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Hi guys
Got a similar CC Summons from Bryan Carter Solicitors on behalf of Lowell Portfolio Ltd relating to an old Lloyds TSB Account.
My history is as follows:-
Had Lloyds TSB bank account since 1988, In 2005 I was hurt in a car accident resulting in loss of income. Account was in OD and was eventually transferrers to LLoyds TSB debt Management Team basing in Brighton.
Made arrangements with them to pay off debt by having my incapacity benefit paid into the account every 4 weeks, I had a cheque book only with no cards whatsoever.
Debt reduced to £300.
In April 2007 I obtained further benefits from DWP and was advised to have them paid into another bank account away from Lloyds TSB so I could use them rather than have then swallowed up by LTSB. Opened Natwest account and had all payments sent to them.
Last payment made to LTSB was 25/04/2007. No further communications of ANY kind or payments made to LTSB sine then.
Now received CC Summons as stated above for £1100. I have defended it by stating the debt is Statute Barred.
I have written to Bryan Carter Solicitors separately refusing to acknowledge the debt and advising them IN ANY EVENT, the last payment made was 25/04/06 so it became Statued Barred 25/05/12 (thats being exactly 6 years after the first missed payment, i.e. I missed the payment due on 25/05/2006).
They have replied that their position is that their client (Lowell Portfolio Ltd) took the debt on the 28/04/2009 and registered the default at that point and therefore the limitation runs from that date, effectively putting it within the last 6 years.
I had no knowledge of Lowell Portfolio Ltd until this CC Summons arrived. I have never communicated with them and never paid them a penny!
I have spoken to LTSB and I have obtained copy bank statement from them, which prove and confirm when my last payment was and that is 25/04/2006. They also confirm the debt was transferred to Lowell Portfolio Ltd on the 28/04/2009 (the date Bryan Carter says is the important date for action) is this correct, that the 6 years runs from the date Lowell Portfolio Ltd acquired the debt and registered a default, or is it the date I either ACTUAL LAST made a payment or provided Written Confirmation I acknowledged the debt existed?
If Lowell / Bryan Carter are wrong, then what would you suggest be my next course of action?
The CC Summons has been defended and I have completed and returned the Allocation Questionaires. I have not yet been provided with a Court Date to attend and defend this matter.
Your advice as always would be greatfully appreciated.
J
Got a similar CC Summons from Bryan Carter Solicitors on behalf of Lowell Portfolio Ltd relating to an old Lloyds TSB Account.
My history is as follows:-
Had Lloyds TSB bank account since 1988, In 2005 I was hurt in a car accident resulting in loss of income. Account was in OD and was eventually transferrers to LLoyds TSB debt Management Team basing in Brighton.
Made arrangements with them to pay off debt by having my incapacity benefit paid into the account every 4 weeks, I had a cheque book only with no cards whatsoever.
Debt reduced to £300.
In April 2007 I obtained further benefits from DWP and was advised to have them paid into another bank account away from Lloyds TSB so I could use them rather than have then swallowed up by LTSB. Opened Natwest account and had all payments sent to them.
Last payment made to LTSB was 25/04/2007. No further communications of ANY kind or payments made to LTSB sine then.
Now received CC Summons as stated above for £1100. I have defended it by stating the debt is Statute Barred.
I have written to Bryan Carter Solicitors separately refusing to acknowledge the debt and advising them IN ANY EVENT, the last payment made was 25/04/06 so it became Statued Barred 25/05/12 (thats being exactly 6 years after the first missed payment, i.e. I missed the payment due on 25/05/2006).
They have replied that their position is that their client (Lowell Portfolio Ltd) took the debt on the 28/04/2009 and registered the default at that point and therefore the limitation runs from that date, effectively putting it within the last 6 years.
I had no knowledge of Lowell Portfolio Ltd until this CC Summons arrived. I have never communicated with them and never paid them a penny!
I have spoken to LTSB and I have obtained copy bank statement from them, which prove and confirm when my last payment was and that is 25/04/2006. They also confirm the debt was transferred to Lowell Portfolio Ltd on the 28/04/2009 (the date Bryan Carter says is the important date for action) is this correct, that the 6 years runs from the date Lowell Portfolio Ltd acquired the debt and registered a default, or is it the date I either ACTUAL LAST made a payment or provided Written Confirmation I acknowledged the debt existed?
If Lowell / Bryan Carter are wrong, then what would you suggest be my next course of action?
The CC Summons has been defended and I have completed and returned the Allocation Questionaires. I have not yet been provided with a Court Date to attend and defend this matter.
Your advice as always would be greatfully appreciated.
J
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