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

[603090555]

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.

[Kati]

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

Here's a link to your first steps - http://legalbeagles.info/forums/show...it-Court-Claim

1st thing you'll need to do is acknowledge the claim (via MCOL) and tick defend in full ... don't enter anything in the defence box yet, just make a note of your passwords for later xx

[Amethyst]

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

Hi

So you were unauthorised overdraft of £50 and that escalated to £2k (so £1950 of charges) or you were arranged overdraft of a sum AND £50 unarranged which escalated to £2k ? ( using rough numbers just to find out the situation there )

When you were in the DMP with Harrington Brooks was that directly with Lloyds ? Do you recall if the account was actually closed off and defaulted before that last payment ( eg in collections etc) ? Does anything show on your credit file at all for Lloyds ? ( It may have just fallen off in March 2016 if they defaulted you in March / April 2011 - the worry is that you may not have been defaulted until May / June 2011 which would put it just inside time - but if it had already defaulted before/during the DMP then the last payment would be taken as the date for cause of action )

[603090555]

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

Checked 3 sites for my credit report no record of it anywhere which I guess is a good but slightly frustrating sign.

Really rough as I don't recall exact figures but the debt hit around 2.2k total and I was paying £11 via debt management monthly. It hit default before I setup DMP and their demands then led me to set it up. The last payment was March to them. Not sure when the default date would have been as by this stage they'd closed the account (from my view online that is) and I was reacting to just letters.

Just to edit - the £11 was directly with Lloyds.

Found my form password now

[603090555]

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

Where would I be able to find my "Unique reference" when completing the AOS?

[Kati]

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

Where would I be able to find my "Unique reference" when completing the AOS?

down the right hand side somewhere I believe xx

- - - Updated - - -
[MENTION=6]Amethyst[/MENTION] would know for sure

[Amethyst]

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

Perfect

That it has gone from your credit file is a good sign that it was defaulted before you stopped payments via HB in March 2011 so it is likely you will be able to plead that the debt is time barred ( Section 5 Limitations act 1980)

Once you have acknowledged the claim ( intend to defend in full ) then you would be wise to send a Subject Access Request ( http://legalbeagles.info/forums/show...r-informationt ) to Lloyds to get your data/transactions etc as there could be an additional defence on the charges if the statute barred defence falls for any reason. Additionally you'll need to send Lowell's sols a CPR request (http://legalbeagles.info/forums/show...ic-information ) .... asking for the agreement, default notice, notice of assignment, and requests for payment .... as they are all mentioned in the POC.

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

[603090555]

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

Ahh is this just the Claiments reference number they've supplied?

[Amethyst]

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

[MENTION=6]Amethyst[/MENTION] would know for sure

ha would I ? Rubbish system, drives me mad. http://legalbeagles.info/forums/show...313#post499313 is my bit of a guide on acknowledging a claim but they keep changing it. Unique reference might mean customer number? or claim number? If you can do a screenshot it might make it simpler to figure out in what context they are asking for it.

It's frustrating as you can't get into the system without having a live claim against you so guiding people can be difficult. Luckily ( well, not really ) I had a claim against me a few months ago so remember a fair bit of it, unique reference though isn't in my memory bank at all lol.

[603090555]

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

Being a novice to all this (I thought dealing with a bailiff was difficult but compared to this send me one tomorrow!) do I content jurisdiction? My thought is no but trying to be careful to get this 100% right.

- - - Updated - - -

Yeah it appears to be the reference on the doc so I've just went with that it appeared to be optional too so should be OK.

[Amethyst]

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.

[Kati]

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

ha would I ?

lol ... I'm a novice tho xx

[603090555]

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

You guys are legends. Right submitted my AOS. Will be requesting a SAR from Lloyds tomorrow and will send a CPR. Glad I don't need a CCA didn't think that applied to an overdraft.

Once I get a response what is my next step? Back to this forum?

And obviously I'll be sending all of this recorded delivery

[Kati]

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

You guys are legends. Right submitted my AOS. Will be requesting a SAR from Lloyds tomorrow and will send a CPR. Glad I don't need a CCA didn't think that applied to an overdraft.

Once I get a response what is my next step? Back to this forum?

And obviously I'll be sending all of this recorded delivery

keep an eye on the timescales (your defence is due 33 days after the issue date on the claim form) xx

[Amethyst]

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

Marvellous

Yip no CCA applies to an overdraft. ALthoughhhhhhhhhhhhh, they haven't stated that the debt claim is for an overdraft .... so you could send one. Probably result in a 'doesn't apply to overdrafts' response but gives you a little extra ''particulars of claim are crap' argument later on.

And yes, hear anything from anyone come back here Also just come back with any questions or feel like ranting.... lol

( oh yes, and keep an eye on your dates - DEFEND REGARDLESS WHETHER YOU GET A RESPONSE or if you get a response saying ''your case is on hold'' - you MUST stick to the timescales set by the court - Thanks Kati !!!)