Court Claim - lloyds overdraft Lowell group

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Noooo it's fine, sorry I hadn't seen your post before.

The Tomlin order will be in place until the debt is paid off, but you are asking them to build into it that you can review the payments in September when you return to work.

The writing under separate cover is basically if they say no to this we'll send them a CPR request for copies of the statements, agreement and how the sum claimed has been made up. Basically it's a bit of a ' accept the offer or it's going to cost you more to deal with this' hint.

And yes you should be able to email to BW legal and send hard copy in the post as well as back up. Just might get it looked at quicker.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Ah Thankyou so much for replying. Can't not Thankyou enough.

Can I ask though because I'm acknowledged the claim and indicated I wish to defend, if BW accept the offer do they inform the courts and if they don't respond do I then make an offer though the claim form and accept the CCJ? Maybe I'm just thinking to far in advance

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

And the tomlin order is the same as a consent order? There's not a set time period.

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Yes xx

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Sorry is that yes to the tomlin order or yes to post above that? Lol minds working faster than my fingers.

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

If BW accept the offer they should draw up a consent/tomlin order (like the BryanCarter one posted earlier on the thread by Tools) and send that to you to agree - that is then submitted to the court and everything is just put on hold. If they don't respond then you can admit and offer to pay, but with a £5 a month offer you will then have a CCJ against you, so it would be a case of negotiating further or defending the case.

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Tomlin/Consent order are same thing really, consent order can be a bit more complex and tomlin is just a basic ''stay it in court while I pay it so I don't have a CCJ order, that allows the claimant to go back to court if I muck it up later'' order between the parties in a court claim.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Ok but if I sent this letter will that not be classed as me acknowledging the debt? So even if they refuse my offer I cannot claim it's status barred later on? Also will the tomlin order will it go my credit file so other creditors know I'm paying this particularly creditor?

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

The letter is marked without prejudice and is an offer to settle without any admission of liability.

I can confirm that I am unable to offer to pay the money claimed in full,

I changed that to claimed from owed, so you are not admitting owing the debt.

Once a claim is in court it stops the clock on stat barring - so if it wasn't stat barred before the issued the court claim, it can't go stat barred during the court claim process.

The agreement won't go on your credit file no. They might update the status of the account (does this debt show on your credit file?)

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

The letter is marked without prejudice and is an offer to settle without any admission of liability.

I changed that to claimed from owed, so you are not admitting owing the debt.

Once a claim is in court it stops the clock on stat barring - so if it wasn't stat barred before the issued the court claim, it can't go stat barred during the court claim process.

The agreement won't go on your credit file no. They might update the status of the account (does this debt show on your credit file?)

Yes It does show on my credit file as a default in 2009 but I can't remember the last payment due to the overdraft etc but then a CCJ would show on my credit file anyway so I'm guessing any creditor would see that I am paying a debt back either way right?

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Indeed.

A CCJ would go on at the point it was awarded (well 28 days later) and remain there for 6 years.

Whereas your original default in 2009 will fall off your credit file next year.

Is there a particular creditor/issue you are concerned about seeing anything on your credit file?

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Just a loan for £9000 which I'm sure is status barred. Just a bit worried that they will all come out of the woodwork now and I'm working off old credit reports to see last payments and work out dates etc but I'm sure the bigger ones are statute barred it's just this overdraft and anotger one I'm not sure about the date. Think I'm just panicking and thinking the worst about the whole situation.

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Ahhh, things can get a little tense around the time things are about to go to statute barred. At least the one that HAS come out of the woodwork is a smaller one.

Loans and credit cards, especially those opened before 2007, can be a bit easier to deal with as they have to provide you with credit agreements that are complaint under the consumer credit act, so if any of those do come up then just come back on here.

Overdrafts are always a little trickier for statute barring and defending as there's less technical issues to use in your favour.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

The majority show on my credit report as settled or defaulted before August 2008 and now they've dropped off my credit report. I'm pretty sure I've had no contact with any since that date.

Thankyou again for your help. About to email this letter. Wish me luck xx

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Hello,

Can someone help? I have emailed and posted the letter above. I have received this email this morning.

Dear Madam
We write in reference to the above matter and your email received on 10 November 2014, contents of which we note.
Unfortunately due to the Data Protection Act we are unable to discuss any information pertaining to the reference quoted without first completing Data Protection verification.

We would therefore appreciate it if you could contact our offices on 0113 323 1784 in order to complete Data Protection verification enquiries which will allow us to correspond via email in future and to discuss this matter further.
Alternatively, please provide a contact number along with a convenient time and a call back will be requested for you.

Kind regards

Do I really need to call them? I'm worried if I talk over the phone i'll end up admitting something or saying something stupid.