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

[angel198081]

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

Need to submit my defense. If anyone is able to help me

[Amethyst]

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

are the basic notes I made on my last post all correct ?

[angel198081]

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

Yes
Plus formal demand was made prior to jan 2008
As letter shown say we havent received a response to the formal demand in jan 08

[Amethyst]

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

cool xx

[Amethyst]

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

Okay this is just a starting point to make sure we mention the charges and unfairness without going too much into detail legally wise until we have all the right information. It's not ideal and I'll try get some others to look over it tonight and tmw morning and get it sent in tomorrow.


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1: The Defendant received the claim [Claim Number] from the Northampton County Court on [Date you received the claim]

3: This claim is for a debt resulting from a Current Account agreement with Lloyds Bank Plc.

3: It is denied the Defendant is indebted to the Claimants as claimed or at all.

4. The Defendant contends 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.”

5: The Defendant also contends that terms of the agreement between herself and Lloyds Bank Plc were unfair pursuant to the Unfair Terms in Consumer Contracts Regulations 1999.

6: It is admitted that the Defendant held a Current Account with Lloyds Bank from around XXXXXXX

5. The Current Account had an overdraft limit of £1500

6. The Defendant suffered from a period of financial difficulty in the Summer of 2007 .................???????????? .... and subsequently incurred charges which sent her over her Overdraft Limit. In October 2007 alone Lloyds Bank applied over £230 in bank charges to the Defendants account.

7. The Defendant was prohibited from terminating the Agreement whilst she was overdrawn. Given the effect of the Relevant Charges in forcing the Defendant into a larger and larger overdraft (with or without prior authorisation), it was inevitable that she could not terminate the agreement, and was bound to any changes in charging structures the bank chose to impose on the account.

8. The last payments made into the account were in October 2007 when the Defendant stopped putting income into the account as it was being swallowed up by the charges and fees being added to the account and she was left in a position of extreme financial difficulty.

9. The situation continued until January 2008 when Lloyds Bank sent a formal demand for payment of the overdraft to the Defendant.

10. This was followed on January 25th 2008 when Lloyds Bank wrote to the Defendant informing them that they had blocked all facilities on the account to prevent the balance from increasing. [exhibit A]

11. The balance on the account at that point was approximately £3200 and the Defendant was in dispute with Lloyds Bank Plc over the charges and fees being applied to the account as she considered the charges to be unfair. The Defendant reasonably thought the account was closed from that point and their would be no more charges added to the account nor further transactions processed.

12. Despite the 'block' on the account and the disputed charges the Bank continued to allow Direct Debits to be called for from the account each month which simply served to incur more charges which continued despite the Bank having blocked the Defendants access to the account.

13 The Defendant has had no contact with Lloyds Bank Plc, or the Claimant in this case, since at the latest, April 2008.

14. The Claimant is claiming £8500 yet the Claimants have not provided the Defendant with any information showing how that sum has been calculated.

15. 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.

16. The Claimants statement of case states that the account was assigned from Lloyds Bank Plc to Lowell on 21.07.11. The Defendant does not recall receiving notice of this assignment.

17: On the [Date] the Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. The Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

18. [Claimant's Solicitor] has not sent any of these documents. The Defendant requires a copy of the agreement and terms and conditions applicable to the account to assess her position with regards the charges and fees disputed and with regards how the account sum has increased since January 2008.

19. In order to try and find out more information regarding the operation of the account the Defendant has sent a Subject Access Request under the Data Protection Act to Lloyds Bank Plc to obtain copies of agreements and transaction lists applicable to the account. The request was sent on DATE and the Data Controller of Lloyds Bank Plc has 40 days to respond to the Defendant with all relevant information. Once this information is received the Claimant may further add to or amend her defence.

20. 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 as claimed.

21. The Claimant request the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case, that being the Agreement, the Terms of the Account at inception and as varied, the Assignment Notice, the Default Notice and a full statement of the account, else the Claim should stand struck out.

22. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[angel198081]

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

Thank you so much.

[Amethyst]

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

Can you just go through and amend any bits that need amending and correct figures/dates etc (I tried to leave the main bits to look at BOLD for ease) and obviously the bits where I've left .............??????????................. need sorting out.

We'll have to strengthen it a lot more once you get the SAR back from Lloyds.

[Amethyst]

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

Also check the paragraph numbering xxxx

[angel198081]

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

Amended bits and sent via inbox
Need to add case number.

Also check the paragraph numbering xxxx

[Amethyst]

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

Looks good Have replied on PM xx

[angel198081]

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

Received letter from Northampton Court saying defence passed on to BW Legal and they have 28 days to respond etc.
Had letter from lloyds for proof of address as its changed since the account was used. Have dont this so should be able to get the SAR sorted now.

[Amethyst]

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

Have you heard anything back from the Court or Claimant yet? Or back from Lloyds on the SAR ?

[angel198081]

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

Have you heard anything back from the Court or Claimant yet? Or back from Lloyds on the SAR ?

Lloyds said I'll have SAR by 25th Nov
Nothing from court
Nothing from bw legal

[Amethyst]

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

Urghhh okay, they take their time don't they. Just keep us updated if / when you hear anything.

[angel198081]

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

Received a letter this morning from bw legal just saying lowell intend to continue.
And a copy of the letter saying to court they intend to continue.