**Discontinued** Court Claim - MKDP LLP / Lloyds OVERDRAFT - 12-3-2015

[christinez]

Received a claim? Yes
Issue Date: 12-3-2015
Amount approx: 7309.47
Claimant: MKDP LLP
Solicitor:
Original Credit: Lloyds

Particulars of Claim:
The Claimant claims the sum of 7309.47 being monies due from the defendant to Lloyds Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on 20/6/2014. The defendant(s) account number was xxxxxxx. It was a term of the bank account that any debt balance would be repayable in full on demand. The defendant has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC. The claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have acknowledged the claim online. I have also printed off the CCA and CPR requests to go off today.

I worked for Lloyds TSB and I was required to open this account as part of my employment. I never signed for any overdraft or any subsequent increase. The girls there just increased it on the computer when I asked for it. There was never any affordability or anything like would be done for customers. They just clicked a button and said "there you go done"! So I know there will be no paper trail to prove that I signed for any of this, I would also assume that a lot of this is charges. Can't remember when I last used this account, I finished working there in 2006 and stopped using the account in 2009 I have previously requested the CCA and received a letter stating it did not apply?

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi, Overdrafts are exempt from parts of the CCA1974, there is no credit agreement as such.

The normal process is for a letter of acceptance of the OD facility to be sent/given at the time the facility is provided.

Have you checked your credit reference files for this account? If not it would be wise to do so.
The CRA files will show the default date which with OD's is important as it starts the Statute Bar 6 year clock ticking and as you stopped using the account in 2009 the actual date is critical.

nem

[Guest]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

I would be careful here,the SB period is not nesesserily the same as the date the record was placed on your file.
Overdrafts fall under section 6 of the sol 1980. The SB date runs from the first demand for full repayment

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi Nem,
Thank you for the response,

It is saying that the account was defaulted 16/11/2012 which surprises me as I opened the account I use now in 6/2010 so I would not have been using that account since then. I 100% have not touched the account since opening my current account that I use now.

What should my next steps be?
Christine

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Ok, Can you recall what the balance of the account was when you ceased to use it?
This may have been inflated by charges and interest.
The default date is the safest indication for determining when the SB clock starts ticking
for OD debts as many demands for payment are often issued.

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

This is the letter I had back in 2010

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

A proper response to the CCA request.
Was the other data just statements, or was there any mention of the OD limit changes?

nem

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

I also received with this letter a bunch of statements. I remember paying a chunk off. So it starts 2009 Dec balance 6679.73 then it goes up and down. It states the final balance as of March 1 2010 is 2726.77. I've just looked through the statements an they seem a bit strange in so much as when I've had money paid in the balance has gone up and at some stages it is 10,000 well over the 7000 limit. I'm totally confused. Now they are saying in the Claim over 7K again?

[Guest]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

On an overdraft the SB period starts on the issuance of the first demand for repayment,the default date as absolutely nothing to do with it. There is a thread on here somewhere which explains the situation.

[Guest]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

On an overdraft the SB period starts on the issuance of the first demand for repayment,the default date as absolutely nothing to do with it. There is a thread on here somewhere which explains the situation.

I am on a tablet so can't link,but have just bumped the thread for you

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Thanks Andy,
So are you saying that this letter with the 2010 date is of no importance as the default I guess would have been before this? I don't remember when or if there was a demand letter. Do I need to find this out? I'm more worried with how the balance has gotten from 2K-7K

What should I do next?

[Guest]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Thanks Andy,
So are you saying that this letter with the 2010 date is of no importance as the default I guess would have been before this? I don't remember when or if there was a demand letter. Do I need to find this out? I'm more worried with how the balance has gotten from 2K-7K

What should I do next?

You need to find out when the first formal demand for repayment of the full sum due under the overdraft.
The problem with abandoned overdrafts is that they can say although not accessed the facility was still there.

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

See BMW Finance - v - Hart which is having an impact on HP and OD accounts.

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

So shall I just send MKDP a letter asking for a copy of the first demand? Should they have that if they have the file?

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Personally I would contact Lloyds for that information MKDP wont have it as debt is sold in portfolio lots with the absolute minimum of information.

nem