Lowell/BW Legal Claim Form ~ advice needed please!

[Cerne]

Hi,

Sorry for another post along these lines but I'm getting a little panicky now and reading around different forums is only confusing me more! The back story in short is that during financial difficulties I ran up a credit card debt with Lloyds TSB some years ago (so yes, totally my fault), and the debt was then passed to Lowell. I've heard nothing for years and the suddenly received a Northampton County Court Claim Form on 09/01/15 (Issue date 07/01/15).

I'm not sure if the debt qualifies as "Statute Barred" and could really do with some help as to how to proceed, given that my 2 week window is narrowing to submit "I intend to defend all of this claim" on the "Acknowledgment of service".

I was hoping that someone may be able to help, or shed some light on whether it is worth trying to defend, given the "Particulars of Claim", and dates therein. I can honestly say I cannot remember the last time I had any contact with Lowell, let alone make a payment.

Anyway, the "Particulars of Claim" ~

"The Claiment's Claim if for the sum of 2,373.96 being monies due from the Defendant to the Claiment under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank PLC under account reference xxxxxxxx and assigned to the Claiment on 11/03/2008 notice of which has been given to the Defendant.
The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.44 from the date of assignment of the agreement to 11/03/2009 being an amount of 161.04."

Going off the first date the debt is now over 6 years, but the second one would be just under, so I'm at a loss. Should I follow the steps prescribed in this thread ~ http://www.legalbeagles.info/forums/...re-Capital-One?

Any help really would be massively appreciated as I'm in no position whatsoever to handle such a debt.

Many thanks,

Craig.

[Amethyst]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Firstly - just put the acknowledgement of service in - you can put 'intend to defend in full' - it extends your time to 28 days from when you received the claim, and it is not binding - so you could change your mind and go back and admit and offer to pay if it turns out thats the right option, but you have an extra 14 days to work out what you want to do.


Now - assigned to the Claiment on 11/03/2008 - basically have you ever paid / acknowledged the debt to Lowell ? If not then it will be statute barred.

Here is a post about the first steps - which should be taken in the majority of consumer credit money claims - http://www.legalbeagles.info/forums/...it-Court-Claim - bit of help there for using the moneyclaimonline service too.


For the CPR 31.14 request you can ask for the agreement, the notice of assignment, the terms of the agreement, and the default notice

"The Claiment's Claim if for the sum of 2,373.96 being monies due from the Defendant to the Claiment under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank PLC under account reference xxxxxxxx and assigned to the Claiment on 11/03/2008 notice of which has been given to the Defendant.
The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.44 from the date of assignment of the agreement to 11/03/2009 being an amount of 161.04."

[Mineral1]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Hi,

Sorry for another post along these lines but I'm getting a little panicky now and reading around different forums is only confusing me more! The back story in short is that during financial difficulties I ran up a credit card debt with Lloyds TSB some years ago (so yes, totally my fault), and the debt was then passed to Lowell. I've heard nothing for years and the suddenly received a Northampton County Court Claim Form on 09/01/15 (Issue date 07/01/15).

I'm not sure if the debt qualifies as "Statute Barred" and could really do with some help as to how to proceed, given that my 2 week window is narrowing to submit "I intend to defend all of this claim" on the "Acknowledgment of service".

I was hoping that someone may be able to help, or shed some light on whether it is worth trying to defend, given the "Particulars of Claim", and dates therein. I can honestly say I cannot remember the last time I had any contact with Lowell, let alone make a payment.

Anyway, the "Particulars of Claim" ~

"The Claiment's Claim if for the sum of 2,373.96 being monies due from the Defendant to the Claiment under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the defendant and Lloyds TSB Bank PLC under account reference xxxxxxxx and assigned to the Claiment on 11/03/2008 notice of which has been given to the Defendant.
The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.44 from the date of assignment of the agreement to 11/03/2009 being an amount of 161.04."

Going off the first date the debt is now over 6 years, but the second one would be just under, so I'm at a loss. Should I follow the steps prescribed in this thread ~ http://www.legalbeagles.info/forums/...re-Capital-One?

Any help really would be massively appreciated as I'm in no position whatsoever to handle such a debt.


Many thanks,

Craig.

They can only claim statutory interest a year so second date is basically when they stopped claiming interest.. But if you defend it then they won't have to worry about the interest cos they aint getting it! :tinysmile_twink_t2:

[Cerne]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Huge thanks Amethyst, I really wasn't expecting such a swift reply!

I honestly don't know when last I had any contact with Lowell, though have a feeling I made a few payments before being unable to continue and the pretty much buried my head in the sand I think. However, I may have done this once or twice trying to appease them, though I'm really not sure?

Thanks for the links, I'll have a good read. Not sure what the moneyclaimonline service is but will have a look. I'll also put the acknowledgement of service in now.

Massive thanks again!

[Cerne]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Cheers Mineral1, I certainly hope so!

[Amethyst]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Okay, in that case as we aren't 100% sure on the statute barred front we need to do the other letters, the CPR 31.14 and the CCA letter so we have other defences available. We could write a separate letter stating we believe the claim is statute barred and ask them for their evidence that it isn't, or a list of any payments made.

If you made a few months of payments when they first took on the account then that would be okay, but anything after the end of 2008 would push you out of being stat barred.

Will have a think on that letter tmw though.

[Cerne]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Again, many thanks, it really is greatly appreciated. I suspect it was no more than a few months of payments but as I say, cannot be 100% sure. I'll check back in tomorrow, and it really is very much appreciated, thanks you.

[Cerne]

Re: Lowell/BW Legal Claim Form ~ advice needed please!

Hi Amethyst, hoping you were still planning to have a think about this letter wise as per your post last night.

Sorry to be a pest!