Lloyds Overdraft and Lowells/Court

[Bosh]

Hi Guys,

Wondering if anyone can shed light on a situation which has gone from Lloyds overdraft - (and other DCA inbetween) - Lowell - Now County Court

I have an overdraft from 2004 which I could not pay in 2006 but made token payments up until 2009.
Regarding this one I've had letters from Lloyds-Apex-Moorcroft-Midas legal-credit security-Wescot-Nelson Guest-Gpb Solicitors-IQor and now Lowell !!!
It is now in the hands of Lowels who have issued court proceedings and I am just in the process of now. This OD debt with added charges of £619.22 amounted to £2703.92 and Lowell's have added £162.18 themselves on top of this - The court claim are asking for £2866. I have filled in the acknowledgment of service and then the defence form and I incorrectly stated that I dispute this under the CcA 1974 and also that I do not owe this company and also it is peppered with charges. It says "The claimants claim is for the sum of £2,866.17 being Monies due from Defendant to the Claimant under the Current Accounts agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds TSB under account reference 77173034082668 and assigned to the Claimant on 30/6/2013 notice of which has been given to the defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.59 from the date of assignment of the agreement to the date of issue (31/03/2014) being an amount of 162.25

This was issued on 1st April and I replied and I'm waiting to hear now.

I didnt know about legal Beagles then and didn't know my rights.

Question - Should I bite the bullet and is it too late now because court proceedings have started ? Will I have to accept a CCJ now ? Can I use the charges in my defence ? Is there anything that I can do now ?

The statements received from Lowell's are from 2004- 2006 and my last payment was £1 to Lloyds in 2009. Lowells took over the debt in July 2013

I don't know my rights on this if any at all and what will happen now ? I'm really worried and I know overdraft rules are different. I'm lost and REALLY WORRIED NOW!!!!!!!

Anyone with knowledge on this please would be gratefully appreciated


Thanks in advance

Bosh

[Guest]

Re: Lloyds Overdraft and Lowells/Court

Well the fact that payents have been made within the last six years rules out any SB defense.

Are there significant charges on the account which could be challenged ? Was there any insurance.

[stevemLS]

Re: Lloyds Overdraft and Lowells/Court

What did you say in your defence?

Obviously you now know that overdrafts are not regulated by the CCA.

You might be able to argue on the charges but I don't know enough about that.

Can amend your statement of case/defence but can only do so either with the consent of the other side or by application to the court. If you try and amend it in any other circumstance, the court will almost certainly disallow it.

To get the court's permission you need to make formal application (and pay the fee). If I were acting on the other side, I probably wouldn't agree.

Google CPR Part 17, that tells you how to go about it.

Good luck.

[Guest]

Re: Lloyds Overdraft and Lowells/Court

What did you say in your defence?

Obviously you now know that overdrafts are not regulated by the CCA.

You might be able to argue on the charges but I don't know enough about that.

Can amend your statement of case/defence but can only do so either with the consent of the other side or by application to the court. If you try and amend it in any other circumstance, the court will almost certainly disallow it.

To get the court's permission you need to make formal application (and pay the fee). If I were acting on the other side, I probably wouldn't agree.

Google CPR Part 17, that tells you how to go about it.

Good luck.

Overdrafts are running account credit and regulated under the section 10 of the act. However there may be no sepperate agreement, as the agreement regulations are more than likely exempted via section 74

[stevemLS]

Re: Lloyds Overdraft and Lowells/Court

I meant to say not regulated in the same way as credit cards, should have been clearer, but thanks.

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Thanks guys, Andy, the charges by Lloyds are £619.22 which were added between 2004 - 2006 on the statements.

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Ive been reading about CPR 31.14 ? What is this ? Is it too late now to send to Lowell or am I totally off the radar here ?

[Guest]

Re: Lloyds Overdraft and Lowells/Court

Dd you actually make the one pound payment ?

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Hi Andy, I paid £1 a month to LLoyds up until Oct 2009. In my defense I said that I did not owe this money to this company under CCA 1974 (which I now know does not apply to ODs) now and I also said that it was full of charges throughout. The date of service was 5th April and haven't heard anything yet ? What next Andy ?

Thanks in advance

[Guest]

Re: Lloyds Overdraft and Lowells/Court

Hi Andy, I paid £1 a month to LLoyds up until Oct 2009. In my defense I said that I did not owe this money to this company under CCA 1974 (which I now know does not apply to ODs) now and I also said that it was full of charges throughout. The date of service was 5th April and haven't heard anything yet ? What next Andy ?

Thanks in advance

As said the CCA does apply to overdrafts. Not sure though how it would make any difference in your case.
If you had not made the token payments you could have requested sight of the DN and this would have proven your SB status, however your payments effectively kybwash that.

You could dispute the amount claimed regarding the charges I suppose, but a bit of a long shot IMO. Off what you have said I would try and make a deal if it were me, sorry.

[Amethyst]

Re: Lloyds Overdraft and Lowells/Court

Sounds like you might need to sort things out a little bit or work out an admission and offer to pay by installments (based on your income and expenditure) and take the CCJ , or negotiate direct with Lowell to try avoid the CCJ ... You know what the debt is (overdraft) and think it was at about £2k before charges were added. Might be worth asking the court if the claimants have responded to your defence as you should be getting allocation form about now (if they haven't applied to strike your defence) but worth finding out exact position before doing anything else.
Firstly though, do you have a full copy of the defence you submitted?
Also, Do you own your house ?

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Thanks Andy and Hi Amethyst, thank you for your reply. Yes I do need to sort it out and I wasn't sure of my next move because I'm not knowledgeable about O/Ds, thank Goodness for you guys. Yes shall I ask the court first before my next move ? Yes I do have a full copy of the defence And yes we do own our own house. Just wondering if I did speak to Lowell is it too late to negotiate a F&F settlement or is it too late for that now or do we have to go through the court to ask this ? Not sure of the procedure? Also why havent Lowell provided me with all statements because this bank account goes back to approx 2001 ?

Thank Amethyst

[Amethyst]

Re: Lloyds Overdraft and Lowells/Court

Okay

1) call court and tell us what they say - you want to know the status of the claim and if the claimants have responded to your defence.

2) post up your defence on here

And we'll go from there xx

[stevemLS]

Re: Lloyds Overdraft and Lowells/Court

It is certainly not too late to try and negotiate a full and final - the fact that proceedings are on foot may make it more difficult.

If I were them, sorry to say, I would be applying to have your defence struck out as showing arguable defence and asking for summary judgment.

[Bosh]

Re: Lloyds Overdraft and Lowells/Court

Okay, aww thanks so much Amethyst for taking the time to tell me this....I do appreciate it, Im totally lost on this to be honest. Ok I will ring the court tomorrow (Gulp!!) and find out. Also shall I scan the defence copy and post on here because I now know it is incorrect ?

T.Y. Amethyst