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

[Pinkcat]

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

Finally - if they turn up with the info do I get a chance to view it and what can I expect at the hearing itself? Thanks for your help xx

[mystery1]

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

If they turn up with it you'll get a copy and a new date for filing a defence.

If there is a hearing you pretty much restate what you've already said in your app and WS.

M1

[Pinkcat]

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

That's great M1 - I wasn't sure if it would lead to a full blown examination of the situation but my understanding from what you wrote is its purely a hearing to obtain the documents referred to in the claim for. If they arrive with them do they just hand them over then? Sorry to sound so naïve - I like to be prepared that's all!!

[mystery1]

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

Maybe, but it wouldn't be the first judge to stop their courtroom being used to hand over documents.

This is unlikely to happen though. They usually post documents.

M1

[Pinkcat]

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

Just an afterthought - this is in relation to an overdraft on current account - would there actually be a credit agreement (as referred to in my draft order? There is also mention of the Consumer Credit Act 1974 - do current accounts come under this legislation?) Just double checking everything before I dot the 'i's and cross the 't's xx

[mystery1]

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

An overdraft agreement is pretty different to a credit card/loan agreement. An authorised overdraft must have terms though so there must be an agreement of sorts. Just ask for what is described in the particulars of claim.

M1

[Pinkcat]

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

Ok - I have everything ready to send off. Can I please ask, if I send off this application would it revoke any possibility down the line to set up a payment schedule OR ask for a settlement offer (if I can afford it) or would this rattle their cages too much and make them unprepared to agree to this. I am only asking in case they do actually come up with something credible (which they havent up to now).

[mystery1]

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

You can settle anytime up to judgement.

It is impossible to say how vindictive they may or may not be. It might vary by company but also by individual within a company.

M1

[Pinkcat]

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

Unless Order sent to court on Friday by recorded delivery so lets see what happens. I am presuming I will receive a copy of the order made by the court that is being sent to BW and then the clock will tick. if they do not respond then I guess the claim is struck out and if they do, then I will be able to make my defence. Fingers crossed - let the countdown commence .......

[ncf355]

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

Good luck with it PC!

[Pinkcat]

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

Hello peeps. Just a little development - I received a large bundle of 4 packages today. My SAR request from Lloyds has arrived. Obviously there is loads of reading here although I have had a quick skim. Slightly frustrating is the fact that they have taken the SAR request as a request for info on ALL my accounts (4) and my two credit cards so it is a little tricky to differentiate details from one account to another (they have not bundled the information into separate packs). I have had a little butchers and it appears that they have NOT enclosed a copy of the Default notice that should have been issued (which ties into the fact that I never actually received one anyway) - and the account was in dispute when it was closed. There is a copy of my letter enclosed to show this. Coupled with the fact that they never even told me they were closing the account. As per my previous posts I have sent the Unless Order to the Court so we shall see what happens there but I am seeing that I have a good case - I just have to see what BW come up with for the Unless Order and then rifle through the mounds of docs I have received from Lloyds. Should I push Lloyds for more info regarding the account and the supposed default notice or sit tight for now?? xx Oh, I was really annoyed as well - my overdraft was £1000 and Lloyds charges have taken it to £2800 - that's is just criminal, and I also noticed a strange thing - on the account ledger sheets - the fees, which were well over £200 per month on some months were applied to the account and the overdraft limit which was marked at the top of the page got bigger each month to encompass these fee amounts. All this going on without notification to me. I cant see how they can automatically raise the OD limit each month - why would they do this?? I will read through it tonight and try and be more concise in my post in the next day or two. Thanks again.

[Pinkcat]

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

I have gone through the 4 bundles - as mentioned they have sent details of my 4 accounts AND credit cards but I note the following:
1) there is no default notice, or termination of account letter or anything of that nature.
2) There are pages of general notes printed on the account of where I have called in, specifically complaining and disputing the charges - the account had a £1000 OD limit of which my spending took the account to £990 OD. The charges then took the account over the OD limit and without any further spending by myself the ledgers show the charges spiralled and spiralled taking the account to in excess of £2800 overdrawn. That's a whopping £1800 charges. I am not happy about this at all. Is there any way that I can appeal these charges at this stage or indeed appeal as to why the default was not placed earlier on the account? (this would not make it SB as I have now found out from the statements that I DID evidently pay £45 in before the SB date - according to the records I phoned up again complaining about the charges but they agreed a £100 refund if I paid in £45 which I did.
3) There is no overdraft agreement letter from the outset.
4) I noted something I found strange - although the initial OD limit was £1000, once the charges were piled on, after several months, the OD limit on the statements increased to incorporate the charges. For example, once the charges took the a/c to £1800, the OD limit mysteriously increased to £1800, and so on. At one point the OD limit showed £2300, when the account was £2290 in debt. This was soneting I never agreed with. It is like they were manually increasing the OD limit to take into account the charges. What I also find strange is that the credit check paperwork shows that every time they increased the OD limit there was an internal credit check to go with this. Maybe this is legit and just procedure but I am not sure.

All in all I don't think they have supplied the items I asked for in my SAR request despite sending loads of info. Specifically the three main things - original agreement, default notice, copy of assignment. Could this help my defence and should I chase Lloyds for production of these. (I don't want to file my defence based on the fact they didn't send me any of these (which I don't ever recall they did) and then find out they actually just omitted to send them in my SAR bundle but did send them to Lowells.

As always, any help will be gratefully received. Finally I have no news about my unless order sent to the court last week.

[mystery1]

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

Look on your list of account activities to see if the system thinks they sent you a default notice.

M1

[Pinkcat]

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

Hi M1 - I have looked on the account list and no mention of default notice at all.

[mystery1]

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

Keep that very safe. No default is good news if they are chasing as a defaulted account rather than a contractually terminated one.

M1