** DISCONTINUED ** Lowells Bank Overdraft Paperwork -

[purplestar]

Lowell currently have a case against me to be heard on Friday 23rd Dec - I requested details of the alleged bank overdraft that they say is mine back in June - then again a follow up letter in August.
I now have some details about the account but Lowell have sent them in the witness statements, so I had not seen them before I sent my witness statement to Lowell and the court.
Is this fair and allowed as I had not had any chance to respond or ask further details in regards to the paperwork?

The bank account is not titled in my name but a business name, should there not be any details in regards to me and this business?

There are no terms and conditions for the bank account with an overdraft facility - I looked HSBC business banking up, there should've been terms and conditions for this type of account - possibly?

The account is from Oct 2007 - 26 Jan 2011 (possibly).
They have copied bank statements, claimants case management report from HSBC and what appears to be a copied from the computer type letter regarding default, a rather blank looking "your account has been sold " supposedly from HSBC to me and a introduction letter from Lowells both dated same day.

Rather lost in where do I go from here ?

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Anybody have any advice?

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Hi purplestar & welcome to LB.

With less than a week to go until the hearing, this is a bit lastminute.com.

The bank account is not titled in my name but a business name, should there not be any details in regards to me and this business?

Ltd company or sole trader? (maybe t/a name)? Other?
Were your requests for info via CPR?
I'm guessing this is Small Claims; could you confirm?

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Hi, yes sorry i know its late problem is I am also suffering from an ongoing illness so can only get my head around all of this when i am able.
Soletrader
CPR18 request
Its a small claim

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Im confused by the default date on account Lowell have given. The last time the account had anything paid into it was 24th Jan 2010 - then until 24 Jan 2011 various DDs were reversed and charges made being overdrawn and interest. The account ran for a whole year like this before the bank closed the account and sold the debt.

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Hi, yes sorry i know its late problem is I am also suffering from an ongoing illness so can only get my head around all of this when i am able.
Soletrader
You are liable.
Although it's common to also state a t/a name on the claim form, it's not absolutely necessary to do so.
CPR18 request
CPR 31.14 is used for document disclosure.
CPR 18 is more properly used as an interrogatory.
Its a small claim
Usual SCT procedure is for exchanging info 14 days before hearing.

####

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

So what do i do now? Lowell say i had a letter from the bank and from them in 2013 , I did not - would this have been sent via recorded delivery?

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Im confused by the default date on account Lowell have given. The last time the account had anything paid into it was 24th Jan 2010 - then until 24 Jan 2011 various DDs were reversed and charges made being overdrawn and interest. The account ran for a whole year like this before the bank closed the account and sold the debt.

You would need to carefully scrutinise the terms & conditions which applied at the time of default.
To rely on a Limitation Act defence you would need to show that the cause of action occurred at least 6 years before the court claim, & that there have been no payments (or written acknowledgement of the debt) made by you in the interim.
The cause of action will be the date which the original creditor accepted the breach (ie stopped the o/d facility, basically).
It's not unusual, however, for a bank account to tickle on for ages even if there is no payment in or out.

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

So what do i do now? Lowell say i had a letter from the bank and from them in 2013 ,
Notices of Assignment
I did not
Can you absolutely definitely prove this?
- would this have been sent via recorded delivery?
Nope - 1st class would be ok.

####

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Lowells claim the default date is 29 December 2010

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

I cannot ultimately prove i did not have the letters they allege to have sent me - but can they prove they sent them to me ?

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Lowells claim the default date is 29 December 2010

So the claim, according to them, has been issued within the 6 year period.
Once issued, it pauses the statute-barred 'clock'.

I cannot ultimately prove i did not have the letters they allege to have sent me - but can they prove they sent them to me ?
Probably.
If they produce evidence to show that the notices were sent, you would then have to provide evidence to show to the contrary.
Just saying that you haven't received either of the notices wouldn't, imho, be sufficient. Anyway, it will be a judge who will decide.

####

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

In a "nutshell" the business i think this account may be for was started by my ex husband in my name ( for various reasons that he had) when i started proceedings to divorce him I became seriously ill the business was falsely continued to be ran in my name ( by a person unknown to me ) as i was too ill to take control of it properly ( police were involved and statements given by Accountant) police done nothing to help - although i was able to close down a number of avenues to stop the perpetrator a few remained running due to agreements etc. I tried to get legal help, but it wasnt available for business owners, i had nothing left it was all tied up in the business - all I could do was walk away due to health matters and a disabled child that needed me more. I also tried to make the business insolvent but was refused as they said I had no control over it anymore.

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Did you give legal permission/authorisation for the account? (Not necessarily for the way it was ultimately used, but more for the ability for it to be used by your ex?).
Was it jointly & severally liability?
Did the police investigate? If so, what was their reason for not pursuing? No fraud, so civil matter?

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Yes I gave permission in the beginning.
No joint liability
The police started to investigate but said it was a civil matter - my accountant argued it wasn't, it was theft but they were unwilling to do anything unless I done something that would involve them being called out - ie take control back of the business by force, the perpetrator had gone as far as changing all the locks even though it was a council property on lease - the council done nothing to help either if the police would not, but did supply me with a copy of the lease in my name to give to the police. All the paperwork, including this bank account, everyone i traded with was in the office of the business - i have never caught sight of any of it again.
I was fighting a child custody case at the time so could not risk getting involved in arguments, fights etc to gain control of my business, it was actually suggested by the police that I start a fight so they would be called.