Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

**ncf355** · 22nd April 2014, 11:16:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Hi Jamie,

Your first move is to acknowledge the claim stating an intention to fully defend all the claim (online, via the details shown on the claim form)

This will give you an extra 14 days to file a Defence, so a total of 28 days + 5 for service from the date of issue

**ncf355** · 22nd April 2014, 11:17:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Being an overdraft makes things a little trickier as the agreement reguilations are not so clearly defined as with a personal loan/credit card

**ncf355** · 22nd April 2014, 11:18:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

It sounds like you would have an outright Defence under the limitations act - if you are absolutely sure you have enother paid money to, or acknowledged this debt in writing since 2007, this would be your Defence (I'm assuming you are in England?)

**Jamie2014** · 22nd April 2014, 11:22:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Hi

Yes i am in England.

**ncf355** · 22nd April 2014, 11:44:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

OK,

Best to proceed with the above then - just acknowledge for now, but it's also worth putting in a CPR 31.14 request to them, as I believe you have already seen elsewhere on the site based on your comments above

**ncf355** · 22nd April 2014, 11:46:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Can you write out (or scan up) the actual text of their claim, minus the personal details (if scanning, make sure all bar codes/reference numbers are hidden, as well as account number, name, etc)

This will give us a better idea of how you should construct your CPR 31.14 request.

**Jamie2014** · 22nd April 2014, 12:10:PM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Yes i will do, this evening as i am at work and the scanner doesn't work. I appreciate your effort.

**ncf355** · 22nd April 2014, 12:18:PM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

More than welcome

If it means it deprives Lowells, all the better

**Jamie2014** · 22nd April 2014, 20:51:PM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Here is the case particulars.

Nothing else was sent with the claim. No contract, no proof, no other documents. nothing.

Attached Files

DSC_0336 (600x800).jpg (268.1 KB, 1 view)

**Amethyst** · 22nd April 2014, 22:13:PM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Rather vague - Finance and/or Services and/or Goods

If it is for an overdraft (which is difficult to know as it's not stated ) then no the cca 77-79 request wouldn't be valid - however asking for the documentation under cpr 31.14 would be valid - as they mention the agreement - but nothing about what kind of agreement - just the name of the lender HBOS.

So you don't think you ever had an overdraft on an old HBOS account and haven't had anything previously regarding this debt ? Does the account number mean anything to you ?

In 2008 or 2009; i wrote to HBOS plc under the unenforceable contracts laws, requesting original contracts and documentations, regarding this, they never replied. I used a third party law firm for this.

Who did you use to do this and did you pay them ? Also what exactly were they doing ? If they were negotiating on your behalf or made any payments then it may burger up the Stat Barred defence.

**Jamie2014** · 23rd April 2014, 08:48:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

Hi Amethyst

Yes your right, it is not clear what the claim is for.

The reference provided is my old current account, so I presume its an overdraft, as it definitely is not a loan.

2008-09 I used a company called Monster Claims, they don't exist any more, it was definitely for unenforceable contracts. No negotiating a settlement, no payments. Like I mentioned, when I took the account i clearly stated i wanted no overdraft, I don't require one. This was to unearth the contracts. I don't know how the account went in to overdraft, that they feel they need to chase me.

**Jamie2014** · 23rd April 2014, 09:40:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

I just got a copy of Equifax report.

September 2006 was when i stopped using the Halifax account. However they didnt register a default until july 2009.

Help?

**ncf355** · 23rd April 2014, 10:13:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

That's irrelevant really - DCA's and Creditor's are constantly misreporting the actual date of Default, you need to rely on statement information or your own (CLEAR) recollection

**Amethyst** · 23rd April 2014, 10:47:AM

Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

As well as sending the CPR request send as Subject Access Request to HBOS to find out how the debt is made up.

Was your account a fee paying account?
Were you aware of a debt when you engaged monster claims?
Did you leave a continuous payment authority or direct debits on the account which could have racked up charges?

Just for ref

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Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.