Lowell: Tomlin Order Receipt

[Natur3]

Good evening

I have searched through all of the threads availiable however have not seen a case similar to mine.

This debt is in respect of an overdraft with a Bank. I completed all defence forms found on this site and responded. Mediation was ultimately agreed by both parties however in the morning of mediation I was notified that this had to be cancelled as Lowell were unable to attend and thus would have to go to court.

i since received in the post a Tomlin Order stating that the client is willing to settle the amount and will consider settlement proposals. The debt is circa 2500.

lowell stayed that the bank is exempt to s74 (b) of the Consumer Credit Act 1974 and that there is no provision to provide a copy of the agreement nor default notice being that repayment of the Overdraft by demand as opposed to the service of a default notice.

Lowell stated that x2 sums were made from myself and that this is part payment and thus acknowledgement. Lowell provided bank account statements for the period.

They stated that the agreement isn't statute barred as a payment was made in 2015.

They started as a gesture of good will they will absolve the Court administration fee.

I have yet to receive a court date.

What is your advise on defending this claim?

Any help will be much appreciated.

[Natur3]

Any help will be greatly appreciated. I'm not sure of the process but I note queries posted after mine in the forum have responses. Is there something more I am to do?

[MIKE770]

Amethyst

[MIKE770]

they are tethering maybe? see what Ame thinks or others,

[Amethyst]

Okay, presumably the Tomlin order is for payments to be made at XXX a month and if you default on payments they are at liberty to restore / obtain judgment ? Is the amount to pay monthly blank ?

It's for an overdraft - is the amount claimed correct ? A straightforward overdraft that you became unable to repay ? No merged loans or credit cards in there ?

Did you make payments in 2015 ? What was your defence to the claim ?

A tomlin order is one way of settling the case out of court so that the claimant has some security of payment and the defendant avoids a CCJ. There's no way of knowing without having the full facts whether it is a last ditch attempt to settle before discontinuing or if they are simply trying to avoid the cost.effort of the next stages of the claim ( witness statements/documents/hearing fee/attendance at court etc ). But it shows they are open to settlement IF you wanted you might be able to offer a full and final settlement to get everything closed off, or just prefer to make monthly instalment payments whilst avoiding a CCJ against you. Really depends on your case and own circumstances though xxx

[Natur3]

Hello Amethyst

Apologies for the delay in response, I have been burying my head in the sand (not recommended I know) but just became overwhelmed with this situation and other issues taking place but I am trying to tackle issues one by one and yes I am aware that the courts wont care about any life issues.

I ignored the Tomlin Order letter however in response to you queries above:

Okay, presumably the Tomlin order is for payments to be made at XXX a month and if you default on payments they are at liberty to restore / obtain judgment ? Is the amount to pay monthly blank ?

Correct. Yes, the amount monthly was left blank.

It's for an overdraft - is the amount claimed correct ? A straightforward overdraft that you became unable to repay ? No merged loans or credit cards in there ?

Yes, a straightforward overdraft I was unable to repay and no merged loans or credit cards.

Did you make payments in 2015 ? What was your defence to the claim ?

According to Lowells, Llloyds confirmed to them that I made payment however I do not recall making any such payment They sent me a pack of bank statements and appended a plain sheet with an excel box simply listing a date and an amount allegedly paid to them, no reference number outlined. The bank statements only go up to 2013 as the account was closed in 2013, so I am struggling to understand what the evidence is. Aside from those statements, there is no other documentation apart from a simple excel box with an amount and date.

A letter was also previously received some time ago this year from Lowells stating 'thank you for contacting us and confirming liability'. This is most certainly untrue and I have not had any contact with lowells whatsoever as my stance has always been to simply ignore.

My defence was to claim was used from one of the templates on the site and I cited:

- It was statue barred - The account was closed in April 2013 and no contact has been had with anyone. Lowell have stated 'Please find enclosed statement of account and evidence of final payments you made to Lloyds in respect of your account'. I'm not sure what evidence they are referring to as it is a pack of bank statements (going up to 2013), and a piece of paper stating I made payments in 2015 to llyods banking group, there is no actual evidence of this.

- I requested a copy of the original agreement. Lowell have stated that my Overdraft is exempt pursuant to s74(b) of the Consumer Credit Act 1974 so no provision of an agreement is required nor a default notice being that repayment of the overdraft by demand as opposed to the service of a default notice

Lowell then stated that Lloyds have instructed them to offer me a Tomlin order and I can provide a repayment amount affordable to me. They then go on to state that they reiterate the client is willing to settle this matter and will consider settlement proposals.

