Lloyds Overdraft and Lowells/Court

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Thank you StevemLS, so does this mean a CCJ do you think ?

[Amethyst]

Re: Lloyds Overdraft and Lowells/Court

Yes please (just incase we need to amend if negotiation doesnt work out)

Steve - hopefully that's not what the court will tell us tmw, I don't think BW legal are that organised to be honest so they probably just haven't got around to replying, or don't even realise it is an overdraft either. THE POC is quite shoddy really - it's their usual ** INSERT WORD HERE *** style.

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Also I do not agree the charges btw added on top

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Ok thanks Amethyst x

[FlamingParrot]

Re: Lloyds Overdraft and Lowells/Court

Hi Andy, I paid £1 a month to LLoyds up until Oct 2009. In my defense I said that I did not owe this money to this company under CCA 1974 (which I now know does not apply to ODs) now and I also said that it was full of charges throughout.

Was the balance made mostly of charges, or why did you say you did not owe the money?

The date of service was 5th April and haven't heard anything yet ? What next Andy?

When did you submit your defence? Unless you agreed an extension, it would have been no later than 33 days from that date, i.e. the fist week of May. They should have responded to the court within 28 days saying whether they wish to proceed with the claim or not. :decision:

Thank you StevemLS, so does this mean a CCJ do you think ?

Not necessarily. One way to avoid a CCJ would be via a Tomlin Order, whereby the claim is stayed as long as you make the agreed payments. :thumb:

Ive been reading about CPR 31.14 ? What is this ? Is it too late now to send to Lowell or am I totally off the radar here ?

Sadly yes, it would be too late now you've submitted your defence and, given the amount claimed, the case will very likely be allocated to small claims where Part 31 does not apply.

[stevemLS]

Re: Lloyds Overdraft and Lowells/Court

Agree Tomlin Order could be helpful.

Bosh - can you afford to pay it if judgment is entered against you? It only gets registered if it remains unpaid a month after settlement.

Have you got statements of account, again, it may be too late now but if you have what used to be the standard £25ish charges, you might be able to get that reduced.

[Amethyst]

Re: Lloyds Overdraft and Lowells/Court

Okay I have a copy of the defence, it's not fatal, totally, lol, but its not the greatest I'll post it up later once I've anonomised it. Understandable how you got confused with the CCA as it is only Part V that doesn't apply to overdrafts so although they state in the POC it is an agreement regulated by the CCA they are also correct in saying section 77-79 don't apply with regards your request for copy agreement. Anyway, not to worry, I think it reflects poorly on the claimants tbh because its same POC as every other claim with ''Current Account'' sloted in the relevant place.

Let me know what the court say and we shall go forwards from there.

[Celestine]

Re: Lloyds Overdraft and Lowells/Court

Bosh - which Lowell 'lawyers' are handling this? BW Legal or Brian Carter?

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Agree Tomlin Order could be helpful.

Bosh - can you afford to pay it if judgment is entered against you? It only gets registered if it remains unpaid a month after settlement.

Have you got statements of account, again, it may be too late now but if you have what used to be the standard £25ish charges, you might be able to get that reduced.

Hi Steve, no I'm not in a position to pay if the judgment is made, I am currently a carer. Yes I have some statements of account which run from 2004- 2006 and the charges are £619. There are possibly more within the history of the account !!!

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

It is BW legal Celestine

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Thanks Ameythst. will let you know what the court says later

[Celestine]

Re: Lloyds Overdraft and Lowells/Court

Handy :tinysmile_twink_t2:

[stevemLS]

Re: Lloyds Overdraft and Lowells/Court

Yes, but what was the rate charges were racking up at - was it £25ish per default or £12?

I can't remember the circumstances in which the £25 charges, which were pretty standard, were declared to be excessive, was it OFT or litigation - I'm sure someone else will remember - but if they were at the "excessive" levels, that might give you an additional negotiating tool?

[Celestine]

Re: Lloyds Overdraft and Lowells/Court

Unfortunately the OFT ruling regarding £12 default fees only applied to credit cards etc, not overdrafts.
Sadly the OFT lost the test case against the banks, so these charges are not deemed unfair technically. Morally....is a whole other story.

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Hi Guys,

I have just rang the court (after waiting in a queue of 15 in front of myself) and I got through to a person called John. He was very nice actually. I asked what the status of the claim was at this stage and he said that Lowells attempted judgment on 6th May and IT FAILED !!! because of the defence. The account has now been "Stayed" and they have heard nothing yet from the claimants Lowells. If they do have it lifted then I will receive a directions questionaire. John also said that if I hear nothing then its good news but ring them in approx one month.

I wonder what Lowells are up to ??? Any advice guys ????