Court Claim - lloyds overdraft Lowell group

**Jojo9786** · 7th November 2014, 02:44:AM

Court Claim - Lowell / Lloyds - 4-11-2014

Received a claim? Yes
Issue Date: 4-11-2014
Amount approx: 500
Claimant: Lowell
Solicitor:
Original Credit: Lloyds

Particulars of Claim:

Stat Barred? Yes

Have sent:

Other Info:

**Amethyst** · 7th November 2014, 12:34:PM

Re: Court Claim - lloyds overdraft Lowell group

Okay - considering your time constraints ( congratulations by the way, I hope all goes well for you) I reckon you'll be best off initially putting in a defence based on statute barring.

However lets have a little look at the debt first.
It's an overdraft from Lloyds - personal account.
Do you recall how much it was in 2008 ?
Was there much in the way of charges included in the debt ?

What is your priority - avoiding a CCJ (if you're coming up on 6 years for everything presumably your credit file will be self cleaning soon so a CCJ might burger stuff up again) or not paying the debt ?

I ask as on a £550 debt you could negotiate payments over a year and not have the CCJ against you ( under what's called a Tomlin Order)

**Jojo9786** · 7th November 2014, 13:42:PM

Re: Court Claim - lloyds overdraft Lowell group

Originally posted by Amethyst View Post

Okay - considering your time constraints ( congratulations by the way, I hope all goes well for you) I reckon you'll be best off initially putting in a defence based on statute barring.

However lets have a little look at the debt first.
It's an overdraft from Lloyds - personal account.
Do you recall how much it was in 2008 ?
Was there much in the way of charges included in the debt ?

What is your priority - avoiding a CCJ (if you're coming up on 6 years for everything presumably your credit file will be self cleaning soon so a CCJ might burger stuff up again) or not paying the debt ?

I ask as on a £550 debt you could negotiate payments over a year and not have the CCJ against you ( under what's called a Tomlin Order)

Thankyou and thankyou for your response.

The Debt is what i think is bank account charges or an overdraft. The only information i can find about this account on my credit file is its a lloyds tsb current account which defaulted in March 2009. However all of other debts i stopped paying in December 2007 and they defaulted in the beginning of 2008. I can't see why i would have kept this account when i literally had nothing. I think there is about £300 pounds worth of charges now, i am sure the original amount was in £200 mark but being six years ago, and not keeping any records i'm a hundred percent sure.

My priority would mainly be avoiding a CCJ considering nearly everything else has fallen out.

I called the National Debtline this morning and their advise was conflicting to the factsheets i sent the night before. The lady i spoke to said that because i didn't know when i stopped paying and because it was an overdraft it may not be statue barred, and if i was to use that as a defence and lost then i would be liable to the claimants court cost. She also said i could contact the claimant and find out when the last payment was on when the bank closed the account, but i am worried that i may end up acknowledging the debt.
Then she said i could pay, which if i have to do i will. However i am due to goon maternity leave and my income will drop, how to put this on the claim form? At the moment i am earning full wage but as soon as the baby is born i will drop down to £130 something a week.

I am just a bit lost, after finally accepting i can no longer hide from this i want to get it sorted but it just so happens like i said i am due to give birth any day, so don't want to drop myself in further trouble but not answering in time.

So if i was to defend on the basis of status barred and the debt wasn't , will i end up paying more?
Or if offer to pay a small amount until i am back to work will this avoid a CCJ being added to my Credit File. I received the letter yesterday and it is dated the 4th so do i have 14 days from the 4th or 14 days from the 6th?

Any help will be so appreciated

**Jojo9786** · 7th November 2014, 21:08:PM

Re: Court Claim - lloyds overdraft Lowell group

Originally posted by Jojo9786 View Post

Thankyou and thankyou for your response.

The Debt is what i think is bank account charges or an overdraft. The only information i can find about this account on my credit file is its a lloyds tsb current account which defaulted in March 2009. However all of other debts i stopped paying in December 2007 and they defaulted in the beginning of 2008. I can't see why i would have kept this account when i literally had nothing. I think there is about £300 pounds worth of charges now, i am sure the original amount was in £200 mark but being six years ago, and not keeping any records i'm a hundred percent sure.

My priority would mainly be avoiding a CCJ considering nearly everything else has fallen out.

I called the National Debtline this morning and their advise was conflicting to the factsheets i sent the night before. The lady i spoke to said that because i didn't know when i stopped paying and because it was an overdraft it may not be statue barred, and if i was to use that as a defence and lost then i would be liable to the claimants court cost. She also said i could contact the claimant and find out when the last payment was on when the bank closed the account, but i am worried that i may end up acknowledging the debt.
Then she said i could pay, which if i have to do i will. However i am due to goon maternity leave and my income will drop, how to put this on the claim form? At the moment i am earning full wage but as soon as the baby is born i will drop down to £130 something a week.

