*WON* Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

[saro87]

Hi everyone just to sum up:

Received a claim from Lowells/Bryan Carter for an overdrawn account from Lloyds for around £800. Checked my credit file and Lowells have the earliest default date as april 2009, althugh this mean its around 2 weeks from being statue barred, i still believe it was even earlier than this that i made any payments to lloyds.

I acknowledged the service and sent of a cp request and a staue barred letter to both lowells and carters- i received a letter back from lowells staing that my account was being dealt with by a third party Fredriksons (not mentioned anywhere on the claim court form) and to contact them. I received a reply from Carters not even mentioning my request just staing they intend to proceed and offered me chance to negotiate with them before they proceed with the court. I have replied to neither of these letters i entered my defence as follws:

1. The Defendant has not acknowledged the alleged debt in writing
in the last six (6) years.

2. The Defendant has not paid any part of this alleged debt in the
last six (6) years.

3. The Defendant has reminded the Claimant that the debt has
become statute barred in accordance with THE LIMITATION ACT 1980
(SECTION 5)(sent by recorded post 17.2.15).

4. The Defendant has requested copies of documents (agreement,
default notice, assignment) mentioned in the particulars of claim
in accordance with CPR 31.14 but the claimant has failed to comply
with this request. (letter sent recorded 17.2.15)

5. The claimant has tried to redirect the defendant to a third
party (Fredrikson) who is not named on the original county claim
form. (Letter from Lowell 25.2.15)

6. Accordingly the Defendant seeks the Claimants claim to be
dismissed by the court as the debt is statute-barred under the
Limitations Act 1980, Section 5.

Today I received a direcions questionairre from the court!!! My question is what on earth do i do now? I am pretty confiednt it is statue barred, i dont want to negiotiate with them. Do i send any replies to Carter/Lowell? or just fill in the questionaiire and wait?

Thank you to anyone who can help i can't sleep for worrying about it all1

[Brainmelted]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Hi saro87

what a horrid situation. i am sure one of the experienced forum members will be along shortly with some advice.

in the meantime have you had a read around the site to see how others who have been through the same situation have dealt with it? -it might help put your mind at rest a bit.

if i come across that might help i'll get back to you.

[Brainmelted]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Hi again

have a look at post ajb2001 Stat Barred case.

[seduraed]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

I've a feeling that the SB clock stops when the claim is issued . Be sure of your dates!

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

I've a feeling that the SB clock stops when the claim is issued . Be sure of your dates!

Well if Lowell only registered the default in april 2009 it must be before this that i last made a payment to Lloyds? I am confident it has been more than 6 years i was unemployed at the time and moved abroad so couldnt have made any payment to them in 2009 and as far as i understand the statue barred date is from the date a ppayment was last made not from when they register the default.

I just dont understand why they are pursuing such a small amount of money that is statue barred- why take me to court?

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

The 6 year clock stops on the date a claim is issued.
So SB no longer applies which is probably why Lowell
has issued a claim now.
Costs will be included in the particulars of claim.
It will depend on exactly when in 2009 the account was defaulted, the 6 year clock started on the date the creditor issued a demand for payment in full.


nem

[FlamingParrot]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Hi everyone just to sum up:

Received a claim from Lowells/Bryan Carter for an overdrawn account from Lloyds for around £800. Checked my credit file and Lowells have the earliest default date as april 2009, althugh this mean its around 2 weeks from being statue barred, i still believe it was even earlier than this that i made any payments to lloyds.

The guidance with regards to recording defaults states they should go on file between three and six months after the breach, so the last time you paid into the account would have been three to six months earlier than that at the very least: http://www.scoronline.co.uk/files/sc...ment_final.pdf

Generally by the time the account is 3 months in arrears, the lender may be taking further action such as reporting the account as defaulted

4. If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to show that the relationship has broken down.

As a general guide, this may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears.

The problem with overdrafts is that it can be difficult to establish the cause of action because, unlike loans and credit cards where there are set payment dates, there is not specific schedule to pay into a current account. How to determine when you are in arrears is not straightforward. The cause of action for an O/D would be when the bank decided to close your current account and recall the overdrawn amount in full, however, they often don't do that very quickly, because the would have no way of knowing that you will not be making further payments into the current account.

