*** WON *** 603090555 vs Lowell Portfolio LTD

[603090555]

Hi guys I originally posted back in May (http://legalbeagles.info/forums/show...well)&p=732426) and I’m a little concerned. So I’m at the stage where I put in my defence for statute Barred and have been offered mediation (response required by 26th). Just got my SAR from Lloyds and 3 mysterious payments are showing in my history of £9.33 putting me a day short of the statute Barred period from the issue date of Lowell’s claim.

The only bank account I had at the time as Lloyds was closed was Halifax which I still have active and shows no record of these payments. What should my next steps be in terms of mediation given this information - starting to really panic now - also apologies if I haven’t provided enough information.

[charitynjw]

Re: 603090555 vs Lowell Portfolio LTD - continued

If it were me I'd write to Lowells (probably via the nominated solicitor) & ask for details of these payments (When made, who by, method/reference number of payment etc.).
As always, get proof of postage.

[603090555]

Re: 603090555 vs Lowell Portfolio LTD - continued

So as the detail came from Lloyds is it in my interest to engage Lowell or would it just give them ammo? The payment was made from Moorcroft apparently (3 x £9.33) however the only active account I had at the time with Halifax shows no record of these transactions and due to the timeframes I have contacting Moorcroft for a SAR wouldn’t get back to me in time.

[MIKE770]

Re: 603090555 vs Lowell Portfolio LTD - continued

get them to prove how paid/by whom/ bank account sort code/account name./ postal oredr no/ , Moorcroft to supply details how/when/etc etc as well

moorcroft is only a collector they do no own debt they work for companies as colletion agents (if they are lucky) more so they get ignored by peeps as they are commission agents.

Phanton payments come to mind???

[603090555]

Re: 603090555 vs Lowell Portfolio LTD - continued

So referring back to my Harrington Brooks DMP payments - these payments were intact delayed from me paying HB to them passing back via Moorcroft who then passed back to Lloyds. The actual payment date from my side was 14th April - close to a month outside of the Statute Barred period (so 6 years and 23 days).

[Amethyst]

Re: 603090555 vs Lowell Portfolio LTD - continued

Your last payment was made on 14th April and the claim was beginning of May. Do you know if the account had defaulted before you went into your DMP with HB ? If it had already defaulted before setting up the payment arrangement the you might get away arguing statute barred - however if it was just on hold and not defaulted then you would have a bigger argument as there's usually a period of one or two months missed payments before cause of action according to the terms of the account.

This was for a Lloyds overdraft that I went into an unnaranged overdraft by £50 for just before I lost my job at the time. Due to older bank fees it escalated over 2 years to around 2k.

You sent a SAR off didn't you ? Did you get transaction lists back and can figure out what was actual spends and what was interest and charges ?

[603090555]

Re: 603090555 vs Lowell Portfolio LTD - continued

Your last payment was made on 14th April and the claim was beginning of May. Do you know if the account had defaulted before you went into your DMP with HB ? If it had already defaulted before setting up the payment arrangement the you might get away arguing statute barred - however if it was just on hold and not defaulted then you would have a bigger argument as there's usually a period of one or two months missed payments before cause of action according to the terms of the account.



You sent a SAR off didn't you ? Did you get transaction lists back and can figure out what was actual spends and what was interest and charges ?

It was well past default at this stage I have the default date in the house so will dig it up. Also have the SAR from Lloyds so will be able to work put total interest charges when I get back. Declined mediation and expect to have to go to court.

[Amethyst]

Re: 603090555 vs Lowell Portfolio LTD - continued

Could be important.

Do you know when you started the account with Lloyds originally ?

Do you recall what kind of account it was ? ( so I can try find the relevant terms ) Bank terms were updated quite often so would also need to know approx dates the overdraft went out of control - 2010 ?? and what terms there were in force at that time. ( I only have a copy of 2014 on here atm )

[603090555]

Re: 603090555 vs Lowell Portfolio LTD - continued

Hey guys hopefully the final update on this one. Was sent a request for my Witness Statement under the assumption I was going to have to fight this in court (for which I was prepared). Received the following in the post today from Lowell Solicitors:

”We are instructed to discontinue the above Claim and accordingly enclose a copy of the Notice of Discontinuance today filed at court. Out client has taken this decision on a commercial basis without prejudice to its position that the claim was properly issued in respect of a legitimate debt.

The Notice of Discontinuance brings all legal proceedings to an end.”

a) Does this mean I technically (without them admitting it) defended without the need for court.
b) Am I wise to still get my witness statement in by the deadline as a precaution?

[Amethyst]

Re: 603090555 vs Lowell Portfolio LTD - continued

Wicked !

Yes, pretty much means you Won !

When's your WS due in ? I'd give the court a call Monday to just double check they have the Notice of Discontinuance - if the court have it then no need to worry about your WS....as the case is over.

Congratulations xxx

[603090555]

Re: 603090555 vs Lowell Portfolio LTD - continued

Wicked !

Yes, pretty much means you Won !

When's your WS due in ? I'd give the court a call Monday to just double check they have the Notice of Discontinuance - if the court have it then no need to worry about your WS....as the case is over.

Congratulations xxx

I will do and just want to say thank you to everyone who posted advice whether I was a good poster or not haha. You guys are absolute legends.

Weirdly even though I would have preferred not to have Debt letters I am thankful I got to learn something about the court process through this. Every cloud...

Oh and 29th of this month was the WS date.