I am just a bit lost, after finally accepting i can no longer hide from this i want to get it sorted but it just so happens like i said i am due to give birth any day, so don't want to drop myself in further trouble but not answering in time.

So if i was to defend on the basis of status barred and the debt wasn't , will i end up paying more?
Or if offer to pay a small amount until i am back to work will this avoid a CCJ being added to my Credit File. I received the letter yesterday and it is dated the 4th so do i have 14 days from the 4th or 14 days from the 6th?

Any help will be so appreciated

Sorry I have another question. My partner has suggested that I make an offer for £5 a month or something to that affect until I'm back in work and can offer more. If I offer an amount to pay will it still be a CCJ and if I do pay will other creditors see that I'm paying this creditor and chase me for theirs. The other debts are statute barred I think it's just this one I'm not sure because it was an overdraft as explained above.

Also can you explain what a tomlin order? I would really appreciate advise.

thanks

**Amethyst** · 7th November 2014, 22:53:PM

Re: Court Claim - lloyds overdraft Lowell group

Hi xx

Okay, first of all you should go to moneyclaimonline and acknowledge the claim, tick the intend to defend in full box, that is all. This needs to be done within 14 days of receiving the claim. This is not binding on you and you can change it later, it just extends the time you have to respond to 28 days from when you received the claim.

I agree with National debt line, overdrafts are difficult to defend s statute barred as unlike a credit card there's no set point where a cause of action arises, ie when they can ask you to repay the debt in full and terminate the agreement, and it is that point that is used as the date for limitations.

Which solicitors is bringing the claim for Lowell, is it BW legal or Bryan carter?

I do think a good option would be to negotiate, in writing would be best, but telephone might get it sorted quicker, ask for a without prejudice conversation about the claim, explain your situation with the baby and maternity leave / finances and ask if they would agree an out of court settlement, under a consent order, and you can review it in six months with a view to increasing it at that point. Mention the alleged debt is bank charges and you believe it is statute barred, just by way of encouragement for them to accept, but that you have other things to deal with right now so they have caught you at a good time, for them... etc.

I'll find a link to a Tomlin/consent order so you can see what it is, but basically it leaves the claim on hold in court, as the claimants security, and you agree to pay xxx a month(or a lump sum), if you fail they can just ask the court for the judgment, hence it needs to be a sensible affordable offer, but it means you don't get a CCJ,as long as you keep the payments up.

If you defend on the basis of stat barred and it actually got to a court hearing (would probably take three to six months to get to that stage) then if you did lose there may be some costs added but in small claims this would be limited , buts of course the you'd have been dealing with letters and forms and stuff for few months which can get stressy, and you'd have the ccj added to your credit file.

(p.s. am doing post in stages and saving as am on tablet and I sometimes lose what I typed if I do too much at once .... edit... thinks that's it for now xx )

**Amethyst** · 7th November 2014, 23:15:PM

Re: Court Claim - lloyds overdraft Lowell group

Ah also.... the consent order would be between you and the claimant so other creditors need not know. If you do have a number of debts coming up to stat barred time you might get others popping out of the woodwork too, if you do don't worry we'll help you deal with them individually.

And if you offered using the 'admission' form yes you would have a CCJ on your file too. Only wy not to get the CCJ is to beat the buggers in court, or negotiate an out of court settlement/Tomlin order with them.

**Tools** · 7th November 2014, 23:18:PM

Re: Court Claim - lloyds overdraft Lowell group

From Ame

**Jojo9786** · 8th November 2014, 11:14:AM

Re: Court Claim - lloyds overdraft Lowell group

Originally posted by Tools View Post

From Ame

Thankyou.

i have acknowledged the claim and ticked I intend to defend. I am assuming that gives me 28 days
from the date of issue.
i think my best bet will be to offer out of court. I am keen to avoid a CCJ especially as everything else is
dropping off my credit file. And I can't say for certain that it has been 6 years. The solicitor is BW legal. What Is the likelihood that they will accept an offer? Especially
since I have ignored them for 6 years. Do I write to them or Lowell?
Is there a specific letter I need to send them or is it just explaining my circumstances and making an offer?
And I'm assuming as soon as I send this letter I am acknowledging the debt and can't use statute barred in court if they refuse.
Sorry for all the questions I just want to get my head around all of this after biting my head for so long.
thanks again

