Lowell Court action

[peterg]

Need a little help please
Back in 2002 I took out a credit card with capital one around 2008 some how I went over my credit limit of 1200

I continued to pay until 2010 when the balance was1800 fast forward this was sold on 2013 to Lowell I disputed the amount and refused to pay more this was defaulted in 2009 with the default going of my credit file in 2015

now Lowell have issued court proceedings for 9 October. I put in a defence that the account is now statute barred but they have sent me a print out not statements saying my last payment was on 28th December2012 I know it was not.

the copy of the agreement is an application form with what looks like pasted signature on it nothing else

bottom line is do I pay or is there anything I can do

thanks in advance

pete

[Amethyst]

Re: Lowell Court action

Morning Peter
Apologies your post got missed over the weekend.

This print out of payments you have received - how much is that final payment, and can you get hold of your bank statement showing those dates ? Is is a few payments up to that date, or just a random one off payment ? Can you see the 2010 payments that you did make ?

If Lowell issued court proceedings in October, presumably your claim has been stayed by the court pending Lowells reponse. They may well apply to lift the stay and proceed with the case now so you need to check out this amount, and look at the documents they have sent you. Are there all the terms and conditions along with the agreement ? Any chance you can redact your personal info, take a photo and upload it to the site?

Did you also include compliance with the CCA/CPR in your defence or JUST the statute barred issue?

[peterg]

Re: Lowell Court action

Hi
Thanks for your reply.

they say the last payment was Dec2011 which was £50 the list which is notb a stateement is a bit misleading as it does not show payments from 2002 till 2010

i never missed a payment i believe it was defaulted due to over limit

lowell issued court claim in april the hearing is october

my defence was statue barred as lowell had not replied to my 31.14 request

have never ignored lowells letters i have been asking them to provide agreement and list of charges applied to my account neither of them have been sent to me

the only thing i have had was a signature strip which looks like its pasted onto a A4 sheet its not even an application form

i have hopefully as requested uploaded this application form

cheers

pete

[MIKE770]

Re: Lowell Court action

the usual one on a fold bit of paper, -- T&Cs not present at inception as per all the others of that time???