What do you suggest? The case has now been sent to a judge i believe for consideration and review. Mediation was previously scheduled however Lowells cancelled on the day.

Is this scare mongering before discontinuing (and if so at what stage would a discontinuance take place) or is it best to accept the tomlin order and offer a repayment amount (what would be acceptable? The debt is circa £2400 and I already have payments in place to clear other items so would not be able to afford much at all.

Your assistance in the above is much appreciated and again apologies for the delay, it seemed like huge weight and effort with the thought of replying, but as I have done it t has not been so bad and I do feel a little better.

[MIKE770]

Amethyst

[Amethyst]

Before the 2015 payment what date was the payment prior to that - before April 2013 or earlier ? What is the date the court claim was issued ?

We should reply asking for more information about this 2015 payment. How much was it for? What was the date of assignment from Lloyds to Lowell ?

Lowell then stated that Lloyds have instructed them to offer me a Tomlin order

It is very unlikely Lloyds have anything to do with it. Any chance you can do apic of the letter and of the last 2013 statement and the 2015 random sheet?



You should though send a SAR to Lloyds - see if this alleged payment shows up there too -

Subject Access Request Letter

[Natur3]

Hello Amethyst

Thank you for your response, please see mine below.

Before the 2015 payment what date was the payment prior to that - before April 2013 or earlier ? What is the date the court claim was issued ?

There is no stated repayment before that date, the only payments are payments made to and from the bank account outlined on the statement up to account close in April 2013

The court claim was issued on 05th June 2019

We should reply asking for more information about this 2015 payment. How much was it for? What was the date of assignment from Lloyds to Lowell ?

The payment is stated as £25.00
The date of assignment is not outlined on Lowells letters. It keeps quoting 'Lloyds have told us' and 'Case was assigned to Lloyds internal recoveries in April 2013' however there is no reference to when it was assigned to Lowells, they simply state that legal proceeding were issued on 05th June 2019.

It is very unlikely Lloyds have anything to do with it. Any chance you can do apic of the letter and of the last 2013 statement and the 2015 random sheet?

Yes please see attached all 3 items with my details redacted.

You should though send a SAR to Lloyds - see if this alleged payment shows up there too -

I did send a SAR to Lloyds, they responded with a huge pack of information which I have now opened and reviewed. No such payment has been outlined in the pack, bank statements have been provided again up until 2013..

Interestingly, I have also been provided with a copy of a conversation from the system between Lloyds and Lowell where:

- Lowell request copies of statements up until 2015 however Lloyds state they can only provide up until 2013 - this is then provided
- Lowell ask for final demand confirmation and Lloyds respond that the account has been archived and that pre archive is not 's required'.
- Lowell - Ask for confirmation of when a final demand was sent and if an agreement was entered and if the customer attempted to pay the full balance and that they are asking due to legal action being taken
Lloyds - A default notice may not have been issued as there is no legal requirement for a current account however account entered recoveries in April 2013.
Lloyds final note - Pre-archive does not advise when final demand was issued

What do you advise in light of the above Amethyst

[Natur3]

Amethyst

[Natur3]

Hello Mike MIKE770 Any thoughts?

[MIKE770]

Subject Access Request Letter recorded delivery to lloyds might throw something up

[Natur3]

Hi MIKE770 and Amethyst

I already sent an SAR to Lloyds, please see response in my post


From Amethyst: You should though send a SAR to Lloyds - see if this alleged payment shows up there too -

I did send a SAR to Lloyds, they responded with a huge pack of information which I have now opened and reviewed. No such payment has been outlined in the pack, bank statements have been provided again up until 2013..

Interestingly, I have also been provided with a copy of a conversation from the system between Lloyds and Lowell where:

- Lowell request copies of statements up until 2015 however Lloyds state they can only provide up until 2013 - this is then provided
- Lowell ask for final demand confirmation and Lloyds respond that the account has been archived and that pre archive is not 's required'.
- Lowell - Ask for confirmation of when a final demand was sent and if an agreement was entered and if the customer attempted to pay the full balance and that they are asking due to legal action being taken
Lloyds - A default notice may not have been issued as there is no legal requirement for a current account however account entered recoveries in April 2013.
Lloyds final note - Pre-archive does not advise when final demand was issued

[Amethyst]

Is date account closed over 6 years before date claim issued ?

[Natur3]

Amethyst the account was closed more than 6 years ago yes in 2013 (it entered recoveries). Lowell state in my letter that I attached above that as I made a payment in 2015, the 6 years is not applicable. This is the same £100 I attached that is simply in an excel box.
What are your thoughts on the items that I attached in my previous post?

Does this provide any insight in to a stance?