**DISCONTINUED** Court Claim - Lowell / Lloyds - 14-7-2015

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

On a slightly different matter, I had an overdraft with Lloyds too, which I never paid. Long story, but basically involved them paying a DD, which I'd cancelled, them returning the money due to their mistake and then taking it back out again making me overdrawn grrr, I disputed it with the financial ombudsman, but they ruled in their favour (July 2009). So, being cross with Lloyds I ditched the OD and the credit card, which is why I'm in this pickle now. Anyway, Robinson Way are writing to me and calling me everyday. Their last letter offered to take a settlement fee. Now, I have been ignoring them as I was sure it is statue barred, but from what I have been reading there are different rules for overdrafts? I have a letter from Lloyds dated April 2009 asking for me to make payment immediately to bring my account up to date. Is that them recalling the overdraft? I didn't actually have an overdraft with them, their DD mistake put me into an unplanned overdraft situation. Would it be statue barred? Thank you in advance!

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

On a slightly different matter, I had an overdraft with Lloyds too, which I never paid. Long story, but basically involved them paying a DD, which I'd cancelled, them returning the money due to their mistake and then taking it back out again making me overdrawn grrr, I disputed it with the financial ombudsman, but they ruled in their favour (July 2009). So, being cross with Lloyds I ditched the OD and the credit card, which is why I'm in this pickle now. Anyway, Robinson Way are writing to me and calling me everyday. Their last letter offered to take a settlement fee. Now, I have been ignoring them as I was sure it is statue barred, but from what I have been reading there are different rules for overdrafts? I have a letter from Lloyds dated April 2009 asking for me to make payment immediately to bring my account up to date. Is that them recalling the overdraft? I didn't actually have an overdraft with them, their DD mistake put me into an unplanned overdraft situation. Would it be statue barred? Thank you in advance!

It would have to be a demand to pay the whole outstanding balance immediately, my guess would be if you did not make a payment to remedy and put the account into proper status you would have has a Final Demand for Immediate Payment in Full within a month.

If for safety you take June as the month the FD was issued then the debt is SB if no payments or written acknowledgments have bees made since.

nem

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Thanks Nem

the he letter is for immediate payment, but I can't find a final demand. I moved after the dispute and didn't receive anymore letters. The last time I aknowledged the debt was when I was disputing it, but then as I was disputing it, I'm not sure that counts as acknowledging the debt?

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Thanks Nem

the he letter is for immediate payment, but I can't find a final demand. I moved after the dispute and didn't receive anymore letters. The last time I aknowledged the debt was when I was disputing it, but then as I was disputing it, I'm not sure that counts as acknowledging the debt?

Hello Llotty,

Much will depend on how your letters were worded, if you have used words that unequivocally state it " my debt" " my account", or statements such as " I cannot afford to pay". How long after the first demand to rectify the account were you still disputing the account in writing?

nem

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Nemisis,

The dispute started not long after the letters in April, the final word from the ombudsman was in July and I didn't reply as asked to do so by them (I was so cross!) So, the last time I possibly aknowledged it would have been before July. The default on my Experian is sometime in October 2009.

[FlamingParrot]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

On a slightly different matter, I had an overdraft with Lloyds too, which I never paid. Long story, but basically involved them paying a DD, which I'd cancelled, them returning the money due to their mistake and then taking it back out again making me overdrawn grrr, I disputed it with the financial ombudsman, but they ruled in their favour (July 2009). So, being cross with Lloyds I ditched the OD and the credit card, which is why I'm in this pickle now. Anyway, Robinson Way are writing to me and calling me everyday. Their last letter offered to take a settlement fee. Now, I have been ignoring them as I was sure it is statue barred, but from what I have been reading there are different rules for overdrafts? I have a letter from Lloyds dated April 2009 asking for me to make payment immediately to bring my account up to date. Is that them recalling the overdraft? I didn't actually have an overdraft with them, their DD mistake put me into an unplanned overdraft situation. Would it be statue barred? Thank you in advance!

I doesn't sound like it, sounds like they were giving you the chance to pay the overdrawn balance and you could still keep using the account if you did, at least that's my interpretation.

The dispute started not long after the letters in April, the final word from the ombudsman was in July and I didn't reply as asked to do so by them (I was so cross!) So, the last time I possibly aknowledged it would have been before July. The default on my Experian is sometime in October 2009.

the he letter is for immediate payment, but I can't find a final demand. I moved after the dispute and didn't receive anymore letters. The last time I aknowledged the debt was when I was disputing it, but then as I was disputing it, I'm not sure that counts as acknowledging the debt?

