*WON* Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

The fact that you have received the DQ is no indication as to what Lowell may do this is part of the court process.
Did you send the letter suggested in post #12? If so when did you send it?

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

The fact that you have received the DQ is no indication as to what Lowell may do this is part of the court process.
Did you send the letter suggested in post #12? If so when did you send it?

nem

I sent the letter to them last week along with my copy of the DQ, a coulpe of day safter I received a copy of their completed DQ. I have asked for proof of the debt etc and had nothing so why proceed even further, i take it no this will go to court?

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Ok now all that has been sent make regular checks with the court re that status of the claim.

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Ok now all that has been sent make regular checks with the court re that status of the claim.

nem

Ok so another letter from Carter saying:

We understand your position is that this account is statue barred. Our client believes the limitation period runs from the date Lloyds became entitled to demand payment. The account fell into default on 7th April 2009, The claim was issued on 10th februry 2015. It is our clients position that the account is not statue barred.

This sounds wrong to me when i look on my credit report it shows Lowells first registered the default on 7th April 2009 not Lloyds plus the account was defaulted sometime in 2006 so lloyds took 3 years to issue a claim? and i thought the date ran from the last time you made payment??? Now im worried I am wrong and should pay it back??? I have no paperwork from the time so cant prove anything!!

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Just too add it has now disapeared from my credit file altogether!! They have been registering a default every month for the past year and now it is suddenly gone no trace!

[Molly2015]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Hi Saro, I have a claim from Lowells too and they have been messing with my credit file for the last two months. 4 or 5 times they have added and deleted the account to change which account number they want it to show as. If you ring the credit reference agency they should be able to confirm the reason for it being removed.

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Ok so another letter from Carter saying:

We understand your position is that this account is statue barred. Our client believes the limitation period runs from the date Lloyds became entitled to demand payment. The account fell into default on 7th April 2009, The claim was issued on 10th februry 2015. It is our clients position that the account is not statue barred.

This sounds wrong to me when i look on my credit report it shows Lowells first registered the default on 7th April 2009 not Lloyds plus the account was defaulted sometime in 2006 so lloyds took 3 years to issue a claim? and i thought the date ran from the last time you made payment??? Now im worried I am wrong and should pay it back??? I have no paperwork from the time so cant prove anything!!

Lowell did not place the default this would have been done by Lloyds, my view is that the clock started ticking as Lowell says when the creditor could first demand payment in full the issue of the final demand for payment.

Nothing to be done now until after the hols, then contact Lloyds and ask when the first and final demands were made.

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Lowell did not place the default this would have been done by Lloyds, my view is that the clock started ticking as Lowell says when the creditor could first demand payment in full the issue of the final demand for payment.

Nothing to be done now until after the hols, then contact Lloyds and ask when the first and final demands were made.

nem

Thank you for the reply.

As far as I have read on other posts and forums the start of the limitation period is when the debtor is asked in writing to repay the money, I was sent lots of letters that i ignored, long before 2009 and I cant quite remember but I believe Lloyd sold the debt to someone else before Lowells. Lowells have now removed all records from my credit report and it was only them on there not Lloyds.

Anyway I am sending of a SAR request to Llloyds so will hopefully get some proof !!

Thank you

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Good Idea but remember a SAR can take up to 40 days, there is no harm in phoning Lloyds on Tuesday and asking when the demand (s) were sent.

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Good Idea but remember a SAR can take up to 40 days, there is no harm in phoning Lloyds on Tuesday and asking when the demand (s) were sent.

nem

Would that not be acknowledging the debt and reset it? I have sent it off anyway and we will see what comes back do you think it will go to court before 40 days has passed?

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Lloyds have no interest in the account now, verbal communication does no affect the 6 year Limitation period.
Hard to say how easy it is for Lloyds to find all the data.

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Sooo a quick update. I sent the SAR off the Lloyds who are in the process of sending me all of the documents tthey have.

Today i received a hearing date for 17th June at my local county court. It says on there that every party must deliver copies of the documnets you intend to rely n at the hearing- what does this include exactly? It says must include the statements of all witnesses? is that me?

sorry if it is obvious just feel a bit overwhelmed by the amount of info!!!

Also it says on the bottom if you can't attend to let them know and they will hear the case in your absence is this a good idea? I am really going to struggle to get the time off to attend the hearing!

Thank you for any advice

[nemesis45]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

This order means that any/all documents that you intend to rely on in court i.e. evidence to support your defence.
e.g. Your witness statement.
In my opinion it is always best to attend, you can then answer any points made by the claimants representative.

nem

[saro87]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

This order means that any/all documents that you intend to rely on in court i.e. evidence to support your defence.
e.g. Your witness statement.
In my opinion it is always best to attend, you can then answer any points made by the claimants representative.

nem

So would that inlcude copies of letters i sent or just proof of postage? also how do i got about writing a witness statement is there a template anywhere?

[stevemLS]

Re: Lloyds overdraft/bryan carter/lowells- received directions questionairre help!

Agree with em, always best to attend.

They need copies of letters to the extent that they are relevant, proof of postage of an unspecified letter won't assist much.

There are examples of witness statements in other threads, either have a search or perhaps one of the site team would be kind enough to point you in the right direction.