Court Action is it compliant?

[joshua09]

Lowell's court action - help required

10th October 2022, 00:20:AM
Lowell have issued court action against me through Overdales.
I have been through the pack and I have issued a defence based on the fact that they have got an incorrect address and allegedly issued a default notice against me to that address(screenshot provided in the evidence).
Looking through statements there are lots of discrepancies.
In their witness statement they have stated that Lloyds supplied me with a default notice in October 2010 however the screenshot they are using to prove this is dated February 2010.
On the statements provided in the evidence bundle, it shows that three months payments (October was missed, paid November but didn't pay December and January ) were missed before a default notice was issued. Would this constitute a compliant default notice as I think it should be between three and six months missed payments, and do they have to be consecutive months missed ?
I have a letter after that asking for the payments in February and March to settle the arrears, could this be used to show that the fulfilment of the default requirements was met?

[MIKE770]

when was the last payment made? and when was the last contact with anybody regarding alledged debt

[joshua09]

Overdales claim last payment was made on the 17 July 2017 but have provided no proof of this other and no contact has been acknowledged for over 6 years also overdales have failed to provide a default notice but have provided a screen shot saying it was issued on the 02 02 2009 in there court witness statement they have stated the default notice was issued on the 02 10 2010

[MIKE770]

echat11 may comment here?

[MIKE770]

Statute barred comes to mind?

[joshua09]

What about default notice dates?

[atticus]

If last payment was July 2017, i.e. within the last 6 years, the claim is not statute barred.

[joshua09]

There is no proof of any payment and I don't believe any payment has been made

[atticus]

A statement of account is usually evidence that a payment has been made. Are you suggesting otherwise? If so, I suggest that you submit an SAR, specifically to see the statement of account.

[joshua09]

The statement of account provided is from 2006 to 2010 there is proof of any payments after August 2010

[joshua09]

There is no proof of any payments, after August 2010

[echat11]

a) 'Overdales claim last payment was made on the 17 July 2017 but have provided no proof of this other and no contact has been acknowledged for over 6 years'

Send your bank(s) a SAR request, to see if any payments were made on 17th July 2017., If none has been made and there has been no written communications for 6 years, then the debt is statute barred.

b) 'overdales have failed to provide a default notice but have provided a screen shot saying it was issued on the 02 02 2009 in there court witness statement they have stated the default notice was issued on the 02 10 2010'

You should have been defaulted after you missed 3 payments, so that would have been December, January, February, so February 2010 sounds right. So that is the correct one.

It sounds like there are errors in their Witness Statement and your postings, in bold.

In their witness statement they have stated that Lloyds supplied me with a default notice in October 2010 however the screenshot they are using to prove this is dated February 2010.

screen shot saying it was issued on the 02 02 2009 in there court witness statement they have stated the default notice was issued on the 02 10 2010

[joshua09]

Sorry my mistake in there witness statement they say default was issued 02 10 2010
The screenshot they are using says 02 02 2010 the address on the screen is not the correct address payments missed were October december and Jan November's payment was made

[echat11]

a) my mistake in there witness statement they say default was issued 02 10 2010

It might just be an admin error on their part, but needs pointing out during the Hearing.

b) The screenshot they are using says 02 02 2010 the address on the screen is not the correct address

Again, you can argue if they sent a default notice, they have sent it to the wrong address, needs pointing out during the HearIng.

c) payments missed were October december and Jan November's payment was made

They are entitled to default you because, although you made a payment in November, you then missed December and January, before that October. Use the Internet Archive to search for the Terms and Conditions.

[joshua09]

What is a no third party rights clause in the terms and conditions they have sent