Court claim from Lowells for Lloyds overdraft

[Aterlatus]

Bump.

 

Any templates I might be able to lend from to try and get them to play along? In the coming weeks I may be getting a small lump sum which could be used as leverage if it's any help. Just don't want to draft a letter myself and end up shooting myself in the foot.

[Aterlatus]

Hi all,

 

After a lengthy wait with the courts over charges a few years back,

I finally gave in and let them strike it out.

 

Our good friends at Lloyds put a default on my credit file mere days afterwards.

I'm fairly sure there was no default notice, but it's going back over a year so I'm not 100% certain...

 

The defaulted balance isn't a huge amount, and if it comes to it then I can settle it (even though it's just a small portion of the charges they've levied)

but I don't want just a settled default marked on my file.

I feel it was unfair to put the default on in this way without even asking me nicely to settle it first, so I want it gone.

 

Has anyone had any luck getting defaults removed in such circumstances?

Any suggestions on how to word a letter to their collections department?

It's having a noticeable effect on my credit history now that I've been working hard to put straight for some time!

[BRIGADIER2JCS]

Hi, if the default sum is entirely charges the no default should have been placed, so this can be challenged as unfair.

The ICO says in guidance that if a default sum is composed of charges without which the account would NOT have

been defaulted then no default should be placed.

[dx100uk]

yp.

 

go get 'em

 

BCOBS might help too.

 

 

dx

[Aterlatus]

Is there any appropriate templates to act as a starting point, or should I just draft something myself? If the latter, anything specific I need to be sure to mention?

 

Thanks for the replies.

[BRIGADIER2JCS]

There is no template for this, you can challenge it as unfair if the greater part of the default sum is charges, that were the cause of the default being placed.

 

Your complaint should be addressed to the Data Controller of the bank.

[javorb]

how did you get on ,i am trying to get a default removed with £800 account maintenance charges,they have refunded me £450 of charges but unwilling to address the default,i am trying to get removal due to time limit ,it was defaulted nearly 2 years after going into dmp

[Aterlatus]

I've received a claim form today for a long forgotten Lloyds account.

 

 

The account in question was one I had been trying to claim charges back on in 2009.

 

 

In 2010, the account was defaulted (whilst still going through the courts).

 

 

In 2011, it was struck out.

 

Where do I stand on this one?

 

 

Is it potentially statue barred given the huge time since anything went in or out of the account?

 

 

What should be my next step?

[fkofilee]

Ouch, I dont think itll be Stat Barred if youve written anything admitting the debt is yours.

But I could be wrong...

 

Please fill in the court claim template on the link below from Ford... Paste it back here

[Guest]

further details needed

re this http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

and details of their previous related strike out you say, do you have a previous thread on it? eg this one? http://www.consumeractiongroup.co.uk/forum/showthread.php?138974-Aterlatus-V-LloydsTSB

[Aterlatus]

I've written nothing since the charges claim back in '08-'10 which went nowhere fast.

 

Which template are you referring to? I'm searching around but probably can't see it for looking - an OK day has just turned into a pretty cruddy one.

 

Edit: Thanks Ford, taking a look at that now.

[Aterlatus]

Claimant is Lowell Portfolio 1 Ltd

Date of issue is 27/05/2015

+19 days = Sunday 14th June

+33 days = Sunday 28th June

 

PoC (rounded values in brackets):

 

The Claimant's Claim is for the sum of (570) being monies due from the Defendant to the Claimant under a Financial Services

agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds Bank Plc under account reference xxxxxyyyyzzzz

and assigned to the Claimant on (01/07/2013) notice of which has been given to the Defendant.

 

The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00%

per annum (a daily rate of 0.10 from the date of assignment of the agreement to (01/07/2013) being an amount of (36)).

 

Value of the claim is circa £570

I'm unsure if the section 69 interest is part of the total claim

or just listed seperately because I couldn't tell you how much the original overdraft is, only approximately 450ish.

Claim is for a current account.

Original agreement (assuming account opening) would be around 1996.

 

Appears to be a debt purchaser who has filed the claim.

Lloyds have shown no interest for a long time now.

 

I don't recall receiving a notice of assignment, but may have.

 

I'm fairly sure there was no default notice issued in 2010,

since it would have gone into my pack of documents where I was keeping track of material for the court.

 

I have not received any statutory notices headed "Notice of default sums"

 

Payments ceased originally because I was out of work with no income for several years leading up to 2008 (living off family).

They weren't continued when I took it to court.

 

Around 2005/2006 (when I was last in work before the court case)

I did enter into an agreement to pay the overdraft off, but lost my job and couldn't keep it up

. Since then there's been no payments made.

 

Thanks for the help so far. Just trying to get my head around it all. I've not seen a claim form for a looooong time now.

