WON Claim Received Incorrect Name

**nemesis45** · 5th July 2015, 15:06:PM

Re: Claim Received Incorrect Name

Hi welcome to LB

Is this name "error" just a shortened form of your actual name? It's unlikely to have any effect if so.

You must acknowledge service of the claim and intention to defend. do this online at Money Claim Online (MCOL).

Then a CCA request to Lowell to get a copy of the agreement relating to the account, £1.00 statutory fee to pay: ( use a cheque or postal order clearly endorsed " For Statutory Fee Only": Lowell has 12 + 2 Working days to comply: use signed for post.

Then a request made under Civil Procedure Rule 31.14 ( CPR 31.14) for all the documents mentioned in the Particulars of the Claim in your case The Agreement, The Notice of Assignment, and the Default Notice. This goes to Carter No Fee payable. a 7 day time scale applies. Carter is likely to decline as the case " will most likely be allocated to the small claims track". We can deal with that if and when it happens.

As to the SB status some assistance my be achieved by checking credit reference file to find the default date it's Not absolute proof just a guide.

If there has been no payment or unequivocal written acknowledgment made to the debt in the 6 year period up to the date the claim was issued the debt may well be statute barred. i.e. no payment to any party regarding the debt.

Dig around see if you can check on your last payment date of that + 1 month is the easiest way to assess SB status.

nem

**Proceed** · 5th July 2015, 15:36:PM

Re: Claim Received Incorrect Name

Wow thanks for a speedy response Nem, and thanks for the welcome.

You are correct in your shortened name assumption.

I don't know if this is relevant but I have never acknowledged any contact from Lowells in this matter previously having moved around abroad for some time.

I know I wont have any statements from back then. So seing as I have a few days grace ATM I'll check credit reference file before sending the letters you suggest. I presume that is done at equifax or experian, is that correct?

**nemesis45** · 5th July 2015, 15:50:PM

Re: Claim Received Incorrect Name

Originally posted by Proceed View Post

Wow thanks for a speedy response Nem, and thanks for the welcome.

You are correct in your shortened name assumption.

I don't know if this is relevant but I have never acknowledged any contact from Lowells in this matter previously having moved around abroad for some time.

I know I wont have any statements from back then. So seing as I have a few days grace ATM I'll check credit reference file before sending the letters you suggest. I presume that is done at equifax or experian, is that correct?

The CCA & CPR should go off asap.
Yes both Equifax and Experian also Noddle free online from Call Credit.

nem

**FlamingParrot** · 5th July 2015, 19:47:PM

Re: Claim Received Incorrect Name

Below are the first steps to be taken upon receipt of a claim (with links to the appropriate posts where you will find the letters).

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Instructions for acknowledging the claim can be found here: http://www.legalbeagles.info/forums/...313#post499313 :typing:

Any questions just shout.

**Proceed** · 5th July 2015, 21:32:PM

Re: Claim Received Incorrect Name

Thanks for those useful links FlamingParrot, Is the aim here that they end up in default by not providing the documents in time so I can get it struck off if thats the correct term?

**FlamingParrot** · 5th July 2015, 22:12:PM

Re: Claim Received Incorrect Name

Originally posted by Proceed View Post

Thanks for those useful links FlamingParrot, Is the aim here that they end up in default by not providing the documents in time so I can get it struck off if thats the correct term?

Well, it's not as easy as that. The courts see strike out as a last resort to be applied only where there's no other avenue left. The idea is that if they don't supply the documents, you file a generic defence based around the fact you haven't got the paperwork required to assess your situation. If the claim progresses, it will reach a point where the court will give directions including the disclosure of documents they intend to rely on. A number of claims fall down because they are unable to come up with the goods and end up having to discontinue.

ray:

With regards to the CCA request, non-compliance with it is a bar to enforcement, albeit only while the breach remains. For that reason, there's no need to chase this request but you should chase the CPR request.

With regards to your card, was it an MBNA card from the start or was it something else that got bought by MBNA? Not many MBNAs have been sold to Lowell, Arrow used to be their favourite debt purchaser.

