*** WON *** Statute Barred Debt Lloyds Overdraft by Lowell)

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Yeah read a few other similar posts where that was mentioned. It's in the claimants interest to delay and hopefully stop me from filing a defence. But the court rules.

I will let you know once I'm at the next step.

[Diana M]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

No, you don't contest jurisdiction That's for if you're in Scotland and the claim has been brought in England courts etc.

Or Northern Ireland

Di

[Diana M]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

I placed it onto a DMP with Harrington Brooks but stopped payments (was unable to afford) in March 2011 (confirmed today over the phone with Harrington brooks as the last payment they made to Lloyds). No contact was made with Lloyds and I have not contacted Lowell.

What is the best way to defend this as it is statute barred now?

I suggest you do a little homework before you're confident (lets hope ) that this debt is Statute Barred.

From what you say you were in a DMP. This means they were acting as your agent legally speaking which could impact on your SB issue which seems to be touch-and-go date-wise. They told you (over the phone) the date of their last payment to Lloyds on your behalf. When Lloyds received that payment may be relevant.

Send a Subject Access request to Harrington brooks asap. The money you paid to them may/may not have been paid over promptly to Lloyds. The date your DMP provider paid Lloyds may be relevant (since they were your agent).

Di

[Diana M]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

was for a Lloyds overdraft that I went into an unnaranged overdraft by £50 for just before I lost my job at the time. Due to older bank fees it escalated over 2 years to around 2k.

When did you receive the Final Demand (demanding the whole balance of the account outstanding and cancelling the OD facility) for this overdraft and what was the remedy date stated?

That may be relevant to any Statute Barred issues.

Di

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Just a quick check as working through the docs I am sending now. Would I need to sign the CPR, SAR and CCA requests or is this risky?

[Kati]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Of course you can sign them

If you're at all worried however, you could use a signature strip like the attached xx

[MIKE770]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

legal request documents etc sign

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

And finally - to try and avoid any address or ID issues (no longer at the address) does it hurt to include a photocopy of my passport or is that totally unnecessary?

This is in particular for the SAR.

[Kati]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

And finally - to try and avoid any address or ID issues (no longer at the address) does it hurt to include a photocopy of my passport or is that totally unnecessary?

This is in particular for the SAR.

if you feel the need to do this with your SAR feel free (they would always contact you to say they needed more proof anyway) ... no need to go that far with anything else tho' xx

[MIKE770]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

And finally - to try and avoid any address or ID issues (no longer at the address) does it hurt to include a photocopy of my passport or is that totally unnecessary?

This is in particular for the SAR.

if they wanted more proof they would ask you - do not over think

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Perfect saves me a job. That's my CCA, CPR and SAR to Lloyds and Harrington Brooks sorted cheers all.

[MIKE770]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Recorded Delivery

[pt2537]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Issue Date: 9th May 2017
Claimant: Lowell Portfolio Limited
Particulars of Claim:

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds under Account reference xxxx (the agreement).

2) The defendant failed to maintain required payments and a default notice was served and not complied with.

3) The agreement was later assigned to the Claimant on 24/06/2014 and notice given to the defendant.

4) Despite repeated requests for payment the sum of £2023.87 remains due and outstanding.

And the claimant claims
A) The said sun of £2023.87
B) Interest pursuant to s69 CCA 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.444, but limited to one year, being £161.91
C) Costs

Amount Claimed: £2185.78
Court Fee: £105
Legal representatives costs: £80
Total: £2370.78

This was for a Lloyds overdraft that I went into an unnaranged overdraft by £50 for just before I lost my job at the time. Due to older bank fees it escalated over 2 years to around 2k. I placed it onto a DMP with Harrington Brooks but stopped payments (was unable to afford) in March 2011 (confirmed today over the phone with Harrington brooks as the last payment they made to Lloyds). No contact was made with Lloyds and I have not contacted Lowell. No payments or acknowledgement since.

What is the best way to defend this as it is statute barred now?

Note - Posted this in 2 places sorry think I got the wrong forum first time round.

If this was a debt which accrued out of bank charges, then id say you may want to look at challenging those charges. A Data Subject Access request to Lloyds Bank should get you details on all the charges applied.

You may find it a benefit to read a case that challenged lloyds banks charges, that case was Oliver Foster Burnell v Lloyds TSB bank.

I would also argue the bank charges in your circumstances gave rise to an unfair relationship per s140A CCA 1974, these arguements succeeded in a case called Hoist Portfolio v Evans and the Court not only dismissed hoists claim but ordered them to repay all of the charges added to the account . The Court has the power to do this under s140B CCA 1974.

Id just say try not to only focus on defending the claim on narrow points, look at the bigger picture

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Hey guys apologies for the delay in response only got the info back yesterday. Harrington Brooks acknowledged my request and agreed to supply me with info for my SAR but within 40 days.

Below is what I got back from Lowell Solicitors:

"We confirm receipt of your request for a copy of the Credit Agreement under sections 77-79 of the CCA 1974 with relevant fee and your further letter 13/05/17.

As you are aware a Claim form was issued against you 9 May 2017 and we note your intentions to defend the Claim and confirm we have received your Acknowledge of Service which provides a further 14 days for you to respond to the claim form appropriately.

The account will be placed on hold until we have received the requested documents from the original creditor Lloyds TSB in relation to your current account opened 29 September 2004. The documents will then be forwarded on to you upon receipt.

We enclose a NOA dated 8 July 2014 for your perusal. The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information you are not entitled to see. No other agreement/Deed of Novation exists between you and our client.

Your account was allocated to Lowell Solicitors 4 April 2017 and we enclose further copies of our letters 7 and 13 April 2017 as requested."


So my next question is going to be - How to I put my defence based on the above (I doubt I'll receive my SAR information in time for defence cut off - what are my best next steps (and do you need to see the letters they sent?)

[603090555]

Re: Statute Barred Debt - County Court Form Received (Lloyds Overdraft by Lowell)

Given that I don't have the info I need yet to be sure do I claim Statute Barred as my defence and await the courts response stating I have requested a SAR from Lowell and Harrington Brooks?