[Conniff]

"I did enter into an agreement to pay the overdraft off, but lost my job and couldn't keep it up. Since then there's been no payments made."

 

 

What date was that ?

[Aterlatus]

Around 2004/2005, hard to be more specific with it being so long ago. It was the last time I worked before going to uni (September 2008).

 

Just trying to get my head around where my money went from 2005-2007 (when I opened a joint account with the now-wife). I don't *think* I had benefits paid into that account, but it was so long ago I'm struggling to recall having any other accounts. From when the joint account was opened (2007) it was definitely unused though.

Edited May 29, 2015 by Aterlatus
Changed years - was even further back than I thought.

[Aterlatus]

Anyone able to offer thoughts or advise on how I handle this now? I'm acutely aware that the first deadline date lands this Sunday.

[SabreSheep]

Your post has been flagged to the site team.

 

In meantime I would suggest you log into MCOL and acknowledge the claim and select defend all

[citizenB]

Your timeline is..

 

Issue date: 27.05.2015 + 5 days for service = 31.05.2015 + 14 days to acknowledge = 14.06.2015 + 14 days to submit defence = 28.06.2015.

 

So at the present time, all you need to worry about is acknowledging the claim and you can do that today, if you wish.

 

The claim implies they have sent a Default Notice - as these are not required for an overdraft , I wonder if they did actually send one ? Lloyds were not totally reliable when it came to the administration of the accounts prior to issuing claims.

 

If you could try and establish when the last activity took place on the account (either in or out) that would help.

 

Do you know the value of the default / penalty charges applied - I wonder if, despite the Supreme court's decision to find for the banks, I think you might still be able to use the fact that the O/D is very likely made up of charges and not money that you do actually owe the bank.

 

I will ask someone to look in on you, in the meantime, acknowledge the claim - you don't have to wait until Sunday and have a look at other threads to see how others have dealt with these.

[AndyOrch]

Thread moved to financial Legal Issues

 

Defend all the claim...

 

Regards

 

Andy

[dx100uk]

I have merged several threads on this OD.

 

 

it looks to me that there is a 6yrs gap between your issuing of your claimform for charges and their claimform date?

 

 

and you didn't ever pay Lloyds anything after your failed charges N1 did you?

 

 

dx

[Aterlatus]

Thanks for the continued advice everyone. You really do know how to take the load off!

 

The acknowledgement of service has gone in now so I'll be able to get reading over the weekend of other people's stories.

 

Since we opened the joint account (2007), not a penny has gone in or out of the disputed account.

 

 

Do I need to get a SAR in to Lloyds now to get some proof that is the case?

 

 

The account hasn't been listed on my online access for longer than I remember now, so I can't use that to check transaction details.

[dx100uk]

no sar wont return in time [40 days]

 

 

pers I think this is statute barred and you should file that defence ASAP.

 

 

let others pass judgement first mind

 

 

dx

[Guest]

re earlier posts in the thread, seems;

an arrangement to pay an outstanding o/d was entered into around 08. and new o/d put in place.

post #64 an 'enforcement notice' given 09/09 (prob the 'default' notice referred to in the particulars).

statute bar re an o/d prob runs from the end of such a notice (21/09/09 according to the post). so, may not be barred going by that?

a default seems to have been filed around 02/11? soon after the OP's charges claim was struck out post # 75.

[Aterlatus]

The agreement to pay was during my last employment before going to uni. That would've been around 2005. The account was used (benefits in/out) until 2007 when everything was moved to a joint account with my wife.

 

I must've got my years mixed up on the default at the time, because according to experian the default date is February 2010 (for the amount of £450). The current balance according to my credit file is £0 now, since it was sold on August 2013.

[Guest]

ok, was just going by your prev posts which said 04/08 re the arrangement paying 10/mth and a new planned o/d of 550 also in place.

and 09/09 re the enforcement notice.

[Aterlatus]

I genuinely didn't recall that (it was 7 years ago!) so I've just dug through the old file I kept the court papers in and found a copy of the agreement. I did indeed agree to pay £10/month back in April 2008. I'm still trying to find the old bank statements so I can see the last time anything was actually paid.

 

 

OK, digging through statements is just about complete. It appears I was at least attempting to pay the £10s as per the agreement, with the last payment at the start of January 2009 (and it was an odd amount, which would account for the quite specific amount left overdrawn - it also ties in with what the overdraft limit would have been with the monthly £10 reductions). I can't find any record of anything in or out after that date, which would tie in roughly with when the case for reclaiming charges was stayed (September '08 - few months in it).

 

I might struggle to say it was all charges though, because money was moved back and forth between joint and current up until the point where I abandoned the account (which would be, now it seems, January '09).