Help!! - lowells instructing bw legal on lloyds current account

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Just to clarify this Flaming parrot - I have already sent the CPR 31.14 request letter that you kindly posted up for me. With regard to the Part 18 request for further info letter - I wasnt sure if I should send that to BW or to Lloyds? I didnt want to send it to BW as I didnt want to alert BW that there may have been a payment made within the 6 year SB timeframe. (either by myself or a Lloyds inter account transfer). I appreciate they may know this already but i dont want to add fuel to their burning fire. Should i send it to Lloyds or am I just burying my head in the sand and is it best to just put all cards on the table with BW? Im sorry to seem naive about things but I am just so worried. I thank you again for your lifesaving help with this.

[FlamingParrot]

Re: Help!! - lowells instructing bw legal on lloyds current account

Just to clarify this Flaming parrot - I have already sent the CPR 31.14 request letter that you kindly posted up for me. With regard to the Part 18 request for further info letter - I wasnt sure if I should send that to BW or to Lloyds? I didnt want to send it to BW as I didnt want to alert BW that there may have been a payment made within the 6 year SB timeframe.

Unlike a SAR, which is a request under the Data Protection Act, requests under the CPR have to be sent to the claimant or the solicitors acting for them (BW Legal in this case), not to the original lender. Lloyds have no reason to respond to your CPR request since they're not taking you to court, they've sold the account to Lowell instead.

There seem to be a lot of claims being issued for borderline SBd debts, you may want to look at this thread: http://www.legalbeagles.info/forums/...Statute-Barred

As I said above, you have the option to submit a SBd defence and put the onus on them to prove it's not.

I suggested a Part 18 purely as an alternative to waiting for a SAR, if you really need the information. If you know it's SBd, then you can go ahead and use that as your defence. :thumb:

(either by myself or a Lloyds inter account transfer).

If the payment was not made by yourself (or someone representing you), it shouldn't reset the clock, otherwise all banks would pay themselves small amounts just to keep the debts alive.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Hello again, just an update - I have heard nothing from BW regarding my CPR request and nothing from lloyds regarding the SAR. I am conscious of the timescale. The claim form was dated 7th Feb (although I didnt get it until 14th Feb). I have done the AOS stating I would be defending in full. Should I start chasing or just keep waiting. Obviously I need to know what documents they are going to produce and I am still minded to think that the random payment taken on 01.09.09 was an automatic tran sfer of funds from Lloyds (which if it was makes my life a lot simpler as the matter would become SB). I may phone Lloyds at the end of the week to seek clareification on this. Surely they should be able to state whether the funds taken from my account was made by them or myself?

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

If a payment was made in 2009 from another one of the OPS accounts it cannot be AB?

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

I was under the impression that if the Bank automatically transferred funds from one lloyds account to another (for example where there is funds in one lloyds account they can move this to other lloyds accounts at their own free will) (which I believe they retain the right to do so, and they have actually done this to pay my lloyds creditr card before) then this matter would become SB as I hadnt transferred the funds myself.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Still no documentation received regarding my cpr request to BW or the SAR from Lloyds. I am getting a little worried as the time is ticking. The claim form from NCC was dated 7th Feb and although I have done the aos and stated I intended to defend in full therefore giving me a little extra time I am concerned about the timescales. Upon reading other threads it appears that it goes in my favour to chase BW to show I have been fair and reasonable in giving the other side a chance however I am not sure what to do - should I phone or email or write. And, what do I say. Sorry for my naivity - I really am not sure of the best course of action and I don't want to mess things up by doing/saying the wrong thing. I will have to send in a defence in the very near future but what amI supposed to say????? Any help is hugely appreciated xx

[Amethyst]

Re: Help!! - lowells instructing bw legal on lloyds current account

Some help on the next bits on here http://www.legalbeagles.info/forums/...ic-information but yes basically if you have heard nothing then it is a good idea to chase them up.

So if the claim form was issued 7th Feb, you have 5 days for service, then 28 days (as you acknowledged) so you should be okay to submit defence or application on 6th March, or if they agree to an extension, get confirmation of that to the court by then.

Did you actually send the Part 18 request in the end too ? If so we'll need to amend the application to include that information too.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Hi Amethyst, thanks for helping - I decided not to send the part 18 request in the end. This is because there is a doubt (albeit a small one) that I did actually make a transfer from my other Lloyds account to the one in question - I thought it might go against me to bring this to light as I am hoping that they may not be able to produce any docs and therefore I may still be able to go the SB avenue. Maybe I was wrong to think this and I should have sent it? I thought I may phone Lloyds on Monday (half term this week and I have three children to occupy and find it difficult to get stuck into things) - I have phoned Lloyds about this account recently and they have actually been quite helpful - I was going to ask them specifically how this mysterious transfer of 1st September 2009 was made - I am almost certain it was a Lloyds actioned inter account transfer made by themselves and I think they may be the only ones that can answer this question 100%. Would it be too late to send the part 18 if you think I should? I thank you once again for your valuable advice - I really don't know where I would be without your help x