**jon1965** · 5th July 2015, 22:14:PM

Re: Claim Received Incorrect Name

That would be my aim, or to find that the documents such as the NOA or DN were so faulty as to be useless

The uphill challenge you have here, IMO is that if they can comply with your S78 request , even if the agreement is faulty but the other documents were OK then it is more than likely you would lose, there are ways to avoid a CCJ if needed.

Having said that, not that long ago I know of two people who did the above even though they had compliant CCA requests from previously and had the claimed stayed and I think finally struck out because the other side couldn't come up with the goods. So good luck

**Proceed** · 7th July 2015, 16:37:PM

Re: Claim Received Incorrect Name

#FlamingParrot, It was an MBNA Card from the start.

Hope Im not being dumb, Am I right in thinking I can ask for all four of these based on their claim above?
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

and what date should go here:> To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2015.

---------
Incidentally I spoke to my local free clinic about this, they were of little to no help, other than to suggest I just put in my defence saying I think its statute barred but if I lost I would incur extra costs.

So far I can't get a date for my last payment to MBNA. I have never had any contact or admited any liability nor have I been served with default papers as Lowells claim suggests.

But is was assigned according to the claim form on 30/09/09 I would have thought I should have missed at leat two payments before it got assigned??

**jon1965** · 7th July 2015, 16:40:PM

Re: Claim Received Incorrect Name

It can be assigned at any time. I know I was making min payments to one when it was assigned

**FlamingParrot** · 7th July 2015, 19:04:PM

Re: Claim Received Incorrect Name

Originally posted by Proceed View Post

#FlamingParrot, It was an MBNA Card from the start.

Hope Im not being dumb, Am I right in thinking I can ask for all four of these based on their claim above?
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Not dumb at all, it's always better to ask than to get it wrong. :thumb:

You're right about the first three, however, I don't see any mention of a formal demand in the particulars of claim so I'd leave that one out.

Originally posted by Proceed View Post

Particulars of Claim:
THE CLAIMANTS CLAIM IS FOR THE SUM OF xxxx.xx, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND MBNA Europe Bank Ltd, UNDER ACCOUNT REFERENCE (LOWELL AC NO) AND ASSIGNED TO THE CLAIMANT ON 30/09/2009 , NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

AND THE CLAIMANT CLAIMS £xxxx

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO xxxx.xx

Originally posted by Proceed View Post

and what date should go here:> To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2015.

The date would be 33 days from date printed on claim. If it was the 1st of July then it would be the 3rd of August: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Originally posted by Proceed View Post

Incidentally I spoke to my local free clinic about this, they were of little to no help, other than to suggest I just put in my defence saying I think its statute barred but if I lost I would incur extra costs.

They are wrong, costs are hardly awarded in the small claims track save for exceptional cases where one of the parties has behaved unreasonably. Defending on the basis of it being SBd can hardly be considered unreasonable and virtually all money claims below £10k are allocated to the small claims track. :thumb:

Originally posted by Proceed View Post

So far I can't get a date for my last payment to MBNA. I have never had any contact or admited any liability nor have I been served with default papers as Lowells claim suggests.

But is was assigned according to the claim form on 30/09/09 I would have thought I should have missed at leat two payments before it got assigned??

Probably a few more than that, although there are no hard and fast rules regarding the sale of debts (I've never had a notice of assignment for my own MBNA card, defaulted Jan 2010), it shouldn't have been assigned before they'd issued a default notice and given you the required time to remedy the breach. MBNA would probably pass it to their own Debt Clear Recoveries and Investigations before selling it.

- - - Updated - - -

Originally posted by jon1965 View Post

It can be assigned at any time. I know I was making min payments to one when it was assigned

That would be if the entire card portfolio was sold, like when MBNA took over the A&L cards, mine was still a live account, or the Egg cards being sold to Citi then Barclays.

If you are still making minimum payments yours would be a live account and not a delinquent account which is what debt purchasers buy.

**Proceed** · 13th July 2015, 13:01:PM

Re: Claim Received Incorrect Name

Bit of an update....

