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

[saro87]

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.

I dont k now what evidence I have !! Lloyds have replied to my SAR request saying they have 40 days to send me stuff which takes it to the 4th of June, my case is on the 17th so i wont be abe to use anything from Llloyds in court because i wont have sent it to all parties beforehand! I guess I am going to end up paying for a debt simply because I have not got anything on paper to show Carters are wrong!

[nemesis45]

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

Contact the claimant and ask for a 28 day extension to allow documents to
be provided by the original creditor.

nem

[saro87]

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

Contact the claimant and ask for a 28 day extension to allow documents to
be provided by the original creditor.

nem

Would that mean the court day would be adjourned 28 days? I don't understand how Carters would give me an extension if the court has already given a date.

[saro87]

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

Would that mean the court day would be adjourned 28 days? I don't understand how Carters would give me an extension if the court has already given a date.

I am still really unclear about what my next course of action should be if anyone could help I would be very grateful.

I have realised today that I cannot attend court as i will be administering exams to students during that week so I will not be allowed time out to go so I am guessing this puts me in a bad position- I cannot attend, I have no paper work that shows my bank account from the time of the claim and Lloyds will not produce this in time fo rme to use it in court anyway- should i just pay them rather than go to court or do i have any chance at all?

[Amethyst]

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

HEaring date for the 17th June and all documents and witness statements 14 days before. So next job is to be preparing your Witness Statements and exhibits. If the Lloyds stuff comes back then all well and good and you can include that otherwise in your WS you can make positive assertions that the debt is SB and that the onus of proof is on the Claimant to show that it isn't.

Overdrafts can be a bit trickier but you last used the account in 2006 I believe. Have you looked into what the debt is a bit further (sorry I haven't read all the thread) - is it overdraft fees etc ?

If you will be unable to attend you need to inform the court at least seven days before the hearing and send in, and serve on other party, your skeleton arguments and any exhibits for the hearing - but you should be able to cover most stuff in your witness statement. The court can then hear it in your absence.

[saro87]

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

HEaring date for the 17th June and all documents and witness statements 14 days before. So next job is to be preparing your Witness Statements and exhibits. If the Lloyds stuff comes back then all well and good and you can include that otherwise in your WS you can make positive assertions that the debt is SB and that the onus of proof is on the Claimant to show that it isn't.

Overdrafts can be a bit trickier but you last used the account in 2006 I believe. Have you looked into what the debt is a bit further (sorry I haven't read all the thread) - is it overdraft fees etc ?

If you will be unable to attend you need to inform the court at least seven days before the hearing and send in, and serve on other party, your skeleton arguments and any exhibits for the hearing - but you should be able to cover most stuff in your witness statement. The court can then hear it in your absence.

Thank you very much for the advice , just a couple fo questions, what exhibits should I have? I asked Carter and Lowell to provide original documentation which they have not so i have copies of the ltters I sent but thats it unless to Lloyds stuff comes backs on time.

The account is made up nearly all of charges, i was living abroad when my account first went overdrawn with was also unauthorised I enevr made payment so they just kept adding more and more charges, however my understanding is that with an overdraft the date will run from when Lloyds first recalled the debt? I dont know this until i get some of the documents back from them Lowells are saying it was 2009 and they have registered this on my credit file but this seems wrong why would lloyds wait 3 years on an unauthorised overdraft to recall it? surely the first letter they sent informng me i was using an unauthorised overdraft was the first demand for the debt?

[stevemLS]

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

The cause of action, as I understand it, on an overdraft arises when they formally demand repayment of the overdraft.

Informal letters telling you you are in an unauthorised overdraft won't count.

If you ring the court and explain that your work commitments mean you cannot attend, they MAY be prepared to relist to another date.

[nemesis45]

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

The point at which the bank can demand payment of the overdraft in full, so the first letter headed " demand for payment in full" or similar wording, for " safety" on calculating dates re statute barred the " Final Demand for Payment " is a good point to use.

nem

[saro87]

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

The point at which the bank can demand payment of the overdraft in full, so the first letter headed " demand for payment in full" or similar wording, for " safety" on calculating dates re statute barred the " Final Demand for Payment " is a good point to use.

nem

Thanks this is really useful hopefully i will get the documents from Lloyds in time, if I don't should I maintain that it is statue barred even though I can't evidence anything? and should I mention the fact that the debt is made up of bank charges or is that irrelevant at this point?

[nemesis45]

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

Was the default sum entirely made up of charges without which the account would not have been defaulted?
Can you clarify the if All the amount subject to the claim is charges.

nem

[saro87]

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

Was the default sum entirely made up of charges without which the account would not have been defaulted?
Can you clarify the if All the amount subject to the claim is charges.

nem

I am not sure it was so long ago but i vaguely remember going overdrawn by a silly amount such as £2 and being charged £25 which I couldnt pay at the time. I am not going to be sure of anything until I get the paper work it was in 2006 nearly 10 years ago that the account was defaulted so hard to remember.

[nemesis45]

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

Ok,
Concentrate on the claim, complete and return any docs from the court asap.
If you use the statute barred defence, the claimant must prove that it is not so.

nem

[saro87]

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

Ok,
Concentrate on the claim, complete and return any docs from the court asap.
If you use the statute barred defence, the claimant must prove that it is not so.

nem

Would anyone be willing to loook at my witenss statement before I send it off?

[nemesis45]

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

Would anyone be willing to loook at my witenss statement before I send it off?

Certainly, no problem.

nem

[saro87]

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

Thanks I have pmed you