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Hello,
My wife has been chased by Lowell on behalf of Lloyds for an overdraft on an old student account which she hasn't used, paid into, or acknowledged since she left University in 2009, and as best as we can tell, we believe this account to be statute barred.
Through the process of various house moves etc during this time, she has no record on paper of the original default notice, but she has been badgered by a couple of different DCAs about this account for some time (the first being a company working for Lloyds whilst they still owned the debt). I think Lowell may have purchased the debt from another DCA some time after Lloyds sold it on.
The particulars are as below:
Issue Date: 27th September 2016
Amount approx: £2000
Claimant: Lowell Portfolio I Ltd
Solicitor: Lowell Solicitors Limited
Original Creditor: Lloyds
Particulars of Claim: Please type out in full excluding names/account numbers
1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds Banking Group PLC under account reference *********** ('the agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.
3) The Agreement was later assigned to the Claimant on 17/06/2015 and notice was given to the Defendant.
4) Despite repeated requests for payment, the sum of £1,658.05 remains due and outstanding.
And the Claimant claims
a) The said sum of £1,658.05
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 £0.363, but limited to one year, being £132.64
c) Costs
Is the debt Statute Barred? We believe so
List any letters you have sent: None
Any Other Info:
I have responded to the claim online stating that we wish to defend the claim. It looks like the next stage would be for me to send a CPR 31.14 letter to Lowell's solicitors (also Lowells) as in this thread:
http://www.legalbeagles.info/forums/showthread.php?46908-CPR-31-14-Request-for-disclosure-of-specific-information
Is this correct? Is there anything else I need to do at this stage?
From what I have read on this (excellent) forum, we should be able to defend the case as Statute Barred (I think I will need some help with the wording for this) and put the onus on Lowell's to prove otherwise?
Many thanks for any help in advance.
My wife has been chased by Lowell on behalf of Lloyds for an overdraft on an old student account which she hasn't used, paid into, or acknowledged since she left University in 2009, and as best as we can tell, we believe this account to be statute barred.
Through the process of various house moves etc during this time, she has no record on paper of the original default notice, but she has been badgered by a couple of different DCAs about this account for some time (the first being a company working for Lloyds whilst they still owned the debt). I think Lowell may have purchased the debt from another DCA some time after Lloyds sold it on.
The particulars are as below:
Issue Date: 27th September 2016
Amount approx: £2000
Claimant: Lowell Portfolio I Ltd
Solicitor: Lowell Solicitors Limited
Original Creditor: Lloyds
Particulars of Claim: Please type out in full excluding names/account numbers
1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds Banking Group PLC under account reference *********** ('the agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.
3) The Agreement was later assigned to the Claimant on 17/06/2015 and notice was given to the Defendant.
4) Despite repeated requests for payment, the sum of £1,658.05 remains due and outstanding.
And the Claimant claims
a) The said sum of £1,658.05
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 £0.363, but limited to one year, being £132.64
c) Costs
Is the debt Statute Barred? We believe so
List any letters you have sent: None
Any Other Info:
I have responded to the claim online stating that we wish to defend the claim. It looks like the next stage would be for me to send a CPR 31.14 letter to Lowell's solicitors (also Lowells) as in this thread:
http://www.legalbeagles.info/forums/showthread.php?46908-CPR-31-14-Request-for-disclosure-of-specific-information
Is this correct? Is there anything else I need to do at this stage?
From what I have read on this (excellent) forum, we should be able to defend the case as Statute Barred (I think I will need some help with the wording for this) and put the onus on Lowell's to prove otherwise?
Many thanks for any help in advance.
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