HELP! URGENT! Lowells - bank overdraft

[PuddingLane]

OK, I've posted about this before, but I got some unhelpful replies and then... nothing. I hope someone who knows their stuff can please advise me this time.

Lowells have issued CC proceedings for an old Lloyds overdraft (made up of bank charges). We've established it's not statute-barred, but I've only received a Notice of Assignment from Lowells and no other paperwork backing up their claim, as it's an overdraft.

We are at the stage of arranging a mediation appointment, but should I really be doing this when there is a lack of paperwork - I don't even know what paperwork to ask for?

Lowells have also drafted a Tomlin Order.

I really don't want another CCJ, so what the heck do I do? I feel mediation will be just giving in, as it will be about negotiating the amount. but how do I stand with this lack of paperwork? If Mediation goes belly-up, will it be best just to go with the Tomlin Order?

PLEASE HELP!

[MIKE770]

They. Cannot be too sure then. Ask for CCA send £1* recorded delivery keep copy that will make them think. Amethyst*

[Amethyst]

How old is the overdraft ? When was the account closed/defaulted ? Presumably under 6 years as you say it's not statute barred. So ....

...How much is the claim ?

...Do you recall how the overdraft was built up and when / how come it ended up defaulting ?

.... What did you file as your defence ?

.... What documents did you ask for in your CPR 31.14 request ?*

....Is the Tomlin order for an affordable monthly amount with the claim on hold until it's paid up ?

[PuddingLane]

How old is the overdraft ? When was the account closed/defaulted ? Presumably under 6 years as you say it's not statute barred. So ....
...How much is the claim ?
...Do you recall how the overdraft was built up and when / how come it ended up defaulting ?
.... What did you file as your defence ?
.... What documents did you ask for in your CPR 31.14 request ?
....Is the Tomlin order for an affordable monthly amount with the claim on hold until it's paid up ?

1. Just over £5k
2. Overdraft was built up for going overdrawn and them slapping charges on and then going overdrawn again due to the charges. I then lost my job due to illness and then the account closed in 2011, but I unwisely (in hindsight) set up a StepChange plan and payments were made in 2016.
3. I claimed it was statute barred, but had forgotten about the StepChange plan. I also claimed their claim particulars were vague and not backed up with paperwork.
4. I don't know what a CPR 31.14 is, but I asked for the credit agreement and a Notice of Assignment. They said there is no CA as it is an overdraft.
5. The Tomlin Order just has the monthly amount left blank and it does say the claim will be on hold.

THANK YOU SO MUCH!

[pt2537]

The stupidity of their position is there for all to see when you simply point out that if there is no agreement then there is no liability, there will be a written set of terms and conditions, they must produce those as a bare minimum.

The CCA comes into play also with s140A CCA 1974 as the adding of charges gives you an argument at least the relationship is unfair.

[PuddingLane]

So, what do I need to do?

[GBExile]

So, what do I need to do?

Start by acknowledging receipt immediately as it states on the claim document from the court you have been given that came in the brown envelope & then follow process on the right hand side of this page that starts with "First Steps" down to & including "Subject Access Request Letter" making sure you have already acknowledged the claim online. Do each step.
Then write to Lloyds regarding an affordability complaint & say you do not believe they treated you fairly with the reoccuring changes & interest mounted upon continuing charges & interest putting you in a continuous spiral of mounting debt.
That will keep you busy over the weekend.

And sent the letters recorded. What was the date on the Court Claim?

[PuddingLane]

What was the date on the Court Claim?

Cheers, 26/11/19

*

[GBExile]

Cheers, 26/11/19

Have you submitted your defence?