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** WON ** Court Claim - lowell / Lloyds - 5-9-2014 - DISCONTINUED

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  • ** WON ** Court Claim - lowell / Lloyds - 5-9-2014 - DISCONTINUED

    Received a claim? Yes
    Issue Date: 5-9-2014
    Amount approx: 8500
    Claimant: lowell
    Solicitor: BW legal
    Original Credit: Lloyds

    Particulars of Claim:
    Unpaid debt plus costs fees etc

    Stat Barred? Yes

    Have sent:

    Other Info:
    Overdraft formal demand sent Dec07/Jan 08
    No payments into the account since sept 07
    Last cheque cashed/returned Feb 08
    No activity other than charges since March 08
    Tags: None

  • #2
    Re: Court Claim - lowell / Lloyds - 5-9-2014

    Hi Angel and welcome to LegalBeagles

    So you reckon this might be statute barred if there's been no payment or acknowledgement since March 2008 ( at the latest) ?

    Have you submitted your acknowledgement of service ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court Claim - lowell / Lloyds - 5-9-2014

      Hi Thanks for replying
      No I've been on mse for advise and they told me here may help too
      I will post the acknowledgement of service today.

      Comment


      • #4
        Re: Court Claim - lowell / Lloyds - 5-9-2014

        Definitely no payments in since 2007
        But some cheques are showing Jan/Feb 08 do these count?
        And I've never acknowledged this by phone or writing

        Comment


        • #5
          Re: Court Claim - lowell / Lloyds - 5-9-2014

          Possibly, but to be honest it won't matter as March 2008 seems to be default date if that's when charges stopped and that's more than six years

          You could just put in a simple defence something like ( just a first draft )

          .................................................. .................................................. .................................................. .................................................. ..........

          1: This claim is for an overdraft on a current account that was held with Lloyds Bank Plc.

          2. It is denied that the Claimants are entitled to the relief as claimed, or at all.

          3. I contend that the claim is Statute Barred by virtue of the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

          4. I have had no contact with Lloyds Bank Plc, or the Claimant in this case, since at the latest, March 2008. The last payments made to the account were in 2007 and the final payments made from the account were in February 2008.

          5. The (majority?) of the overdraft on the account will be made up of overdraft charges and interest charged thereon as the amount claimed is greatly increased since I last had any contact with Lloyds Bank Plc.

          6. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed, that they have the right to claim, and that it is not time barred under s.5 Limitations Act 1980.

          .................................................. .................................................. .................................................. .................................................. .............................................
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Court Claim - lowell / Lloyds - 5-9-2014

            No the default wasn't registered until Jan 09.
            They continued to add charges etc to the account after formal demand was made.
            I can't find the formal demand but have a letter here dated January 08 saying despite giving formal demand on this account blah blah we have been ignored.
            So what do I do as the default date was registered a year after?
            Or can I not claim statute barred because of this.

            Thank you

            Comment


            • #7
              Re: Court Claim - lowell / Lloyds - 5-9-2014

              No the default wasn't registered until Jan 09.
              They continued to add charges etc to the account after formal demand was made.
              I can't find the formal demand but have a letter here dated January 08 saying despite giving formal demand on this account blah blah we have been ignored.
              So what do I do as the default date was registered a year after?
              Or can I not claim statute barred because of this.

              Thank you

              Comment


              • #8
                Re: Court Claim - lowell / Lloyds - 5-9-2014

                This has cropped up a few times. Basically defaults reflect a cause of action to terminate agreements and there are defined ways that that cause of action occurs. In other words, the documentation should show the point at which the default was established, and that's when the default should have been registered with the credit reference agencies. If they choose to delay registering the default for a long period that shouldn't give them power to change the point at which an account became statute barred.

                This will need to be very carefully argued in the defence.

                Comment


                • #9
                  Re: Court Claim - lowell / Lloyds - 5-9-2014

                  And would the formal demand in Jan 08 be enough to prove this?

                  So today I acknowledge the papers.

                  What would be the next step just return the dispute papers with similar to the above attached?

                  Comment


                  • #10
                    Re: Court Claim - lowell / Lloyds - 5-9-2014

                    Yes acknowledge with intent to defend in full (you should be able to do it online at moneyclaimonline and then you could send a CPR request to Lowell asking for more information ... don't worry well help you with it.

                    Could you type out the full particulars of claim from the claim form so we know what you can ask for)

                    Is it a personal account ? (just as the amount is quite large for an overdraft and you were using cheques)
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Court Claim - lowell / Lloyds - 5-9-2014

                      Particulars
                      The claimants claim is for the sum of 8220.94 being monies due from the defendant to the claimant under a services agreement regulated by the consumer credit act 1974 between the defendant and Lloyds tsb

                      Under account reference xxxx
                      And assigned to the claimant on 21.07.11
                      Notice given to defendent.

                      The defendant failed to maintain contractual payment under terms of agreement and a default not served and not complied with.

                      The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% [daily rate of 1.44 from date of assignment of the agreement to the date of issue being amount 1644.48

                      OVERDRAFT-personal started as 1500 before it went out of control if I remember

                      TIA

                      Comment


                      • #12
                        Re: Court Claim - lowell / Lloyds - 5-9-2014

                        Originally posted by angel198081 View Post
                        OVERDRAFT-personal started as 1500 before it went out of control if I remember

                        TIA

                        Blinkin' heck - you want to listen to Radio 4 at 12.15 today xx

                        I'll sort out your CPR letter
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Court Claim - lowell / Lloyds - 5-9-2014

                          I couldnt listen as I had to shoot to the vets
                          What did i miss please?

                          Comment


                          • #14
                            Re: Court Claim - lowell / Lloyds - 5-9-2014

                            Originally posted by angel198081 View Post
                            I couldnt listen as I had to shoot to the vets
                            What did i miss please?
                            you can listen to it here: http://www.bbc.co.uk/programmes/b04gcdt8 - from about 15 minutes in :tinysmile_twink_t2:

                            all the details are on this thread: http://www.legalbeagles.info/forums/...ase-court-28-1

                            Kati x
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #15
                              Re: Court Claim - lowell / Lloyds - 5-9-2014

                              I have submitted the AOS online

                              Comment

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