) The Agreement was later assigned to the Claimant on 20/12/2012 and notice
given to the Defendant
4) Despite repeated requests for payment, the sum of £301.72 remains due
and outstanding.

And the claimant claims
a) The said sum of £301.72
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum
from the date of assignment to the date of issue, accruing at a daily rate of £0.066,
but limited to one year, being £24.14
c) Costs.

List any letters you have sent: - None yet

Any Other Info:

According to a phone call with them where I specifically did not acknowledge this, I have these dates:

Last payment made - 12th April 2011
Default Issued - 4th January 2012

Any help is appreciated so I can get this dealt with - thank you.

[pt2537]

Re: Lowell Solicitors v Emmbee

I'm new to the site and only really need a short bit of information please - but hi everyone!

My confusion lies with what constitutes a debt being statute barred and when this date starts from? I have spoken to a few debt companies, but they are telling me different things than Lowell is. Debt companies say this is Statute Barred - Lowell say it isn't.

Does it start from the date of any last payment or when a default was issued?

Received a claim - Yes
Issue Date: - 19th May 2017
Amount approx: - 400.00
Claimant: Lowell Solicitors Limited
Solicitor: - See above
Original Creditor: - JD Williams
Particulars of Claim:

1) The defendant entered into a Consumer Credit Act 1974 Regulated Agreement
with JD Williams under account reference *********
2) The Defendant failed to maintain the required payments and a default notice
was served and not complied with.
3) The Agreement was later assigned to the Claimant on 20/12/2012 and notice
given to the Defendant
4) Despite repeated requests for payment, the sum of £301.72 remains due
and outstanding.

And the claimant claims
a) The said sum of £301.72
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum
from the date of assignment to the date of issue, accruing at a daily rate of £0.066,
but limited to one year, being £24.14
c) Costs.

List any letters you have sent: - None yet

Any Other Info:

According to a phone call with them where I specifically did not acknowledge this, I have these dates:

Last payment made - 12th April 2011
Default Issued - 4th January 2012

Any help is appreciated so I can get this dealt with - thank you.

Hi there

Do you have a copy of the agreement in your possession? If not, have you requested it from the creditor?

The question of limitation ie statute barring can be tricky, if the contract allows the creditor to demand immediate payment of the debt then you could argue that the last payment was when the limitation clock runs, but equally there is an argument that suggests that the limitation clock runs from where the default notice was served.

Id suggest making a request under CPR 31.14 , the templates are at the top of this thread as you will need all other documents mentioned in the Claim in any event.

[EmmBee]

Re: Lowell Solicitors v Emmbee

Thank you - I have not yet asked for anything other than dates, so I will do that as soon as possible.

So from what I understand you said, if the credit agreement states that they can ask for immediate payment upon one being missed, that could qualify me to argue that the limitations started from the date of the last payment?

Having the court claim form now, and banking on them not being quick to return details of such a request, what's the best order to acknowledge service, defend myself etc? The time limits are a little tight?

[pt2537]

Re: Lowell Solicitors v Emmbee

Thank you - I have not yet asked for anything other than dates, so I will do that as soon as possible.

So from what I understand you said, if the credit agreement states that they can ask for immediate payment upon one being missed, that could qualify me to argue that the limitations started from the date of the last payment?

Having the court claim form now, and banking on them not being quick to return details of such a request, what's the best order to acknowledge service, defend myself etc? The time limits are a little tight?

If you go to the top of the thread you will see a number of links to the various letter templates and first steps etc, these should guide you through but if you need to ask any questions just holler and we will try to help

[Joanna C]

Re: Lowell Solicitors v Emmbee

Having the court claim form now, and banking on them not being quick to return details of such a request, what's the best order to acknowledge service, defend myself etc? The time limits are a little tight?

Send the CPR 31.14 request. Then file that acknowledgment of service within 19 days of the date of issue of the claim form (14 days plus 5 days service). This extends the time for filing a defence until 33 days from the date of issue of the claim form (28 days plus 5 days service).

[Joanna C]

Re: Lowell Solicitors v Emmbee

So from what I understand you said, if the credit agreement states that they can ask for immediate payment upon one being missed, that could qualify me to argue that the limitations started from the date of the last payment?

No you can't rely just on that as we have had court cases where the court has ruled for but also cases where the court has ruled against on the basis that the claimant can't terminate under the Consumer Credit Act without serving a default notice. Its down to the individual District Judge on the day,

It would be sensible to file a defence also referring to any assignment issues and consumer credit breaches.