paulh1818
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Everything posted by paulh1818
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Date on claim form is 12th Sept 2016. I'll ask Lloyds if I can get a print out of the info for confirmation. I'm fairly certain that the last time I used the account was feb '10 as I was moving house around that time. I'll see what LLoyds come up with. Thanks DX.
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Date on claim form 12th Sept 2016 What is the claim for – 1.This claim is for the sum of £306 in respect of monies owing pursuant to an overdraft facility under bank account no. xxxxxx xxxxxxxx. The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims. 1. The sum of £306 2. Interest pursuant to s69 of the County Court Act 1984 at the rate of 8.00 percent from the 16/03/12 to the date hereof 1636 is the sum of £110 3. Future interest accruing at the daily rate of £0.07 4. Costs What is the value of the claim? £500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account/Overdraft When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulties What was the date of your last payment? Feb 2010 Was there a dispute with the original creditor that remains unresolved? No DX, You are right -I should have phoned Lloyds when advised. However, I have just got off the phone now. They couldn't give me any details as I couldn't remember the security password on the account or the mobile phone number I had at the time. I was told that if I visit my local branch with the account number and photo ID, they'd be able to help me. I'll do this first thing tomorrow.
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Hi all. I have received a claim form today. Would it be to late to sar Lloyds for the info? Thanks.
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Thanks for the replies. It was a Lloyds overdraft. Robinson Way purchased the account last year. They passed the debt to Howard Cohen Solicitors and have been threatening court action I thought I'd try to nip it in the bud now. I don't have any proof of the last payment made but it definitely is over 6 years.
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Hi. Robinson Way own an old account of mine that I have not made payments to since Feb 2010. I thought that it would now be Statute Barred I sent them the 'stat barred' template letter last week. I have a response from them today. 'After reviewing your account we write to confirm that this debt is not statute barred. The default date on you account was 19th March 2012 and therefore this is within the 6 year period.' Are they correct? I always thought that the 6 year period began from the first missed payment. Thanks. Paul.
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Yes I'm very happy with the outcome and quite relieved I won't have to actually go to court. Also, Carter has got almost nothing for his efforts. Thanks again. Paul.
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Hi. Just to update. An arrangment was made at mediation. They offered quite a large discount as a full & final. Although I still couldn't afford that amount. I offered a small monthly payment and they accepted and said they'd still be open to a f&f in the future when I could afford it. I got the impression they didn't fancy court themselves! A completely pointless exercise on their part. oh well, its sorted now. Thanks to everyone who has offered advice, especially Andy. Many thanks.
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Ok. thank you.
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Just had a call from the mediation service. An appointment has been made 3 weeks from now.
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There is no one on my street with this name and there is nothing out of place on my credit file.
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Hi. I have suddenly started to get someone elses mail at my address. On the mail the address is my address but the person named, I have never heard of. My wife has refused two parcels and today I have a letter for this person. My neighbour has confirmed that it is not a previous tenant as he has lived next door for almost 30 years. I have only lived here 6 years. I feel very suspicious about this. Any comments or advice appreciated. thanks. Paul
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DQ's have both been submitted this week. Thanks Andy.
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Ok. I don't have Notice of Allocation yet. Is there anything else I need to be doing now?
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Hi again. I have two letters from carter today. The first is his DQ. The cover letter reads... 'We enclose a copy of the Claiments Directions Questionnaire. The Claiment is prepared to settle this matter outside of court and we look forward to hearing from you regarding negotiations.' I have already tried to negotiate and they replied 'we are not able to take further instruction from our client.' Although they have agreed to mediation on the DQ. The second letter reads... 'We right further to the above matter. Please find enclosed a copy of the Statements of Account and the Notice of Assignment. We confirm a claim was issued in this matter on or around 21 April 2015 and we are in receipt of your defence. We confirm an arrangement is in place on the account in the sum of £1.00 to be paid in monthly instalments towards the outstanding debt. We confirm a Tomlin Order was sent to you under seperate cover. In order to indicate to the court how the parties wish to proceed, you will need to sign and return the Tomlin Order. Once signed we will send the Tomlin Order to the Court to be sealed. Once the Court has returned the sealed Tomlin Order we will revert to you. We look forward to receiving your signed Tomlin Order before 21 July 2015.' I don't know what to make of this. This letter confirms the arrangment is in place. Also I thought that I just had to sit tight and wait for the mediation to take place.
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Oh, so it could be like that??? I thought he would be obliged to participate..
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lol! thanks again Andy. As you suggest, I'll sit tight and let it proceed. I'm hoping the mediation will be helpful.
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That is exactly right. Such a fuss for a pound! What is your opinion on them including someone elses details on the I&E form?
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I simply told them I'd be willing to increase the monthly payment if lowell would waive the interest, fees etc. I can't fill in the I&E form anyway as they have printed someone elses details on it!
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Ok.Sorry. I was just trying to keep it short and to the point... 'We write further to your letter of 16 June 2015, the content of which we note. We confirm that we were in receipt of your payments as per the agreed arrangement up to 5 April 2015. Unfortunatly you defaulted on the payment arrangement in April 2015 which automatically terminated the agreement hence a claim was issued on the account on or around 21 April 2015. Please contact your bank directly for information as to why the standing order was not processed. Without further information as to why the payment was not made, we are not able to take further instruction from our client. Please see enclosed a financial statement for you to complete and return to us in order for us to handle your account appropriately. We recommend that you seek independent legal advice.'
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Ok, Thank you. They are also asking me to fill in and return an I&E. I am a little reluctant as they are asking for my bank account details on the form. Would it help if I did fill it in?
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I have a reply from Carter in response to my proposal. They state that they confirm my payments up to 5th April '15 when I defaulted on the arrangment. Then a claim was issued on 21st April. They also say that 'Without further information as to why the payment was not made, we are not able to take further instruction from our client.' I don't know whether I should respond or just let it go to mediation.
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Hi. I have written to Carter with my proposal. I have no reply yet but today I have recieved a 'Notice of Proposed Allocation to the Small Claims Track. It is a simple form I need to complete and return to the court. I'd just like to know if I should agree to the case being referred to the mediation service?
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Ok. thanks for your advice yet again, Andy. I will write to them.
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I didn't propose it. They just sent it.
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Well, they say if I pay a lump sum of £215 within 21 days, they are happy. But I have no way to pay this. If I want to pay by instalments, I should also complete the 'Memorandum Instalment Agreement'. This option will be the full amount plus interest and costs. I have to fill in the amount I will pay per month myself. I'm not sure what would be an acceptable amount to enter. (i'm still paying £1 per month and they refer to the fact that they are still receiving payments in this letter.) If I don't comply, Lowell 'shall be at liberty to enter judgment for the full amount claimed..'
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