BW Legal CCJ/ Lloyds TSB

[yorkio]

In 2001 i took out a bank loan for £5000 payable over 5 years with Lloyds. Around 18 months into the agreement i was struggling with finances due to reduced hours and CSA collections. I informed Lloyds and several arrangements were made to pay £40 per month, these usually defaulted because Llolyds were good at breaking agreements. Without spending to much time explaining this the loan, credit card and overdraft remained unpaid from around 2006. For a couple of years i received statements of a total outstanding balance of around £4000, I received an occassional letter from a couple of debt recovery agents but i nformed that the debt was in dispute. For the last 3 years plus i have heard nothing from anyone and assumed the debt had gone statute barred or written off. However yesterday i had a tearful and scared 95 year old neighbour who explained to me that she had been receiving letters at her address for over 3 years and that because of extremely poor eyesight she had opened some of the letters and was scared to say anything for fear of getting into trouble. She has assured me that several letters were returned unopened stating not at this address. The straw that broke the camels back was a CCJ that she had opened issued in my name on behalf of BW legal for £10000 plus pounds issued by Northampton County Court. My address is 14a which was the address to which the loan was applied for in 2001. I have lived at this address ever since. All the mail/correspence however has been sent to 14 which belongs to my neighbour Mrs G. I am urgently seeking your help and advice on this matter.

[FlamingParrot]

Re: BW Legal CCJ/ Lloyds TSB

In 2001 i took out a bank loan for £5000 payable over 5 years with Lloyds. Around 18 months into the agreement i was struggling with finances due to reduced hours and CSA collections. I informed Lloyds and several arrangements were made to pay £40 per month, these usually defaulted because Llolyds were good at breaking agreements. Without spending to much time explaining this the loan, credit card and overdraft remained unpaid from around 2006. For a couple of years i received statements of a total outstanding balance of around £4000, I received an occassional letter from a couple of debt recovery agents but i nformed that the debt was in dispute. For the last 3 years plus i have heard nothing from anyone and assumed the debt had gone statute barred or written off. However yesterday i had a tearful and scared 95 year old neighbour who explained to me that she had been receiving letters at her address for over 3 years and that because of extremely poor eyesight she had opened some of the letters and was scared to say anything for fear of getting into trouble. She has assured me that several letters were returned unopened stating not at this address. The straw that broke the camels back was a CCJ that she had opened issued in my name on behalf of BW legal for £10000 plus pounds issued by Northampton County Court. My address is 14a which was the address to which the loan was applied for in 2001. I have lived at this address ever since. All the mail/correspence however has been sent to 14 which belongs to my neighbour Mrs G. I am urgently seeking your help and advice on this matter.

Welcome to LB

As you didn't receive the court papers, you should be able to apply for the CCJ to be set aside, however, you should also show the court you have a viable defence. If the debt was statute barred at the time proceedings were issued, that would be an absolute defence. :thumb:

If there were no payments or written acknowledgment since 2006, it would be SBd, provided the CCJ wasn't obtained years ago. What was the judgment date?

To apply for set aside you need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. Most applications are dealt with at a hearing. :juge:

It will help if you can show the court that even though you've lived at the same address since 2001 when you applied for the credit, the correspondence has been going to your neighbour's address.

I'll ask admin to move this thread as it doesn't relate to a SD success.

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Thank you very much for your reply Flaming Parrot. Would you mind if when i got home at about 9pm this evening i could directly send scanned documents for your perusal as this is all recent iand i have not had a chance to edit out personal details

[Kati]

Re: BW Legal CCJ/ Lloyds TSB

Thankyou very much for your reply Flaming Parrot. Would you mind if when i got home at about 9pm this evening i could directly send scanned documents for your perusal has this is all recent iand i have not had chance to edit out personal details

[MENTION=42824]yorkio[/MENTION] ... if you sent them to either the admin (admin@legalbeagles.info) or myself (kati@legalbeagles.info) along with a link to the thread and a reminder of what you want doing, we would be able to edit out your details for you and post the documents up for you

Kati x

[Kati]

Re: BW Legal CCJ/ Lloyds TSB

Here's the redacted credit report alerts:

[Kati]

Re: BW Legal CCJ/ Lloyds TSB

and the other documents (including the 'hand delivery' envelope':

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Thank you very much Kati for all your hard work and supreme editing abilities. Do i need to repost in another section. As you will have realised i need to act quickly on this as the clock is running. Once again thank you

[FlamingParrot]

Re: BW Legal CCJ/ Lloyds TSB

Have they combined the overdraft and personal loan under one claim? It looks like they have. I see they were threatening court action for the loan in May 2009, when did you last make a payment towards the loan and when did you take out the loan to start with?