**Jojo9786** · 10th November 2014, 08:57:AM

Re: Court Claim - lloyds overdraft Lowell group

Originally posted by Jojo9786 View Post

Thankyou.

i have acknowledged the claim and ticked I intend to defend. I am assuming that gives me 28 days
from the date of issue.
i think my best bet will be to offer out of court. I am keen to avoid a CCJ especially as everything else is
dropping off my credit file. And I can't say for certain that it has been 6 years. The solicitor is BW legal. What Is the likelihood that they will accept an offer? Especially
since I have ignored them for 6 years. Do I write to them or Lowell?
Is there a specific letter I need to send them or is it just explaining my circumstances and making an offer?
And I'm assuming as soon as I send this letter I am acknowledging the debt and can't use statute barred in court if they refuse.
Sorry for all the questions I just want to get my head around all of this after biting my head for so long.
thanks again

Hello,

I have drafted a letter, can someone please check that I am writing the correct statements. I have acknowledged my claim that I wish to defend as advised. But what happens if they accept the letter, does it matter that I've ticked i wish to defend?

Who do I address the letter too is it the solicitor BW or Lowell

My Name Address

Name of Solictor or Lowell?

WITHOUT PREJUDICE.

Dear Sir/Madam

Reference: Court Claim Number?

I write with reference to the money in which you are claiming on the above court claim number.
I do believe this account is status barred but I have no information regarding the account and at this moment I am due to give birth in the next few days.

I can confirm that I am unable to offer to pay the money which I owe in full, due to the birth of a new baby and the fact that my income is dropping to weekly Statuary maternity payments.

However If you would be willing to accept a consent order I can offer to pay £5 a month until September next year when I will be back in full time employment.

This offer is made on the understanding that if accepted, neither you or an associate company will take any other action unless I fail on payments.

I can make the first payment on the 1st of December and the first of the month hereafter, until September 2015, when I can re-access my financial situation.

I look forward to your reply.

Yours Sincerely.

If anyone has any pointers or any help i would really appreciate it. I would like to get something in the post this week due to baby and if someone could answer my questions above i would be so grateful. I appreciate that you are all helping so many other people as well.

Thanks

**Jojo9786** · 10th November 2014, 14:13:PM

Re: Court Claim - lloyds overdraft Lowell group

Can anyone help I'm desperate I really want to get this letter off before I go into labour please.

**Amethyst** · 10th November 2014, 14:19:PM

Re: Court Claim - lloyds overdraft Lowell group

Hiya, just having a read back xxx

**Amethyst** · 10th November 2014, 14:29:PM

Re: Court Claim - lloyds overdraft Lowell group

My Name Address

B W LEGAL

WITHOUT PREJUDICE.

Dear Sir/Madam

Reference: Court Claim Number xxxx - Lowell Portfolio v Jojo

I write with reference to the money in which you are claiming on the above court claim number.

I have acknowledged the claim and indicated my intent to defend in full. It is my belief that the account is statute barred, and is fully made up of overdraft charges, however due to the age of the account I do not hold any records regarding dates or any amounts left outstanding. I will write to you under separate cover requesting further information about the account and copies of documents on which you wish to rely in court so I may fully assess my position.

In the meantime though, my personal circumstances are that I am due to give birth in the next few days, and would really prefer to just get this sorted out before then.

I can confirm that I am unable to offer to pay the money claimed in full, due to the birth of my baby and the fact that my income has just reduced to weekly Statutory Maternity Pay. However if you would be willing to draw up a Tomlin order putting the claim on hold in the County Court, I can offer to pay £5 a month until September 2015 when I will be back in full time employment, at which time I will be able to review my financial circumstances and increase payments accordingly.

This offer is made on the understanding that if accepted, neither you or an associate company will take any other action, including requesting default judgment, unless I fail on payments.

I can make the first payment on the 1st of December and the first of the month thereafter.

I look forward to your reply, and would appreciate it if you could respond as soon as possible.

Yours Sincerely.

**Amethyst** · 10th November 2014, 14:30:PM

Re: Court Claim - lloyds overdraft Lowell group

email address collections@bwlegal.co.uk unless you have a named person on your court claim form / previous letters

**Jojo9786** · 10th November 2014, 14:36:PM

Re: Court Claim - lloyds overdraft Lowell group

Thankyou so much for replying. Sorry for being so pushy. I can just email the letter to BW?
also what do you mean by 'I will write to you under separate cover requesting further information about the account and copies of documents on which you wish to rely in court so I may fully assess my kposition.'
Is a tomlin order for a timed period? It may be over a year that it will take to pay it back?

Court Claim - lloyds overdraft Lowell group