With small amounts where the O/Ds have built up mainly from bank charges, it can take months for the bank to recall the O/D. For example, I have a business account I didn't use for some time and, despite not having an O/D facility as such, Barclays were adding their own charges so it went overdrawn over a period of around nine months, yet the bank never closed the account or demanded immediate payment of the overdrawn balance (nearly £400) and, four years on, I'm still using the account.

[FlamingParrot]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

I acknowledged the service and sent of a cp request and a staue barred letter to both lowells and carters- i received a letter back from lowells staing that my account was being dealt with by a third party Fredriksons (not mentioned anywhere on the claim court form) and to contact them. I received a reply from Carters not even mentioning my request just staing they intend to proceed and offered me chance to negotiate with them before they proceed with the court. I have replied to neither of these letters i entered my defence as follws:

1. The Defendant has not acknowledged the alleged debt in writing
in the last six (6) years.

2. The Defendant has not paid any part of this alleged debt in the
last six (6) years.

You have already submitted a SBd defence so the onus is on THEM to PROVE it isn't. I've explained the SBd position with regards to O/Ds above for reference, however, I very much doubt Lowell will be able to establish the exact date Lloyds recalled the O/D all those years ago.

Today I received a direcions questionairre from the court!!! My question is what on earth do i do now? I am pretty confiednt it is statue barred, i dont want to negiotiate with them. Do i send any replies to Carter/Lowell? or just fill in the questionaiire and wait?

Thank you to anyone who can help i can't sleep for worrying about it all1

At this stage, all you have to do is fill in the questionnaire and return it to the court by the date stated on the questionnaire. That's a fairly standard document where you'd have no reason to object to allocation to small claims. Normally it's a good idea to tick the box agreeing to mediation, however, if you contend the debt is SBd there would be nothing to mediate. Once you return the questionnaire, the court will give directions to both parties, these will include the requirement to disclose the documents they intend to rely on, at which point they will stumble.

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Thank you for all of the advice, I have filled in the questionairre and said yes to mediation even though i am not going to change my defence!!One question it says the form must be returned and served on all other partie, does this mean I have to send copies of my form to Carters and Lowells?

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

To Carters as legal representative of Lowell . and accept service of documents.
use signed for post. Check delivery.

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

To Carters as legal representative of Lowell . and accept service of documents.
use signed for post. Check delivery.

nem

So i send it to Carters only? I'm concerned about them getting a copy of my signature from the from after some of the posts I have read!! I was thinking of enclosing the followin letter or should i just send the questionaiire?

I refer to your letter dated 11^th March 2015, where in you offer to enter into negotiations. I still maintain that the debt is statue barred and therefore decline your offer to negotiate .Despite being legally required to do so your client Lowell Financial Limited has failed to produce both evidence of this alleged debt in the form of a signed credit agreement and any paperwork that would prove it is not statue barred. Your client instead has attempted to direct me to a third party Fredriksons who are not detailed on the court claim form. Unless you have the above paperwork I would suggest that you do not waste the courts time trying to claim a debt that you have no proof of and that is Statue Barred.
I enclose a copy of the Directions Questionnaire that I have completed and returned to the court.

Yours Sincerely

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

This urban myth about signature lifting can and does cause extreme problem court documents and CP31.14 letters should be signed.
There is no obligation to sign a CCA request.
As to the letter.

As it appears that your client is not in possession of the document (s) required to enforce the alleged and the fact that this is statute barred I respectfully suggest that Bryan Carter LLP advises its client to withdraw/discontinue the claim in order to save costs and court time.

nem.

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

So I received a copy of the directions questionairre from Carters today so I am assuming they are going to proceed to court! Why are they pursuing this when it is statue barred? and what will happpen next?

Thanks

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

So I received a copy of the directions questionairre from Carters today so I am assuming they are going to proceed to court! Why are they pursuing this when it is statue barred? and what will happpen next?

Thanks

Any help please? I thought that without producing the documents they couldnt take it further to court?

[MIKE770]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

they can go ahead BUT how far do they think they can go ? they are hoping you fold!!! a test of will!