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

[angel198081]

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

[Amethyst]

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 ?

[angel198081]

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.

[angel198081]

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

[Amethyst]

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.

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

[angel198081]

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

[angel198081]

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

[Kafka]

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.

[angel198081]

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?

[Amethyst]

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)

[angel198081]

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

[Amethyst]

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

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

[angel198081]

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

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

[Kati]

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

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

[angel198081]

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

I have submitted the AOS online