Lowell/Lloyds TSB/BW Legal

[Bigsis]

I am seeking advise for my son. He received letter from BW Legal dated 21/1/14 on Saturday. They are instructed by Lowell Portfolio to recover £1720.89. Original creditor is Lloyds TSB and they quote an account number. They say he must pay within 14 days from date of letter.

He did a credit search with Expedia tonight, nothing on there refers to Lloyds or Lowell. He'll check Experian tomorrow. He did have a Lloyds acct, but no longer has any statements. He can't remember the last time he used the acct, probably back in his student days. It may be relating to an over draft, but not sure.

The Lloyds acct was originally under the home address, he then went to university in London and lived in various house shares over 3 years. He then worked in London and again lived in multiple house shares. Came back home for a year and now living in Cambridge for just over a year. We have not had any letters here and this is the first one he has had.

Does he send the "I Do Not Acknowledge the Debt" letter or does he jump to the "CCA S77 Request". They are threatening legal proceedings leading to a CCJ.

Many thanks

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

Can you post up the letter without his personal details on it please ?

M1

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi M1

Thanks for your response, can you bear with me until tomorrow, as my son needs to take letter to work to scan it and email it to me.

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

I am seeking advise for my son. He received letter from BW Legal dated 21/1/14 on Saturday. They are instructed by Lowell Portfolio to recover £1720.89. Original creditor is Lloyds TSB and they quote an account number. They say he must pay within 14 days from date of letter.

He did a credit search with Expedia tonight, nothing on there refers to Lloyds or Lowell. He'll check Experian tomorrow. He did have a Lloyds acct, but no longer has any statements. He can't remember the last time he used the acct, probably back in his student days. It may be relating to an over draft, but not sure.

Any idea how long ago all this was? Defaults drop off after 6 years, so it's possible this may have been defaulted over 6 years ago. If no payments or written acknowledgments have been made, then it could well be statute barred.

The Lloyds acct was originally under the home address, he then went to university in London and lived in various house shares over 3 years. He then worked in London and again lived in multiple house shares. Came back home for a year and now living in Cambridge for just over a year. We have not had any letters here and this is the first one he has had.

Does he send the "I Do Not Acknowledge the Debt" letter or does he jump to the "CCA S77 Request". They are threatening legal proceedings leading to a CCJ.

The CCA request would not apply if it was an overdraft. However, from what you say above, it looks like this may be SBd, given the timings described above. If that's the case, you'd just send the SBd letter instead.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi Flaming Parrot

Thank you for your input. Unfortunately due to work commitments my son has not had a chance to do Experian check yet, just curious to see if that shows up anything. Equifax had no mention of Lloyds TSB or Lowells. He can't remember all the addresses he has lived at over the last 10 years. Also can't remember much about this Lloyds TSB debt, so don't know if it is SBd, but its quite possible. He'll post up the letter tomorrow for to have a look at.

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

Hi Flaming Parrot

Thank you for your input. Unfortunately due to work commitments my son has not had a chance to do Experian check yet, just curious to see if that shows up anything. Equifax had no mention of Lloyds TSB or Lowells. He can't remember all the addresses he has lived at over the last 10 years. Also can't remember much about this Lloyds TSB debt, so don't know if it is SBd, but its quite possible. He'll post up the letter tomorrow for to have a look at.

While it's true that not everything is always reported to all the CRAs, meaning the data held by one may not match the other, if the default was recorded over six years ago, it will not show on any of them.

If he was to send the SBd letter, it will be up to THEM to show it isn't, for example, by providing statements showing money paid into the current account less than six years ago. If they can't do this, they can't argue it's not. It's not up to him to go out of his way to conduct a full investigation into the history of the account, it's up to Lowell to do that. :thumb:

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

He did have a Lloyds acct, but no longer has any statements. He can't remember the last time he used the acct, probably back in his student days. It may be relating to an over draft, but not sure.

The Lloyds acct was originally under the home address, he then went to university in London and lived in various house shares over 3 years. He then worked in London and again lived in multiple house shares. Came back home for a year and now living in Cambridge for just over a year. We have not had any letters here and this is the first one he has had.

Does he send the "I Do Not Acknowledge the Debt" letter or does he jump to the "CCA S77 Request". They are threatening legal proceedings leading to a CCJ.

What sort of account number are they quoting? Current accounts are 8 digit numbers while credit cards are 16 digits. Surely he'd know whether he also had a credit card or a loan in addition to the current account. :noidea:

If it was just the current account, then it would have to be for an overdraft, in which case s.77 wouldn't apply, s.77 relates to loans, s.78 to credit cards. Overdrafts are not covered.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Its 14 digits, which looks like its the 4 digit sort code and 8 digit account number, all written as one. So it probably is an overdraft, as he didn't have a credit card or loan. So he'll send off the SB'd letter - I guess to BW Legal or does he need to send a copy to Lowell as well?

