Hbos/lowell/fredrickson/bryancarter

[joolz67]

Hi,
I wondered if anyone could help me with my situation.

The background......

I had a current account with Halifax, and at one point some years ago a direct debit was returned, even though I had money go through the same day to cover, subsequently they had charged me for the returned direct debit and also bank charges on top. I refused to pay the charges and this in turn racked up an overdraft of about £500.

Since then I have hhad a county court claim - like alot of others on here it seems - which I have defended online. I have also written to Mssrs Carter to request the cpr and to halifax for all the bumff on the account in case it's Sbd. It's now been 11 days and I've heard nothing from Carters or Halifax.

Please advise as to my next step? Thanks in advance.

Joolz

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Hi,
I wondered if anyone could help me with my situation.

The background......

I had a current account with Halifax, and at one point some years ago a direct debit was returned, even though I had money go through the same day to cover, subsequently they had charged me for the returned direct debit and also bank charges on top. I refused to pay the charges and this in turn racked up an overdraft of about £500.

Since then I have hhad a county court claim - like alot of others on here it seems - which I have defended online. I have also written to Mssrs Carter to request the cpr and to halifax for all the bumff on the account in case it's Sbd. It's now been 11 days and I've heard nothing from Carters or Halifax.

Please advise as to my next step? Thanks in advance.

Joolz

Hi Welcome to LB

It's unlikely that the CPR request will be met as the claim will be allocated to the small claims track.

Statute Barred in England and Wales = 6 clear years with no payment or written acknowledgment
of the debt, the 6 year clock starts ticking on the date the bank can first demand immediate payment
in full. Did you received the Formal Demand/Final Demand?

Do you know the date the default was placed on the account.

If you have made a Subject Access Request under the Data Protection Act 1998 for the data from Halifax (£10 fee has to be paid) they have 40 days to comply with the request.

When did you receive the claim pack? Have you acknowledged service of the claim?

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Nem,
Thanks for getting back to me so quick, I had put through 2 previous requests for help on the forum but they musn't have got through
:-(
Had the account from Halifax but had moved twice and paperwork got lost etc, I have sent an SAR to them with the £10 fee about 11 days ago so still waiting on that. It doesn't show up on my credit report either.

I have put inthe Acknowledgment of service online and defended the claim, the claim pack is dated 18th June. I notice that the usual "red" court seal was not on the claim form, is this normal (having been divorced I remembered this)?

Thank you again
Joolz

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Ahhh....just been on moneyclaim and I have put through the acknowledgement of service only

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Ahhh....just been on moneyclaim and I have put through the acknowledgement of service only

Send an amendment stating intention to defend in full it'll be ok just be sure it's reference to the AOS.

Going back to the original account, can you recall if the account only went into default because of the charges, .i.e. was the default sum made up of charges without which the account would not have been defaulted?

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi again,
Thanks for your reply. I can only recall vagely the account went into overdraft because of the charges, they had done this to me before and I reclaimed the charges, but will wait for the SAR to confirm this. They have written today to confirm that they are in process and will get this info by 15th August.
Also, I have just received in the post a letter from Carters which I will try and attach. Basically it says they have received my letter of complaint (?), and I should hear from them within the 28 days, how odd - any ideas???
I did notice on the claim pack that it didn't have the generic court seal stamped on it, is this normal.
I have just looked at the AOS and it does say that I defend the claim (phew).
Your service is an absolute godsend, wish I'd found it before I forked out 70 quid for a years membership with Which legal service
Joolz

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Hi again,
Thanks for your reply. I can only recall vagely the account went into overdraft because of the charges, they had done this to me before and I reclaimed the charges, but will wait for the SAR to confirm this. They have written today to confirm that they are in process and will get this info by 15th August.

You still need to submit a defence before that, a maximum of 33 days from the date printed on the claim.

Also, I have just received in the post a letter from Carters which I will try and attach. Basically it says they have received my letter of complaint (?), and I should hear from them within the 28 days, how odd - any ideas???

Doesn't sound like one of their generic templates, so we'd really need to see it. This thread may be of help to attach documents: http://www.legalbeagles.info/forums/...r-details-safe!)

The 28 days may refer to the deadline to file your defence, although they are supposed to respond to the CPR request in 7 days (they never ever do )

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Morning,
I have (hopefully) attached the letter from carters. Please let me know if you have received it.