As above, you need to apply to have the judgment set aside on the basis that the claim was posted to your neighbour's address, however, you also need to show the court you have a viable defence, so it would be good if you could tell us a bit more about the history of the personal loan, what you signed, when you applied for it and how, i.e. online, in branch, etc. :typing:

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Sorry was getting a little confused masroll:. I was assuming this thread was being deleted.

Okay let me have a go at explaining . Fact in 2001 i took out a personal loan for £5000 repayable over 60 months at my local branch of Lloyds (wasn't TSB then). The loan was agreed whilst i was residing at my current address 14a. I held a current account with overdraft and a credit card account all addressed as 14a. I got into financial difficulty around 2003.

I rang Lloyds at their collections office and expained the situation to them regarding all accounts held. It may be that a consolidation loan was arranged in 2003 for £7500 (gives reasonable explanation for the strange repayment term of 77 months) something that i cannot recall and do not dismiss. The money i presume would have been paid back into the accounts however stiil left me with a problem of making repayments.

After several attempts i managed to make agreements to pay £40 per month to both the loan/current account and credit card account. This created extra problems because as soon as i had put funds into the loan/current account i was immediatly generating additional charges. The account had been set as a gold account which required a payment of £8 per month. The usual charges were £25 for failing to make payment and £25 returned direct debit. So every £40 paid resulted in £58 of charges. I constantly rang them to inform them of what was happening. They agreed to suspend charges and stop any further interest accrual. This went on stop/start for approx 2.5 to 3 years.

Eventually i was requested to call an overseas (i believe in India) call centre upon when i was told that Lloyds had wasted too much time on this matter and it was time to pay up in full or suffer the consequences. This left me literally with no where to go so i stopped paying

. Not sure when last payment was made but it is my belief that it would have been late 2006 or very early 2007. The current CCJ made in December 2014 is for the loan account. Lowells alledge that the account was defaulted 17/06/2009. The solicitors letter dated May 2009 shows the loan had already defaulted. If the loan for £7500 was made in April 2003 and had regular payments made for 5 plus years would it be reasonable to say that almost £9000 was still owing.

I received the solicitors along with a couple of other letters from DCA's and some (usually quarterly) statements from Lloyds up to about early 2010 at my address of 14a. No other correspondence was received after this date which foolishly led me to beleive the debt had gone away until last weekend when my very tearful and shaking neighbour confessed all. I would be absolutely livid should Bailffs turn up at my 95 year old neighbour demanding to seize goods. As i said she had promised me that all unopened letters had been returned marked not at this address/ try 14a. This would appear to be true as i recently checked my credit record and found that Lowells had done a credit record search for 14a on 25/06/2014.

The statutory demand of September 2013 and CCj of December 2014 are both addressed to 14. Hope this expains the situation a little bit more, Many thanks for your time and advice

[MIKE770]

Re: BW Legal CCJ/ Lloyds TSB

Can you beak up the paragraph as it will be easier to read??

[nemesis45]

Re: BW Legal CCJ/ Lloyds TSB

What happened in regard to the Stat Demand?

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Absolutely nothing happened with the SD

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Correction to above. Lowell state that the default date was 14/08/2009 seemingly suggesting i defaulted 5years and 8 months into the agreement ?

LOWELL PORTFOLIO I LTD

Entry Number: C5 | Account Updated to: 30/11/2014

Name:	MR
Address:	14,
Date of Birth:

Account Type:	Loan
Started:	16/04/2003
Current Balance:	£9,829

Default Date:	14/08/2009
Default Balance:	£9,316

Entry Number: P2

MR

14A,

25/06/2014

LOWELL PORTFOLIO 1 LTD

Unrecorded Enquiry

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Have they combined the overdraft and personal loan under one claim? It looks like they have. I see they were threatening court action for the loan in May 2009, when did you last make a payment towards the loan and when did you take out the loan to start with?

As above, you need to apply to have the judgment set aside on the basis that the claim was posted to your neighbour's address, however, you also need to show the court you have a viable defence, so it would be good if you could tell us a bit more about the history of the personal loan, what you signed, when you applied for it and how, i.e. online, in branch, etc. :typing:

So i need to apply to have judgement set aside due to incorrect postage of claim. Do you feel (in your opinion) that i could show the court a viable defence based on what you have read

[yorkio]

Re: BW Legal CCJ/ Lloyds TSB

Should anyone have any opinions, advice, guidance or help i would be extremely grateful