Lowell claim form

[Christie]

PLEASE someone help, yesterday I received claim form from Lowell for a debt I had long time ago with Lloyds TSB. In 2013 I was defaulted, apparently in 2016 they bought it. In 2020 however I won the case for PPI claim for the same debt and Lloyds "apologised" and returned the money. I was going to use this as defence as to why should I pay for something which was admited as mistake. I dont know what to do! Please someone advise..

[Sam101]

Contact them and explain the position. Do you still have the paperwork? If not, then find out what the procedure is to contest the claim.

Others may be able to help with advice.

[echat11]

Hi Christie

a) Fill in the following :

Received a claim? Yes/No:

Issue Date:

Have you Acknowledged the Claim?:

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)

Claimant's Name:

Solicitors Firm:

Original Creditor:

Original Debt (eg. Credit card/Loan/Overdraft) :

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):

List any letters you have sent (eg: CCA/ CPR ):

Any Other Information or Background Details:

b) https://legalbeagles.info/library/gu...y-court-claim/

Make sure you get Proof of Postage

Acknowledging the claim gives you an extra 14 days, 28 days in total, plus an extra 5 days postal. It gives you time to work on your defence. Keep an eye on the dates, you don't want to miss deadlines.

[Christie]

Thank you!!!
okay...
Yes, Received the claim
Issue date 1st of Feb 2022
Acknowledge of claim done ✔ today on 3rd of Feb 2022
Amount claimed £2700
Claimant Lowell
Solicitors Overdales Solicitors
Original creditor Lloyds Bank
It was a credit card

Not sure if statute barred, I dont think I have ever vontacted them if so it was a letter asking for documentation, proof of agreement, they have never responded...I assume they dont have it...until now this claim

In 2020 I made PPI claim against this debt and won.
Lloyds refunded £3100 towards this.
Thats all really...

[echat11]

If the account was defaulted in 2013, no payments or letters acknowledging the debt has been made since then, the account is Statute Barred. The only thing is that a PPI claim was made in 2020 which might / would reset the clock.

How old is the account?

[Christie]

Thank you
I dont remember to be honest I think from 2006, I got the credit card...

[MIKE770]

in that case they have to supply a true copy of original. if not no case to answer, last acknowledgement made by you other than PPI issue?

[echat11]

Thank you
I dont remember to be honest I think from 2006, I got the credit card...

The likelihood is that they won't have a copy of the Credit Agreement because of the age, but lets see what they send.

[Christie]

Thank you so much everyone!!
Could I use the PPI forms as my defense??? Bank admited the fault , paid the money back...why should I pay them again?? Or my thinking is wrong??
and should I send a letter to their solicitor asking for true copy???

[echat11]

Thank you so much everyone!!
Could I use the PPI forms as my defense??? Bank admited the fault , paid the money back...why should I pay them again?? Or my thinking is wrong??
and should I send a letter to their solicitor asking for true copy???

Post 3, point (B)

Wait until you see what documents they send before you start speculating on your defence.

[Christie]

Thank you all!!!
Received lots of advice!!!

[Christie]

Wrote letters today and will post them tomorrow. Will see what they say.
Thank you all.

[DE DOGS]

Following this with interest as a family member has basically the same problem. Good luck.

[Christie]

Hello, maybe here I will get some help...so the solicitors have sent letter, with Notice of Assignment, faked it, just plain paper with dates on, no Lowell logo...anything printed of the back of their letter to me...
but no Default Notice ,Credit agreement, they say they are waiting for their client Lowell to provide it...
What do I do now??? Write to court? Defence. How much time left....ohhhh it is sooo confusing

[echat11]

Hello, maybe here I will get some help...so the solicitors have sent letter, with Notice of Assignment, faked it, just plain paper with dates on, no Lowell logo...anything printed of the back of their letter to me...
but no Default Notice ,Credit agreement, they say they are waiting for their client Lowell to provide it...
What do I do now??? Write to court? Defence. How much time left....ohhhh it is sooo confusing

The important thing is to get your defence in, so from the 2nd February you have 28 days (you get extra 5 days postal) because you have acknowledged of service.

I take it you have sent them a 31.14 letter? And they have sent you a 'dodgy' Letter of Assignment.

It's good to get your defence done by 27th February. So it might be an idea to wait until the 25th February to get your defence done / sent.

A copy to the court and a copy to their solicitors with Proof of Postage.

Here is an example defence, you need to amend it to reflect the current circumstances.

https://legalbeagles.info/library/gu...-court-claims/

Make sure you keep an eye on the date your defence is due.