Please let me know what my next step would, I feel time is running out :tinysmile_cry_t:

Joolz

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Morning,
I have (hopefully) attached the letter from carters. Please let me know if you have received it.

Please let me know what my next step would, I feel time is running out :tinysmile_cry_t:

Joolz

It's a generic response you get whenever you send a letter of complain to a company, they are obliged to respond with an estimated timescale. You wouldn't normally get that in response to a request under the CPR. Have you written to Carter complaining about not receiving the documents you requested?

That letter does not relate to the claim in any way, nor does require a response from you. You still have to submit a defence within 33 days of the date printed on claim to avoid them requesting default judgment. You're not likely to get the SAR before that since 40 days are allowed but once you submit your defence Carter will have 28 days to respond to the court stating whether he wishes to continue with the claim, followed by directions questionnaires, etc. so you should have the SAR results by then. ray:

If you state that the debt is SBd, the burden of proof is on the claimant to show that it isn't. Bear in mind that with overdrafts, the clock stars running when the bank sends you a final demand recalling the overdraft and not when you last made a payment into the account. For small overdrafts it can take quite a long time for the bank to recall.

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Morning,
I have (hopefully) attached the letter from carters. Please let me know if you have received it.

Please let me know what my next step would, I feel time is running out :tinysmile_cry_t:

Joolz

Standard response Joolz, no further action required from you!

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi,
Thanks for your response. No, I didn't send Carters any letter of complaint, the letter I did send was to request the CPR
So I still need to submit my defense? How do I do this??
Do I write to the court or Carters stating that the account is Sbd?
Do I need to write to Carters at all?

Sorry, so many questions......

Joolz

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Hi,
Thanks for your response. No, I didn't send Carters any letter of complaint, the letter I did send was to request the CPR
So I still need to submit my defense? How do I do this??
Do I write to the court or Carters stating that the account is Sbd?
Do I need to write to Carters at all?

Sorry, so many questions......

Joolz

Ok Joolz ( Please ignore post 9 it is of no consequence).
Your defence it seems has one point the debt is statute barred
Take a look at some of the Lowell threads with defences so
you get an idea of layout and wording make a draft defence
and post it here for a review.

Now for Clarification:

Statute Barred in England & Wales = 6 clear years with no payments or unequivocal written acknowledgment of the debt.

The relevant 6 years period starts ( for a current account/OD on the date that the creditor can first " Demand Immediate Payment In Full", this would as a letter headed Formal Demand for Payment and/ or Final Demand. Did you receive these letters.

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Nem,

I have no idea weather the account is statue barred until I get the bumf from Halifax, which I have requested. They've sent me a letter saying it should arrive around 15th August. I vaguely remember the debt being an accumulation of overdraft charges that got out of hand through a returned direct debit.
I had moved twice and had informed the Halifax but received nothing for a number of years (at a guess 5), until Lowell and Carter clan started writing to me.
I will get writing my defense. I take it not to mention the statue barred in my defense until it's clear that it is a full 6 years since the Formal Demand of Payment has been received.
Thanks for all you're help - really appreciated. I feel more confident dealing with the likes of Carter and Lowell.
Regards
Joolz

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Nem,

I have no idea weather the account is statue barred until I get the bumf from Halifax, which I have requested. They've sent me a letter saying it should arrive around 15th August. I vaguely remember the debt being an accumulation of overdraft charges that got out of hand through a returned direct debit.
I had moved twice and had informed the Halifax but received nothing for a number of years (at a guess 5), until Lowell and Carter clan started writing to me.
I will get writing my defense. I take it not to mention the statue barred in my defense until it's clear that it is a full 6 years since the Formal Demand of Payment has been received.
Thanks for all you're help - really appreciated. I feel more confident dealing with the likes of Carter and Lowell.
Regards
Joolz

Always happy to help Joolz!!

There is another maybe quicker way to get that information, give Halifax a ring and ask for the date they issued a Demand for Payment in Full/Final Demand.

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Nem,

I callled them about 2 weeks ago, and they tried to take me through the security questions and they said they couldn't help me, a little frustrating

I've attached my draft defense, could you have a look over it see if it needs tweeking please?

Joolz