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Good morning everyone - the clock is ticking on this matter and I am starting to get very anxious about the way forward. I think I may need to contact BW as I have still not heard anything from BW regarding the CPRF request. Shall I phone or email them today and what should I say (I don't want to put my foot in it) - any help would be MUCH appreciated

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

On the subject of The Bank transferring money from one account to another ,if both accounts are in the same name makes sense that it would be ruled the debtor paid so statute barring only counts 6 years after this happened unless payment or acknowledgement was made after that.
Looking at this from here I would say both accounts have money belonging to the account holder so they have paid or am I so wrong

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

I can see your point Wales01man however I would have given no direct authorisation at that time for any funds to be transferred to the account in question, therefore I would say it would be fair to argue the point that the bank took it upon themselves to make the transfer and the 6 years SB clock should not start from that point, it should start from the point of MY last payment. I read on other threads whereby undesirable DCAs apply the £1 CCA fee to the account 'as a payment' in order to restart the clock - its a similar thing isn't it??

[wales01man]

Re: Help!! - lowells instructing bw legal on lloyds current account

I see your point regarding authorising payment this becomes your word against theirs unless there is some written proof from either Playing Devils advocate here its down to who the court believes I would side with you the court may get some paperwork from the bank to say different,
Up until about 5/6 years ago most people trusted banks HA HA HA how wrong can we all be?

[Amethyst]

Re: Help!! - lowells instructing bw legal on lloyds current account

If you have still received nothing then I believe your options remain as Flaming Parrot mentioned earlier

if they don't respond to your requests you can ask them to agree for an extension. If they refuse or still don't comply, then you'd have the option of either:

• Submitting a SBd defence; or
• Applying for an order to force them to disclose the documents.
  

If you are confident that the debt is SBd, you could just go for option 1.

Applying for an order details are in the Library http://www.legalbeagles.info/forums/...ic-information

However, I would go for the Statute Barred Defence if you are certain you didn't make a transfer, if you still want to defend. Otherwise as it is an overdraft and other than the £50 payment there isn't a dispute over the debt amount, it's just quite old, then you would be looking at either entering an admission and offer to pay via installment order, OR negotiating directly with the solcitors/claimants an installment plan via a Tomlin/Consent order whereby you pay installments and the claim is stayed indefinately unless you fail on payments when they get the CCJ.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

If you have still received nothing then I believe your options remain as Flaming Parrot mentioned earlier



Applying for an order details are in the Library http://www.legalbeagles.info/forums/...ic-information

However, I would go for the Statute Barred Defence if you are certain you didn't make a transfer, if you still want to defend. Otherwise as it is an overdraft and other than the £50 payment there isn't a dispute over the debt amount, it's just quite old, then you would be looking at either entering an admission and offer to pay via installment order, OR negotiating directly with the solcitors/claimants an installment plan via a Tomlin/Consent order whereby you pay installments and the claim is stayed indefinately unless you fail on payments when they get the CCJ.

Thanks for that - I do dispute the amount really. The overdraft was originally £1000 and my spending took it up to £990 - Lloyds fees took it over the limit and the rest is fees - I don't think anything can be done about it now but I remember that I did do an MCOL against Lloyds just before the bank cases were 'put on hold'. That's where it stayed. I cannot remember ever getting a default notice for this matter although I did receive a NOA last year. Does this make any difference and would this affect my case if BW cannot come up with the relevant paperwork. I need to phone or email BW to ask for an extension though don't I? If there really is no hope am I right in saying that you think I should phone/email BW and ask for some sort of settlement and if so what do you think they would accept for this £3100 alleged debt? I am on benefits so if they did get a CCJ I don't think I would have to pay it in lump sums but I may be able to borrow something from a relative if they would drop the matter before court. What would you do if you were me?? I am so sorry to bother every one but I just need a little more advice with this.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

UPDATE - I have just spoken to a lady at BW - I think she was more of a junior than a senior - but they say they are still waiting to hear from Lloyds. I asked for an extension which she said ok and to phone the court and advise them. She told me they should have the docs from Lloyds before 14th of March - to which I said I would phone them back near that date to discuss. She asked me what the dispute was - I explained that the account was in dispute in any eventuality and that I had not been aware that the account had actually been closed and I hadn't even received a default notice. She said that because the defaulw as not registered until 2010 that is when the SB clock starts ticking however I pointed out that I felt that they default was registered late and it should have been put on after the last cause of action which was way before. I felt she was fishing for the grounds of my defence. I will phone the court tomorrow and advise of the extension? Doesn't the court require BW to do this? Tbh BW seemed quite helpful (this may have been tactics!)