Hbos/lowell/fredrickson/bryancarter

[joolz67]

Hi there,
Just received a County Court claim form, have registered my AOS with the court to defend my claim against these cockroaches.
Original debt was a direct debit that took my account into an overdraft with Halifax that, after their added charges, ended up being just shy of £500 - I refused to pay the charges, as I had done before and got compensation. (This was through a company who have since gone out of business).
I've written a letter to Mr Carter for request of documents, but don't know what else to do as it is an overdraft.
How does this work with an overdraft that goes to court?
Help would be greatly appretiated
Thanks
Joolz

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Hi welcome to LB,

The debt then is for the balance owing on a current account with an unauthorised overdraft.

With Current accounts and overdrafts as you know there no CCA as such, so what
exactly is mentioned in the particulars of claim.

Some information:

If a default sum is made up Entirely of Charges without which the account would not have defaulted the creditor should not register a default. ( Source ICO Technical Guidance on defaults.)

So if the sum claimed is purely charges the debt should never have got this far.

What is the sum claimed now?
When was the account defaulted?
em

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Ok, thanks that's useful to know but I'll need to wait for the SAR that was requested. Also, it isn't on my credit report as defaulted.
Just received a letter from Carter, thanking me for my letter of complaint that is being passed to their cusomer relations team. They have apparently placed my account on hold, but what happens to the court claim?? I'd originally sent them your generic request 31.14 letter, is this normal?

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Ok, thanks that's useful to know but I'll need to wait for the SAR that was requested. Also, it isn't on my credit report as defaulted.

They have 40 days to respond to the SAR and that will take you over your defence deadline, unless you get an extension agreed, see below.

Just received a letter from Carter, thanking me for my letter of complaint that is being passed to their cusomer relations team. They have apparently placed my account on hold, but what happens to the court claim?? I'd originally sent them your generic request 31.14 letter, is this normal?

Uhmmm... I wouldn't trust him just to put it 'on hold'. I would ask Mr Carter to agree to a 28 day extension to file your defence. He doesn't usually agree but if he's sent a letter saying it's 'on hold', you want something more concrete that conforms to the CPRs, such as a letter stating he agrees to an extension so you can forward it to the court. :thumb:

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Ok, thanks that's useful to know but I'll need to wait for the SAR that was requested. Also, it isn't on my credit report as defaulted.
Just received a letter from Carter, thanking me for my letter of complaint that is being passed to their cusomer relations team. They have apparently placed my account on hold, but what happens to the court claim?? I'd originally sent them your generic request 31.14 letter, is this normal?

There's been a couple of Carter/Lowell claims recently where Carter has claimed he's getting data from his " client" regarding a CPR 31.14 request, perhaps he's changing his tune!

nem