County Court Letter from Lowell Portfolio addressed to maiden name

[chil]

Hi,

my wife has been receiving a few letters over the past year addressed to her maiden name, (we have been married for 7 years) and has always ignored them. Today she got a letter in a brown envelope which she decided to open and was faced with a Claim form from Lowell Portfolio in the County Court Business Centre.

We have gone online and done the acknowledgment of service confirmation but don't know what to do now. She doesn't remember owing anything to Lowell, especially in her maiden name. I've attached all the letter received to see if anyone can help with what to do next.

Issue Date: 29 June 2017
Amount approx: £393
Claimant: Lowell Portfolio 1 LTD
Solicitor: Lowell Solicitors Limited
Original Creditor: Lloyds
Particulars of Claim: 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds under account reference ********** )'the Agreement')
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 Claiment on 24/06/2014 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £***.** remains due and outstanding.
And the Claiment claims
a) The said sum of £***.**
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 £*.***, but limited to one year, being £**.**
c) Costs
Is the debt Statute Barred? Don't think so
List any letters you have sent: None
Any Other Info: It is addressed to my wife in her maiden name



Thanks in advance

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If you follow the first steps some you have done First Steps then send a cca request and cpr31. 14 request
CCA Request
CPR 31.14 Request
[MENTION=49370]Kati[/MENTION] can you move this to the right forum please

Just to give more info, when was the last amount paid, when was the account opened and are you in a position to offer some type of payment If you had to?

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If you follow the first steps some you have done First Steps then send a cca request and cpr31. 14 request
CCA Request
CPR 31.14 Request
[MENTION=49370]Kati[/MENTION] can you move this to the right forum please

Just to give more info, when was the last amount paid, when was the account opened and are you in a position to offer some type of payment If you had to?

The only account she had with Lloyds was over 9 years ago and she hasn't had anything to do with it for over 8 years. She is assuming it's that one as it's in her maiden name and we don't have any sort of documents tk do with it.

[charitynjw]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

You say (in your first post) that you don't think this is statute barred.
Why so?

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

You say (in your first post) that you don't think this is statute barred.
Why so?

Because this is the first bit of correspondence that she has opened as it had her maiden name on. It has been over 7 years and this is the first 'brown envelope' that she has had. Would we have needed to do anything before hand to make it statute barred?

[charitynjw]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If the account has not been acknowledged for 7 years, either by payment or in writing by the debtor, a regulated agreement will probably be statute barred.

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If the account has not been acknowledged for 7 years, either by payment or in writing by the debtor, a regulated agreement will probably be statute barred.

Oh ok, I don't know about any correspondence from the debtor as she hasn't opened any mail (not that there was much) in her maiden name. Do you think I should look for a template letter that challenges this? Thanks for the replies.

[charitynjw]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

@Debt Camel has a variety of template letters.
Choose & use.
https://debtcamel.co.uk/tag/old-debts/

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

@Debt Camel has a variety of template letters.
Choose & use.
https://debtcamel.co.uk/tag/old-debts/

That's great thanks, I'll take a look at those tonight.

[Debt Camel]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

You can't use my template letters when you have a Court Claim form! You need to enter a defence to the Claim, not send a template letter about it being statute barred.

It is a shame you didn't use these letters before instead of ignoring letter - the fact they are in your wife's maiden name is irrelevant.

What sort of account was this old Lloyds account? Loan? Credit card? Overdraft?

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

You can't use my template letters when you have a Court Claim form! You need to enter a defence to the Claim, not send a template letter about it being statute barred.

It is a shame you didn't use these letters before instead of ignoring letter - the fact they are in your wife's maiden name is irrelevant.

What sort of account was this old Lloyds account? Loan? Credit card? Overdraft?

Thanks for replying, I was literally on your page looking through the options but if it is too late to send a letter then I will look at the other options.
She thinks it was for an overdraft, it has been so long that she can't really remember.

[charitynjw]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

You can't use my template letters when you have a Court Claim form! You need to enter a defence to the Claim, not send a template letter about it being statute barred.

It is a shame you didn't use these letters before instead of ignoring letter - the fact they are in your wife's maiden name is irrelevant.

What sort of account was this old Lloyds account? Loan? Credit card? Overdraft?

Hi Debt Camel

Apparently an AoS has already been filed, so a defence won't be due till early August.

[Blinkin73]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

As has already been stated, now the case is in the Courts and you have acknowledged service, you will need to serve a defence 28 days after the claim and particulars of service were served on you. The claim was deemed in law, served on your wife 5 days after the issue date even though you got it earlier, so it was served 4th June.

You should serve a defence within 28 days of June 4th and that defence needs to be in a compliant format, Court case number on right hand side, identifying names of Claimant and defendent, Number pages and paragraphs throughout. At the end have a statement of truth. look for example court defences and statements on the net for examples, At the latest send the defenceby signed for delivery 2 days before the 28 days are up. It will be deemed served on 2 days after you post it.

Have a heading of defence, under this out a heading of intro your wife should put her name, dob, then a heading of particulars of defence. As already stated the claim is statute barred if your wife hasnt corresponded with the the bank or its agents for over 6 years. You should put the legislation as stated above re statute barring. as your defence. If your wife disputes she ever owed that the amount stated, that would be your first defence followed by it being statute barred anyway

I understand you can do the defence online. I didnt. I completed the form supplied with the claim in respect of denying the any part of the claim and a document as described above with a heading for a counter claim. To make a defence is free. to issue a counterclaim is not.


At this stage there is no real need to attach evidence, that will come later. Though its worth doing requests for information from the bank now as it may throw up some useful evidence such as there being no correspondence from your wife for over 6 years. This you can file later in the process in her witness statement.

There are lots of posts re how to request information and sample template letters for your to peruse

HTH. Good Luck

[Debt Camel]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If it is an overdraft, then it is less simple to make a case that it is statute barred as without a regular monthly payment there is no clear 'cause of action" to start the 6 years running from. Is the debt on her credit record, in which case is there a default date?

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

If it is an overdraft, then it is less simple to make a case that it is statute barred as without a regular monthly payment there is no clear 'cause of action" to start the 6 years running from. Is the debt on her credit record, in which case is there a default date?

Not sure but I will get her to look. Thanks again