Finally got access to credit reports from Equifax, Experian and Noddle (Experian took ages to give me access)

Huge disparity of information there.

Experian “The Credit Expert” scores me 961 out of 999 The only details they have on me is a minor credit card and attached bank account which I currently use daily. Nothing else.

Noddle seem to have all the information.

Equifax, had all the bad stuff and scored me “Poor” (I know I’m poor)

Curiously the one from Lowell (subject of this thread) that WAS in there is today missing from Equifax; any ideas why that may be?

Theres also one from Capquest (don’t know them) may have been assigned from Halifax Card?

And one from a NW bank account delinquent since Feb 09

There are a few others almost certainly SBd, what happens if you hear nothing from them, do they drop off the end over time?

**FlamingParrot** · 13th July 2015, 18:17:PM

Re: Claim Received Incorrect Name

Originally posted by Proceed View Post

Bit of an update....

Finally got access to credit reports from Equifax, Experian and Noddle (Experian took ages to give me access)

Huge disparity of information there.

Experian “The Credit Expert” scores me 961 out of 999 The only details they have on me is a minor credit card and attached bank account which I currently use daily. Nothing else.

Noddle seem to have all the information.

Equifax, had all the bad stuff and scored me “Poor” (I know I’m poor)

Not all creditors report to all the CRAs, which would explain the disparities. Also bear in mind that your credit score is only visible to yourself. Other companies conducting searches don't get to see the data in the same way, each lender plugs in to the CRA data using their own software. In some cases they may only search the past three years.

Originally posted by Proceed View Post

Curiously the one from Lowell (subject of this thread) that WAS in there is today missing from Equifax; any ideas why that may be?

If the default date was over six years ago, it would have dropped off.

Originally posted by Proceed View Post

Theres also one from Capquest (don’t know them) may have been assigned from Halifax Card?

Very likely, the new account owner is supposed to update the CRA records but leave the default date intact.

Originally posted by Proceed View Post

And one from a NW bank account delinquent since Feb 09

If the default date was Feb 2009, it should not longer be showing. It could be that it wasn't defaulted at that point, they may have reported it as being in arrears for a while. :mmph:

Originally posted by Proceed View Post

There are a few others almost certainly SBd, what happens if you hear nothing from them, do they drop off the end over time?

Yes, all defaults should drop off six years after they were recorded, however, although the limitation period for SB is also six years, they dates don't usually correspond exactly. Sometimes defaults are recorded several months after missing a payment and people often make reduced or token payments or pay through a DMP after default. With overdrafts, the clock only starts to run when the bank sends a formal demand recalling the overdraft.

**nemesis45** · 13th July 2015, 18:34:PM

Re: Claim Received Incorrect Name

Originally posted by Proceed View Post

Bit of an update....

Finally got access to credit reports from Equifax, Experian and Noddle (Experian took ages to give me access)

Huge disparity of information there.

Experian “The Credit Expert” scores me 961 out of 999 The only details they have on me is a minor credit card and attached bank account which I currently use daily. Nothing else.

Noddle seem to have all the information.

Equifax, had all the bad stuff and scored me “Poor” (I know I’m poor)

Curiously the one from Lowell (subject of this thread) that WAS in there is today missing from Equifax; any ideas why that may be?

Theres also one from Capquest (don’t know them) may have been assigned from Halifax Card?

And one from a NW bank account delinquent since Feb 09

There are a few others almost certainly SBd, what happens if you hear nothing from them, do they drop off the end over time?

All defaulted accounts are removed from credit files on the 6th anniversary of the default date, Paid or Not.
Capquest Investment is a debt purchaser.
Not all creditors report to all the agencies, one or two may even use a different agency for another financial product.

nem
nem

**Proceed** · 15th July 2015, 15:15:PM

Re: Claim Received Incorrect Name

Hi Guys,
Appreciate your help with this.
So the expected response from Carters has arrived today and I respond with this>

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

ETC, ETC

Yours sincerely

Your Name

Am I correct in my assumption that claimants name will always be lowells even though sending the above response to carters??

WON Claim Received Incorrect Name