Urgent Advice Required - LLoyds TSB issues court papers

[BeyondHope]

My Husband had a Lloyds TSB account with agreed overdraft of I believe £50 went slightly over maybe £10/20 approx 7.5years ago not used the account since, have received several letters from them in the past chasing £800+ i'm assuming the difference is charges. I have on several occasions asked for statements to be able to given to show how the balance is so much more and they have never banked the payment or responded to the letters. Received court papers on Fri (date of service works out as Sat) claiming £900+ with court costs on top. Really don't know what to do, have no experience of court from this side Any advice greatly appreciated!

[Hurricane Puffrose]

Re: Urgent Advice Required - LLoyds TSB issues court papers

How long is it since you either made a payment on the account, or acknowledge that the debt it yours?

Is it actually Lloyds TSB that is threatening to take you to court?

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

Hi Puffrose, I know we have made some payments on the account but cant be sure how long ago it was, I would say 4 years at the very least. On the papers it is a solicitor to contact acting on behalf of Lloyds TSB, Nelson Guest & Partners. It was also issues to our previous address so if I hadn't still been redirecting mail I wouldn't have even received it!

[Hurricane Puffrose]

Re: Urgent Advice Required - LLoyds TSB issues court papers

Have you acknowleged the debt? or had any proof that you owe it?
I will highlight this for you, I know just the person to ask!

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

The only time we would have acknowledged it is when we made payment at least 4 years ago defo haven't since! I think we maybe had three debt collection letters regarding it in that time (to which I responded by writing to Lloyds asking for SAR but payment was never cashed and no info received) and now these court papers. I've received nothing from them to prove it is owed despite asking for statements etc in writing. Thank you

[Nikolai]

Re: Urgent Advice Required - LLoyds TSB issues court papers

In the Particulars of Claim they have to set out how the claim is made up. Do they say in there the date you last paid? If you don't know, try to work it out - look back at your papers, statements etc. This date is important and you have to be precise. If it's over 6 years ago, the claim is statute-barred and you have a complete defence. This date is your priority - more than 6 years and you can make the whole case collapse. Even if you have paid or acknowledged within the last 6 years it's not a disaster because you can defend on other grounds - but check that date before we go any further!

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

In the Particulars of Claim they have to set out how the claim is made up. Do they say in there the date you last paid? If you don't know, try to work it out - look back at your papers, statements etc. This date is important and you have to be precise. If it's over 6 years ago, the claim is statute-barred and you have a complete defence. This date is your priority - more than 6 years and you can make the whole case collapse. Even if you have paid or acknowledged within the last 6 years it's not a disaster because you can defend on other grounds - but check that date before we go any further!

Hi Nikolai, the POC doesnt mention any payments at all, I have received no statements whatsoever for at least 4 years (despite asking for a full breakdown of how debt was made up several times previous to 4 years ago) so have none to check back through. Any suggestions on how I find out this date? Through past experience local branch is very unhelpful when it has been passed to debt collection department or further. The form needs to be returned by 24th (14 days after date of service which was Saturday 10th).

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

Would it be worth writing to the solicitors asking for the information I want or would that be leaving myself wide open?

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

Any ideas on gaining the information I need guys? Just conscious that I'm time limited with responding to court papers and entering a defence if indeed I have one. Not sure if I should be responding saying I have a defence or not until I find out that date, just don't know how I'm going to find it out Thanks in advance

[SpringerSpaniel]

Re: Urgent Advice Required - LLoyds TSB issues court papers

If you enter an acknowledgement of service, you will get a further 14 days to prepare your defence.

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

If you enter an acknowledgement of service, you will get a further 14 days to prepare your defence.

But what shall I put on it? Intend to defend part of claim? all of claim? I don't know what I intend to do because I don't know the date that the debt was last acknowledged. I feel inclined to contact the correspondence address requesting how the alleged debt is made up and information on payments as without that info I can't even attempt to defend what I dont want though is to give them any cause to not get the info to me in the time frame I need it, if that makes sense.

[SpringerSpaniel]

Re: Urgent Advice Required - LLoyds TSB issues court papers

If there is no proof provided of your liability, you can put the Claimant to strict proof that you are liable to it for the sum claimed or any sum whatsoever as your defence. You can then see what emerges and if necesssary seek leave to amend your defence.

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

If there is no proof provided of your liability, you can put the Claimant to strict proof that you are liable to it for the sum claimed or any sum whatsoever as your defence. You can then see what emerges and if necesssary seek leave to amend your defence.

Thank you, I will write to them at the same time as sending in acknowledgement then, I'm pretty sure it's just inside the six years hence them putting in the court papers but that remains to be seen. I'm assuming my defence will be made up of having received no contact from them including statements despite asking for information as to how the debt was made up?

[SpringerSpaniel]

Re: Urgent Advice Required - LLoyds TSB issues court papers

They have to prove that you owe them money. They have the burden of proof with this. When (if) they produce a loan agreement or other contract, you wil be able to see the date on it. If it is beyond 6 years ago (5 in Scotland), you can then seek to amend the Defence to include the debt being statute barred.

If you defend tee case in full initilally, you are keeping the maximum options open. You can always negotiate later.

[BeyondHope]

Re: Urgent Advice Required - LLoyds TSB issues court papers

They have to prove that you owe them money. They have the burden of proof with this. When (if) they produce a loan agreement or other contract, you wil be able to see the date on it. If it is beyond 6 years ago (5 in Scotland), you can then seek to amend the Defence to include the debt being stute barred.

If you defend thee case in full initilally, you are keeping the maximum options open. You can always negotiate later.

Thank you, I will acknowledge to gain the extra time and also write to them asking for the evidence that a) the debt is in fact hubbys and b) how it is made up (approx £700 of the £800 they are claiming without costs is made up of charges). The opening of the bank account is approx 10-12 years ago.