Please help out a confused idiot

[Guest]

Hi

i have been looking through the forum for a couple of weeks now trying to work out what I do regarding a county Court claim I received 22/10/18 from Lowell solicitors re an old Lloyd’s loan taken out in 2007

i defaulted on my payments and it got sent to debt collections, the lady used to collect from my house but one day just stopped coming so I presumed it was paid back so thought no more of it, 2 years ago all traces of the debt disappeared from my Experian account and we were able to get a mortgage 6 months ago

I have acknowledged the claim on moneyclaim and have sent letter off to Lowell solicitors (I found a template on here).

I have had a reply from them this morning with 2 letters inside, 1 dated July 2017 introducing Lowell Portfolio saying they have bought my debt in 2015, the other is dated the same date and is informing me that Lloyd’s bank has assigned all rights to Lowell Portfolio (printed on I headed paper so not sure if it’s from Lloyd’s or from Lowell.

lowell solicitors are also claiming I made a payment in 2014 to the original creditors (am I wrong in thinking this would be Lloyd’s) so my claim of statute barred is denied, they haven’t provided any evidence of the payment and I’m pretty sure the last payment I made on the account was 2011/2012, please advise where I go from here as the stress of it all is really starting to get to me now I’ve not had a good nights sleep in weeks worrying about it as we only bought our house 6 months ago

thanks for taking the the time to read and I hope I am making sense

[Amethyst]

Was this definitely Lloyds? Just as they don't do doorstep collections ... so I'm wondering if you had a provident loan as well ?

can you post the particulars of claim pls

[Slepless88]

Sorry I should have stated that she was from a collection agents (Moorecroft I think it was) I had a couple of debts and she was helping me get them all in order, she collected from me and made payments to creditors

[Slepless88]

Particulars of claim

1) The defendant opened a Lloyd’s (unsecured Loan) regulated consumer credit account December 2007

2) in breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated

3) the agreement was later assigned to the claimant November 2015 and written notice given

4) despite repeated requests for payment the balance of xxxx remains due and outstanding, the claimant claims
a) the said sum
b) interest pursuant to s69 count courts act 1984 at the rate of 8% per annum
c) costs

[Amethyst]

Do you remember what year that was that you paid Moorcroft ? Would that have been 2014 ( and thus the payment Lowell are talking about ) - it sounds like the Loan defaulted in 2011 ( if it fell off your credit file last year ), so it will depend whether you paid Lloyds via Moorcroft after Oct 2012 whether it is statute barred.

You sent a CCA request to Lowell and they haven't provided an agreement as yet - only notices of assignment and a random contention that you made a payment in 2014 ( did they say how much the payment was ? ) ?

You've got a couple weeks left to sort out a file your defence. It might be worth, if you haven't already, sending a Subject Access Request to Lloyds.
Subject Access Request Letter

[Slepless88]

They claim the payment was for £10, which I find strange as my payments to Moorecroft were never £10 a month

if my memory is correct my last payments via Moorcroft were around June/July 2012

I will fire off the subject Access Request now and get it posted out tomorrow morning

if my court letter is dated 22/10/18 and I recurved it/acknowledged it on 24/10/18 when do I need to enter my defence by please?

thanks for helping me and I hope I don’t become a pain with all my questions etc

[Slepless88]

Can anyone help please?

[Ms Anonymous]

Hi,

On the claim form, there should be a date of issue. From
the date of issue, after two working days you have 14 days to file the AOS (acknowledgment of service).

If im correct, you have a further 14 days to file your defence unless you request a defence extension from the claimant (up to a maximum of 28 days) but you would need to provide good reasons as to why. The claimant is also well within thier rights to refuse the extension.

I hope this helps.