Help with defence for successful set aside judgement

[Babynoahsmum]

Got a huge bundle of papers in the post today from my sar request, anything in particular I need to be looking out for? I will upload pages I think are of importance in the mean time

[Amethyst]

Default date, last payment date... check if the dates Arrow have given you are correct, basically.

The alleged debt was taken out in 2004 and defaulted sometime 2010/2011 arrow global state it was defaulted on or around 6/12/11 and the original judgement was 26/07/17,

notice of assignment dated 06/12/2013

[Babynoahsmum]

90B8D79C-1812-4DF5-ABBD-7E65632EA7A0.png Okay so here’s some bits that seem relevant, don’t know if you reconise what a lot of it means the first two are the last transactions on his account before it was closed. The charges are actually disgusting, you can see on some of the notes that he contacted them and told them he lost his job ect and still a ton of charges

the next 8 are information held on the computer by collections and recoveries.

theres 100s more pages but I think these are the most relevant let me know if you want me to look for anything else.

[Babynoahsmum]

The rest

[Babynoahsmum]

I’m literally in shock, just gone through the statements and since the date he had the overdraft till the date the account was closed he paid £1481 in unplanned over draft fees from jan 09 till August 11

[Babynoahsmum]

Okay so I have had a look through the statements and the dates the overdraft was increased and written it all down, written a few important dates down too as not sure when statute barred goes from with an overdraft will upload photos

[Babynoahsmum]

Bump

[Amethyst]

The account was closed/defaulted on the Dec 2011 date after quite a long period of chasing his tail to try keep up with charges.

Statute barred is likely to be taken as then as that was the cause of action ( when the bank became entitled to recover the full amount )

There is a lot of charges - and the overdraft seems to have been increased and unauthorised od use due to the charges. Going to have a look through better now.

[Babynoahsmum]

Thanks here are a few dates and notes i pulled out

20/06/11 Q06 CHQ FULL ARREARS
28/0611 CHQ ENFORCEMENT NOTICE
29/06/11- APPLIED DEBIT CARD BLOCK
19/07/11 CHQ FORMAL DEMAND
02/12/11 CLOSURE SUCESSFULLY

So if it is december as claimed is it still statue barred? I know it wouldnt have been from the date they first made a claim against him but when I got it set aside im confused about wether the state barred time scale then started running again? If it did they regardless it would be statue barred.

I sat there last night literally seething about how he was treated and quite frankly how long he managed to maintain the account with the amount of monthly charges he was receiving!!

He contacted them on atleast two occasions and informed them he was out of work and struggling and they still upped his overdraft in that period. At one point he was declined twice on the same day then just over a week later accepted for an even larger overdraft.

Not got a chance in hell of complaining about any of this either have we? Being reading about the 2009 court case and it would seem the chances of getting anything refunded now would be slim to none, then plus the actual age of the debt. I am tempted to write them a letter though, as we do have quite a lot of proof of the terrible practices.

Also arrow global have also got access to the last 6 years of statements according to the SAR

[Amethyst]

Seems like a good thing he stopped using the account in June 2011 to save it escalating further. Seems he ditched it pretty quickly after things started looking like most of the JSA was vanishing into the banks pockets

Where you've put Accept £400 - Accept £800 - is that where an overdraft increase was offered and accepted ( or declined ) ? and Current next to it is the current balance on the account ? or the Current authorised overdraft ? Looking around 19th May 2011 where you've put Accept £1120 - Current £400 - the balance around those dates was around £980 ? so not sure what 'Current' means ( sorry )

[Babynoahsmum]

Yeah that’s why I have put a question mark because obviously his overdraft was larger than that at the time. So I don’t know if some paperwork is missing but a ? Is where a balance doesn’t correlate. The overdrafts I am assuming we’re requested by him? Obviously I don’t know if that’s the case but some were declined and some were accepted, so the accept is where the bank accepted the increase and declined is where the bank declined it.

[Babynoahsmum]

Some overdrafts were permanent and others were decreasing, the notes under each overdraft explain which type it was

[Babynoahsmum]

This is how each other draft request is laid out this one obviously makes no sense as statements show he was well over £400 at this point

[Babynoahsmum]

11 days prior when he was declined the increase he had an exsisting overdraft of £879 so I think the £1200 one is an error or something

[Amethyst]

Ahhh ok. That £1120 one has an expiry of 1.12.2011 too so that would scan with the closure date of 1.12.2011.

Although it seems random the accept and declines of the OD increase, it does seem to have kept things going and away from the charges hitting really hard.

After the account was closed there's no further charges on it are there. The balance at the end date 1.1.2.2011 is the same as that which is being claimed - so there weren't charges added after closure.... and there wasn't an excessive period from when the account stopped being used before it was closed, or particularly excessive charges added ( certainly not in the context of penalty charges/cycle of debt etc to prove an unfair relationship in court IMO )

Theres a LOT of contact attempts there, must have been pretty horrid dealing with it. I note that last payment in was taken straight out so the bank couldn't eat the money. Then the OD remaining used, then the account ditched. Best way to have dealt with it in the circumstances as it was never going to get back on track while a live account. They could have sorted out a monthly repayment plan or something pretty soon after though rather than going through DCA's and court claims 6 years later - that annoys me.

With set-aside the statute barred date doesn't reset - so it is still reliant on when the claim was issued, so sadly I think the evidence you have now ( not produced by the claimant - just by the original creditor ) would deem the claim to have been made in time.

Arses.

Ok so we need to review where you are - what the claimant has actually provided - and what you are able to do. Personally I think before they get this same info, and the default/termination notice etc from Lloyds that you got under the SAR, is a decent time to negotiate to settle - either a lum sum discount or installment payments - under a Tomlin Order so that the claim doesn't go back to a CCJ but stays on hold in court until it's settled.

What do you reckon ?