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Help please

Sent SB'd letter to BW Legal on 5/2/14 and got proof of postage, but have heard nothing from them.

My son rec'd Claim Response pack from NCC yesterday dated 12/2/14. Claimant Lowell, address for documents BW Legal, signed by Alison Duckworth. Amount now £1807.15, court fee £75, Sols costs £80 = £1962.15

Can he ring Lloyds TSB to find out the default date but obviously don't want to restart the SB clock. Just want to be sure its definately SB'd. Feeling very nervous about this now. How does he respond to claim?

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

Help please

Sent SB'd letter to BW Legal on 5/2/14 and got proof of postage, but have heard nothing from them.

That doesn't make much difference now they've issued a claim.

My son rec'd Claim Response pack from NCC yesterday dated 12/2/14. Claimant Lowell, address for documents BW Legal, signed by Alison Duckworth. Amount now £1807.15, court fee £75, Sols costs £80 = £1962.15

Can he ring Lloyds TSB to find out the default date but obviously don't want to restart the SB clock. Just want to be sure its definately SB'd. Feeling very nervous about this now. How does he respond to claim?

Ringing wouldn't restart the clock, it has to be written acknowledgment. The clock stopped at the time proceedings were issued anyway. :clock:

What he has to do is acknowledge the claim and state intention to defend in full. He's got 14 days + 5 for service to acknowledge, that gives him a further 14 days (total of 28 + 5) to submit a defence.

Lowell seem to be issuing a lot of claims for SBd/borderline SBd accounts.

You may want to look at this thread, which is similar: http://www.legalbeagles.info/forums/...ht=#post411474

To find out when the last payment was made, he can send a Part 18 request as below. This should be sent recorded delivery to BW Legal, who should respond in 14 days.

IN THE xyz county court
CLAIM NO:


BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XYZ (claimant)

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. Please provide a copy of statements showing the date of the last payment made into this account.

[INSERT OTHER QUESTIONS HERE IF RELEVANT]

Yours faithfully

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

Its 14 digits, which looks like its the 4 digit sort code and 8 digit account number, all written as one. So it probably is an overdraft, as he didn't have a credit card or loan. So he'll send off the SB'd letter - I guess to BW Legal or does he need to send a copy to Lowell as well?

If it was an overdraft, the CCA request wouldn't apply, but he should send the following request under CPR 31.14 to BW Legal (recorded delivery). They should respond in 7 days.

Dear Sir or Madam,

Re: xxx (claimant) v yyy (defendant)

Case No:

CPR 31.14 Request

On xx/xx/xxxx I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The agreement/overdraft facility confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
3. Notices of Sums in Arrears under running account credit CCA2006 sec 86C.
4. Notice of Assignment.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence as required under CPR15.5.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Thanks FP for getting back to me so quickly last night, after reading your posts I typed up those letters and then my internet crashed, still a bit hit and miss.

Can I just ask is it ok to post both letters together in same envelope (so its one recorded letter) and what should he put in his Claim
acknowledgement. Just don't want to get anything wrong.

[FlamingParrot]

Re: Lowell/Lloyds TSB/BW Legal

Thanks FP for getting back to me so quickly last night, after reading your posts I typed up those letters and then my internet crashed, still a bit hit and miss.

Can I just ask is it ok to post both letters together in same envelope (so its one recorded letter)

You could put them in one envelope and that would certainly save you some money. The only issue I can see with that, is that they can say they only received ONE of the two letters, whichever one they choose, and you have no way to prove there were two in the same envelope. If may sound like splitting hairs, but it happened to another LB member who posted their experience yesterday:

So.... The advice I have received through this site has on the whole been very good. I made a couple of errors and one piece of advice received here was not quite right. In my case I received two claims (Two defaulted accounts) I made the mistake of sending a response to both cases back to the solicitor involved in the same envelope. This went recorded delivery so I know it was received, however they claimed to have only received one letter. They were either inept in their mail handling or simply dishonest, I am uncertain of which.

and what should he put in his Claim
acknowledgement. Just don't want to get anything wrong.

He should tick the box that says he intends to defend the claim in full. There is no need to say anything else at this stage, not until a defence is submitted.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Ok I'll send them separately, many thanks

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

You could also add to the bottom of each "also enc" which puts the onus on them to say it wasn't there. That's what i'd do if sending 2 together.

M1