BW Legal CCJ via Lowell for Lloyds o/d

[thindes78]

Hi,

I really need help with this one please, I am panicking and feel a bit lost.

BW sent me a SD last Sept '13 for this debt, they have incorporated two together: 1 Lloyds O/D £12k and 1 Three mobile £300 + £1k interest. Total £13,9952.50.

I ignored the SD, as at the time I was prepared to accept BR, I felt I had no choice, being an O/D and under 6 years I felt there was no way out with it.

Since January 2014 the Lloyds O/D became 6 years old. The Three mobile is only about 3 years old.

The CCJ was logged on the 11th of June, today I received a pack from BW and a Particulars of Claim letter, they are charging me 8% per annum, the rates are backdated from when I assume Lowell brought the debt in Jan 2013, to the 20th May 2014. However I am concerned that they will carry on charging 8% per annum, totalling nearly £900 per year each year going forward - which will mean I would never get it paid off, and the debt would increase.

I have acknowledged the claim on the moneyclaim.co.uk website today.

I am confused and not sure what to do here. Can anyone please help?

Thanks in advance.

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi, So sorry for missing your post today xxx

You were lucky with the Statutory Demand, very odd they did that and didn't push it through to bankruptcy, they have done it on debts of just over £1k so they must have thought they wouldn't get much out of the bankruptcy. Just goes to show they use it as a threat.

So they have now entered a claim in court, so you could be statute barred on the larger debt. Did it actually default in January 2008 ? (does it show on your credit file at all?) If so thats a full defence to that claim - and the SD has no bearing on the limitations period, so makes it doubly daft they did nothing till now. Leave pleading that until we have more information though, Lowell do like ummm inventing odd £3 or £10 payments in around 2010 randomly top try avoid statute barring. We'll cross that bridge if we come to it.

The mobile contract is trickier of course, so you could make an offer on that one, or defend it if they have no details proving the debt.

So for both overdraft and phone contract the CCA request wouldn't apply but you should still send the CPR 31.14 request and acknowledge the claim as per http://www.legalbeagles.info/forums/...it-Court-Claim

Could you type out the particulars of claim from the front of the claim form please.

Sharon
xx

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi Sharon, thank you x I did wonder if the SD effected the limitation period, so it is good to know it doesn't.

I will send the CPR 31.14 request tomorrow, and I acknowledged the CCJ today.

I will have to find out if it is on my credit file, which one is the best to check for Lloyds? I have no idea when it defaulted though.

Claimant is Lowell, signed by Alison Duckworth.

Particulars of Claim:
The Claimant's claim is for the sum for 13,442.50. The Defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

The Defendant has breached its contractual payment obligations pursuant to the terms of the Agreements, in respect of which the original creditors have notified the Defendant of the breach and made demand of pay.

The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the Defendant. Despite demand having being served upon the Defendant, the Defendant has failed to settle his/her outstanding liabilities.

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Credit File wise - Noddle is the best free one xx

Thanks for typing that out, in the POC it says '' the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) '' but doesn't detail the actual debts - did they send you info under separate cover ?

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Thanks.. will check Noddle out... they did send me a breakdown yes, that came today.

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Have you managed to get into your credit file and does the Lloyds overdraft show on there at all?

Also could you scan in or type out the breakdown notification you received.

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Okay Noddle, Lowell put the loan on there Sept 2013 and Default it each month. They have logged the date of Default was - Date of default: 15/01/2009

I will scan the breakdown shortly x

Thanks x

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Thank you. Jan 2009 default date - do you recall last time you actually interacted with Lloyds or the account at all? It may have sat racking up charges for a year before it was defaulted. Overdrafts are trickier under the limitations act unless theres a specific timescale for defaulting the account (eg terms that you pay in over £1500 a month or have 3 dd's going out each month etc) as they can continue running without there being any breach until the charges take you over the overdraft, so it's not a done deal that it is stat barred unfortunately.

It is quite a large overdraft though - was it a personal account or a business account ?

Do you recall what the OD was when you stopped servicing the account?

Still think it is odd that despite not doing anything about the Stat Demand they didn't push through for a bankruptcy petition. Do you own your own home?

Anyway definitely get the CPR 31.14 request sent off for the moment - and put on there the information required for each of the debts (overdraft and mobile)

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi.

I can't upload so here is the breakdown:

Lloyds - 12,180.80
Three - 333,30
Interest they have added - 928,40

Yes I do own my home, they know that also as they pointed it out to me in a letter. That is why I thought I was doomed last year, and I was checking the BR registry website for my name nearly everyday.

I had a look and the first debt company letter I received was Jan 2009, before then it was monthly letters from Lloyds informing me of the interest added for the month of the o/d, the start of 2008 they were charging me o/d fees, but around March that stopped.

I stopped using the acc around Dec 2007, because it was over the o/d limit and I couldn't use it anyhow to access my money etc.. After I had got in such a mess with it, circumstances happened, and it was impossible to get out at that time.

Thanks x

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi..

I have not had anything back from BW Legal for my CPR request, I just checked and they signed for it on the 26th June, I only have until the 11th July, really not sure what to do now?

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi guys... still nothing from BW Legal and I only have 2 days left, what should I do now please?

Thanks in advance.

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

You should give BW legal a ring, or email, and ask them to agree to an extension to your defence filing date as allowed under CPR 15.5 - to enable them to give you the documents as requested under CPR 31.14 and for you to file your defence.

If they won't then I think the best bet is to make an application to force compliance with the CPR request.The case will be in fast track so they have no argument about CPR 31.14 not applying.

Could you post the CPR request you sent up pls.

The 'full particulars under seperate cover' - was that literally just the breakdown - no agreements/statements/default notices/assignment etc ?

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Dear Sirs,

Claim Number: XXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 15/06/2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


This request is for information required for each of the debts (Lloyds and Hutchinson mobile).

I look forward to hearing from you.

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Particulars of Claim:
The Claimant's claim is for the sum for 13,442.50. The Defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

The Defendant has breached its contractual payment obligations pursuant to the terms of the Agreements, in respect of which the original creditors have notified the Defendant of the breach and made demand of pay.

The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the Defendant. Despite demand having being served upon the Defendant, the Defendant has failed to settle his/her outstanding liabilities.

You haven't asked for anything, maybe other than the assignment, that isn't mentioned in the statement of case. So we're fine - let me know what BW Legal come back with regards the extension

Have a look at the CPR application guide, it has cost attached to it, £155 with a hearing or £50 without a hearing, or if you are exempt it's nothing..... http://www.legalbeagles.info/forums/...order-at-court

The alternative is to file a defence,saying basically the same thing and hoping the Judge makes an order for them to supply the documents. We can include in there the Stat BArring on the overdraft - but might mean having to make a partial admission on the phone contract as that's not disputed is it ?

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Okay I sent an email, will keep a close eye on it. I completely feel out of depth here, I am not sure what I am doing, so please excuse my ignorance.

With regards to the CPR application guide, I currently have £5 to my name, until I get paid, so I cannot make that type of application, I do get paid on the 11th, but will that be too late?

Also they made the CCJ claim on the 11th June, is it one month or 28 days? as if it is 28 days then today is the last day?

Gosh I feel really lost.