County court claim for going over bank account limit?

[LJL]

Hi All,

I am after some advice.....wait for it...

I had a direct debit with the AA and completely forgot to cancel it at the end of the 12 month contract period. The contract rolled over and they proceeded to take the next months payment. I was getting ready to leave the country to live abroad at the time and had no money in this account to cover this DD(£33). The bank (Lloyds) declined the DD but charged a fee for doing so (roughly £25). I argued with them at the time and got no where so took the decision not to pay. Since I have been back in the UK Lowell have sent letter after letter seeking £500 for this debt! I have ignored them and have had no contact with Lloyds since 2009. Lowell have decided to go to county court (letter from court received today). The particulars of the claim states that the defendant entered into a Consumer Credit Act 1974 with Lloyds. The defendant failed to maintain the required payments and a default notice was served and not complied with (not to my knowledge). The agreement was assigned to the Claimant on 24/06/2013 and notice given to the Defendant. Despite repeated requests for payments the sum of £££ remains due and outstanding.
My question is: Is the debt statute barred as I have not aknowledged the debt or had any contact for almost 7 years, or is it from Lowells date above?
If not, how do I respond and succeed in not having to pay £500 for an original £25 debt?

Any information is welcomed.

Many thanks

[LJL]

Re: County court claim for going over bank account limit?

Anyone?

[Amethyst]

Re: County court claim for going over bank account limit?

Hiya xx

So the claim is for the overdraft caused solely by an unpaid direct debit charge taken from your account by Lloyds and the remaining debt is charges and interest on that ?

Lowells won't have any idea how the debt accrued btw....I'd send a SAR to Lloyds or ask them for copies of statements from the time of that failed DD and when they defaulted the account and sold it to Lowell.

Stat barred on overdrafts is a bit of a sticky issue as it depends whent he cause of action would have been, to know that you need the terms of the account - so in your CPR request to Lowell you need to ask for the statements and also add in a bit telling them you believe the debt is statute barred ( then it is down to them to prove it is not)

( first steps for acknowledgement and CPR request here -> http://www.legalbeagles.info/forums/...it-Court-Claim - CCA request won't apply as it is an overdraft .... although Lowell don't mention that fact so you could send a CCA request to them anyway )

[LJL]

Re: County court claim for going over bank account limit?

Thank you so much.

As far as I am aware this is the only thing I can think that it is. Yes the original figure was around £25 and the rest is made up of charges and interest.

Sounds silly not to have just paid it at the time....stubbornness hey?

[nemesis45]

Re: County court claim for going over bank account limit?

The date that the bank made a Formal Demand for Immediate Repayment In Full of the outstanding balance and/or a Final Demand is
a useful way of determining the start of the Limitation Act 1980 relevant 6 year period.

nem

[LJL]

Re: County court claim for going over bank account limit?

Please help!

Do i send the CPR letter to the claimant or the claimants solicitor? The link to the CPR documant says Claimant name, address etc? Not sure as the claimant is Lowell Portfolio (with a full address) and the claimants solicitor is Lowell Solicitors (with a PO Box address)?