The default would have been recorded after the overdraft had been recalled. Although defaults on credit files are not a positive indication of SBd status per se, it sounds like the clock would have started between July and September 2009 so if not yet SBd, you'd only have a month or so to go. :thumb:

There are times, particularly with small overdrafts, where the banks may not recall them for a long time, for example I've got a business account I did not use in nearly a year and, like yours, it went overdrawn just with charges, up to nearly £400, yet the bank never recalled it and, four years later, I'm still using the account. However, if a default was recorded that would mean the O/D was recalled and the account closed.

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

I'm wondering whether to send Robinson a prove it letter to stall them as I have a niggling feeling that they'll slap a court order just before SB too just like with the credit card. They're calling twice a day, so their harassment is intensifying

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Nem and Flaming Parrot

I hope you are both well? As you predicted, I have received a letter from Bryan Carter advising me that they "formally confirm their clients intention to proceed. They also said that their client (Lowell) is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary mediate." They then gave me a number to call their 'helpful team'.

Im not sure what to do now, do you think I should negotiate or wait and see?

thank you!

[FlamingParrot]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Nem and Flaming Parrot

I hope you are both well? As you predicted, I have received a letter from Bryan Carter advising me that they "formally confirm their clients intention to proceed. They also said that their client (Lowell) is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary mediate." They then gave me a number to call their 'helpful team'.

Im not sure what to do now, do you think I should negotiate or wait and see?

thank you!

Hi Llotty

Fine here, thanks. :yo:

Just a standard template letter he sends to everyone who files a defence. A last ditch attempt at trying to extract some money for his clients he sends to see if anyone bites. :nono:

Like I say to everyone, one to be filed under 'C'. :grin:

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi,

i recieved a track questionnaire that I've got to fill in before the 5th October for the small claims court. Eeek! Does this mean I'll have to go to court? I don't know what to do :tinysmile_cry_t:

[FlamingParrot]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi,

i recieved a track questionnaire that I've got to fill in before the 5th October for the small claims court. Eeek! Does this mean I'll have to go to court? I don't know what to do :tinysmile_cry_t:

Morning Lotty

There's nothing to worry about, it's just procedure. You need to fill in and return the questionnaire as indicated. Once a hearing is scheduled they'll be instructed to send you the documents at least 14 days prior to the hearing date, that's when they may stumble if they've not been able to obtain them so far. ray: ray: ray:

The questionnaire is fairly straightforward. It's always a good idea to agree to mediation in principle so tock the box. Provide details of your local court and any dates you won't be available just in case. There is no need for experts or interpreters and only one witness (yourself). Any more questions just shout. :director:

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Flaming Parrot

Thank you for your reply! I was certainly worrying

What documents will they need to send me? I'm so worried about going to court!

Morning Lotty

There's nothing to worry about, it's just procedure. You need to fill in and return the questionnaire as indicated. Once a hearing is scheduled they'll be instructed to send you the documents at least 14 days prior to the hearing date, that's when they may stumble if they've not been able to obtain them so far. ray: ray: ray:



The questionnaire is fairly straightforward. It's always a good idea to agree to mediation in principle so tock the box. Provide details of your local court and any dates you won't be available just in case. There is no need for experts or interpreters and only one witness (yourself). Any more questions just shout. :director:

Thank you so much for all of your help!

[nemesis45]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Flaming Parrot

Thank you for your reply! I was certainly worrying

What documents will they need to send me? I'm so worried about going to court!



Thank you so much for all of your help!

The claimant must send you all the documents they intend to rely on in court.

nem

[FlamingParrot]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Flaming Parrot

Thank you for your reply! I was certainly worrying

What documents will they need to send me? I'm so worried about going to court!

Thank you so much for all of your help!

Hi Llotty
Basically what you requested in your CPR request, i.e. the agreement (CCA) and notice of assignment and a statement of account. The default notice is not likely to be obtainable since banks don't retain copies of them.

Don't worry, it's possible they won't be able to get their hands on anything. ray:

[LLotty]

Re: Court Claim - Lowell / Lloyds - 14-7-2015

Hi Flaming Parrot

I hope you are well

Thank you for your reassurance. So, am I right in thinking that if I fill out the questionnaire and send it back, Lowell/Bryn Carter will have to provide the CCA before court? If they don't produce it, will it not go to court?

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Thank you Nemisis