**DISCONTINUED** Howard Cohen Pending Legal Action Lloyds Bank overdraft

[somewhereovertherainbow]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Morning,

Yes it was a joint account.

Will send SAR to Lloyds - (do I need to send a £1 postal order with it?)

Should I still send a CPR to Howard Cohen at same time?

[somewhereovertherainbow]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Sorry, SAR request is £10 - presumably still by postal order.

I saw elsewhere they have 40 days to supply info which is over the court claim deadline so, as above, should i still send a CPR to Howard Cohen at the same time?

Thanks

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Sorry, SAR request is £10 - presumably still by postal order.

I saw elsewhere they have 40 days to supply info which is over the court claim deadline so, as above, should i still send a CPR to Howard Cohen at the same time?

Yes, send the CPR 31.14 Request to Howard Cohen (no fee needed).

The SAR is purely for information purposes. There'll be plenty more deadlines not just the Defence one.

This claim has the potential to be allocated to the Fast Track where legal proceedings last several months (approx 30 weeks from allocation) so you'll have it in time for when you need it.

Include a £10 postal order with the SAR.

Do you have any old paperwork from this account?

Di

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

The default of December 2010 (actually 30/12/2010) is what is shown on my wife's credit report. There is nothing on my report. I hadn't made any payments for a long time before the default date.

. . . I stopped using the account a year or 2 before 2010..

Do you mean there is no entry on your CRA file, only on your wife's CRA file? When did you last check it?

Do you know when your wife last used the account?

And when was the account opened?

Di

[somewhereovertherainbow]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Hi,

just back from work.

Account was joint
I do have some old paper statements.
Neither my wife or myself used the account for at least 6 months before Lloyds passed it on.

It shows on my wife's noddle CRA report right now and has done for last 2 to 3 years BUT NOT on mine when I last looked about 5 months ago.

- - - Updated - - -

Hi,

just back from work.

Account was joint
I do have some old paper statements.
Neither my wife or myself used the account for at least 6 months before Lloyds passed it on.

It shows on my wife's noddle CRA report right now and has done for last 2 to 3 years BUT NOT on mine when I last looked about 5 months ago.

[nemesis45]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Hi,

just back from work.

Account was joint
I do have some old paper statements.
Neither my wife or myself used the account for at least 6 months before Lloyds passed it on.

It shows on my wife's noddle CRA report right now and has done for last 2 to 3 years BUT NOT on mine when I last looked about 5 months ago.

- - - Updated - - -

Hi,

just back from work.

Account was joint
I do have some old paper statements.
Neither my wife or myself used the account for at least 6 months before Lloyds passed it on.

It shows on my wife's noddle CRA report right now and has done for last 2 to 3 years BUT NOT on mine when I last looked about 5 months ago.

I think you should check a more recent report!

nem

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Account was joint
I do have some old paper statements.
Neither my wife or myself used the account for at least 6 months before Lloyds passed it on

Even though it was a joint account the creditor can issue a summons against only one of you, which is what they have done.

However the Claimant will still have to prove that all the statutory notices were served correctly on both of you (i.e. the DN, NOA and annual statements etc).

Be very careful not to let them know it was a joint account at this stage.

Do not mention your wife or even hint that it was a joint product in any letters you send. Save that for the 'element of surprise' further down the line

Di

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

And when was the account opened?

Do you have the answer to this question?

Di

[nemesis45]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

The date the account was opened should be found on the wife's credit file.

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

It shows on my wife's noddle CRA report right now and has done for last 2 to 3 years BUT NOT on mine when I last looked about 5 months ago.

If the account entry fell off your CRA file at least five months ago (maybe more) that may mean you were defaulted more than six years ago. CRAs remove the whole file on the sixth anniversary of the default being added to their database.

If the account entry is still on your wife's CRA file showing the account defaulted on 30/12/2010 that may mean she was defaulted later than you which is strange.

Let's hope that anomaly is of some use as time goes by.

Di

[somewhereovertherainbow]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

OK. Will not mention joint account at all at this point.

It was a sole account, in my name, opened end of 1987 then added my wife in 1995.

[somewhereovertherainbow]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

I found this CPR template that I will send. I guess its not an out of date one.

If I need to tweak the text, please let me know.

Your name
Your address
Your postcode

DateClaimants name
Claimants address
Claimants postcodeDear Sirs,Claim Number: XXXXXXRequest for documents mentioned in a statement of case under CPR 31.14On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.I look forward to hearing from you.
Yours sincerely
Your Name

Thx

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

OK. Will not mention joint account at all at this point.

It was a sole account, in my name, opened end of 1987 then added my wife in 1995.

Di

[somewhereovertherainbow]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Hi,

SAR and CPR requests sent off and have been received at other end.
Lloyds Bank have responded to the SAR and will send all the info to my local branch.

No reply to CPR request yet. Should I send a chaser/reminder to Howard Cohen reminding them of their obligations (and at the same time giving me ammunition for the court that they are failing to comply?)

Is there a chaser template?

Thanks

- - - Updated - - -

Hi,

SAR and CPR requests sent off and have been received at other end.
Lloyds Bank have responded to the SAR and will send all the info to my local branch.

No reply to CPR request yet. Should I send a chaser/reminder to Howard Cohen reminding them of their obligations (and at the same time giving me ammunition for the court that they are failing to comply?)

Is there a chaser template?

Thanks

[Diana M]

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

No reply to CPR request yet. Should I send a chaser/reminder to Howard Cohen reminding them of their obligations (and at the same time giving me ammunition for the court that they are failing to comply?)

No

Di