County Court claim - Lloyds overdraft (bought by Lowells)

[PuddingLane]

Hi, Lowells have made a CC claim for a Lloyds unauthorised overdraft I never paid back (it consisted mostly of bank charges which I tried to claim back, but gave up after the 2009 Supreme Court ruling). The bank account closed in 2011 and Lowells claim to have bought the debt in 2015. Lowells's Particulars of Claim are posted below.

I haven't had any contact directly with Lloyds or Lowells about this debt since 2011, but I did start a StepChange plan in 2016, but I don't think this ever got going. I have filed a defence on the basis that Lowells haven't sent me any paperwork and that this is Statute Barred (using the template from this site). Lowells has sent me a copy of their Directions Questionnaire, which states they are willing to go to Mediation. I have heard nothing off the Court, apart from acknowledgement of my Defence.

So, I would be grateful on what to do next. What do I need to ask Lowells for (if anything)? It's not a credit agreement and I never agreed to becoming overdrawn with these charges. I'm pretty sure that it's Statute Barred, but there is a slim possibility that Stepchange made a payment in 2016.

If I have made payment(s) via StepChange, when will Lowell provide the proof of this? And if they do come up with proof before Mediation, should I just agree to a payment plan, and if so will I still get a CCJ?

Thank you.

[pt2537]

Go after lowells under the unfair relationship provisions of the CCA, claim back the charges under that provision. Its possible as we did so on a client mattter a couple of years ago

[PuddingLane]

Go after lowells under the unfair relationship provisions of the CCA, claim back the charges under that provision. Its possible as we did so on a client mattter a couple of years ago

Sorry, I don't understand. It's not a Credit agreement - what's an "unfair relationship" and how will I claim back charges 9 years later? Claim how anyway - in this action or somewhere else?

[Amethyst]

If you agree settlement in mediation, in full or by instalments, then you won't have a CCJ so long as payments are maintained- it's under a mediation agreement.

Is get a SAR off to Lloyds to see if there is record of payments up to the date they sold the claim to Lowell. You could contact Stepchange to find out if they made any payments to Lowell or Lloyds on your behalf too. Then you know exactly where you stand with Statute barring. It isn't beyond the pail for Lowell to be mistaken about the payment having been made.

[PuddingLane]

Thank you, but if I do nothing and wait for mediation, at what point will Lowells come up with evidence (if there is any)?

[pt2537]

Go after lowells under the unfair relationship provisions of the CCA, claim back the charges under that provision. Its possible as we did so on a client mattter a couple of years ago

Its an overdrawn current account? That is credit, and it is a credit agreement albeit exempt from certain parts of the CCA 1974, however it is still challengeable as per Hoist v Evans

[PuddingLane]

Its an overdrawn current account? That is credit, and it is a credit agreement albeit exempt from certain parts of the CCA 1974, however it is still challengeable as per Hoist v Evans

Ok cheers, it was an unauthorised overdraft caused by Lloyds charges (they never bounced their own debits!). How do I challenge it though? I'm a student so can't afford expensive legal action.

[PuddingLane]

OK, I've received a Directions Questionnaire, which I'm going to return to the Court, agreeing to Mediation.

In the meantime, Lowells have sent me a Tomlin agreement to sign and return to them, but it doesn't state how much they want per month - I'm a student so could only afford a fiver anyway.

They have also sent me a copy of the Notice of Assignment, dated 4/3/16. They have said that the last payment I made, via Stepchange, was on 8/8/16, so it looks like my defence of Statute Barred is dead in the water.

They have also stated that as this appertains to a current account, they have no obligation to provide a copy of the agreement, under the CCA and they will not be providing a schedule of payments.

So, what do I do next? Agree to the Tomlin Order? Still go ahead with Mediation?*

People mentioned taking action for the bank charges, but no-one advised how to do that.*

Does this failure to provide documents (apart from the Notice of Assignment) affect anything?

HELP!

[PuddingLane]

ANYONE?

[MIKE770]

DQ from Lowells not the court???

[MIKE770]

Lowells like most fail at this stage, but can be made to in later proceedings - read threads and you will see this happens to un-steady you into giving in*

[MIKE770]

so agreement?? lowells hope you give up
*

[PuddingLane]

The DQ was from the Court. I've returned it now. The Tomlin agreement was from Lowells - I'm not returning it until it's discussed at Mediation. I'm not giving in, but I don't see what my defence is going to be now? When it goes to Mediation I can see my only option to be setting up a payment plan, otherwise I'll get a CCJ, unless anyone's got any other ideas??

I've looked through all the other threads and can't see anything like the position I'm in, so have no idea how to get out of this.

[MIKE770]

lowells usually send DQ way before the court you end up with two, * if you insist on paying them monies which have not been proven that is your choice BUT haggle for a lower amount as other than 10% is all profit for them, seems you may not be listening to advice above from PAUL who deals with this all the time, but your choice a CCJ is not a shame unless you need a mortgage etc

[PuddingLane]

Sorry Mike, it seems we're at cross-purposes here and you are reading things into my posts that aren't there.

The Court has sent me a DQ with a return date of 3/2/20, so I have complied with the Court's request.*

I'm not insisting on paying any money, but I need advice on whether I can refuse to pay based on them not providing evidence, apart from a Notice of Assignment.
How do I haggle? At the Mediation?*
I have listened to Paul's advice and I have asked how I go after them for the charges, but previous claims have failed on this basis due to the High Court ruling. No-one has said how I do this.
You said that a CCJ is "not a shame," but that's easy for you to say. For me it would cause six years of problems in jobs, getting accommodation and lots of other things.*