Lowell/? claimform old Lloyds TSB Overdraft 'debt'

[jaylee768]

Hi,

 

I had a default with Lloyds TSB a few years back, which Lowell took over. A few days ago I received a letter through the post from court saying Lowell want this debt paid and I have 14 days to respond.

 

The original debt was made up of charges (because of an unplanned overdraft), The total amount owed is around £1400 and I just refused to pay it and buried my head.

 

Is there anything I can do about this now or should I just accept and pay it in installments? Really don't want a CCJ.

 

Thanks

[Andyorch]

Have you received a claim form from Northampton?

[jaylee768]

Have you received a claim form from Northampton?

 

Yes that's correct, the amount claimed is £1414.35 but with fees it totals £1564.35

[Andyorch]

Thread moved to Financial Legal Issues.

 

jaylee If you would read the following link and then copy and paste the Qs and your responses back here for further advice.

 

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

 

Regards

 

Andy

[jaylee768]

Name of the Claimant

 

LOWELL PORTFOLIO

Date of issue – 16th June 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim?

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds Banking GrouP PLC under account reference XXXXXXXXXX ('the Agreement').

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on 17/06/2015 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,309.85 remains due and outstanding.

And the Claimant claims

a) The said sum of £1,309.85

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.287, but limited to one year, being £104.50

c) Costs

 

What is the value of the claim?

 

Amount claimed: £1414.35

Total amount: £1564.35

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Unplanned overdraft on a current account.

 

When did you enter into the original agreement before or after 2007? After, 24/12/2009 as stated on my credit report

 

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. Lowell, debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so.

 

Did you receive a Default Notice from the original creditor? Not that I'm aware of.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I'm aware of.

 

Why did you cease payments? Couldn't afford to pay the ridiculous fees they were charging me every month.

 

What was the date of your last payment? I'm not sure, on my credit file it's showing no payments for the last two years, and no payment history before that for some reason.

 

Was there a dispute with the original creditor that remains unresolved? No, I contacted them a while ago to dispute it but nothing came from it.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, but I couldn't afford to stick to it.

[Andyorch]

Many thanks....okay get a CPR 31.14 Current Account version sent to the Sols...and then register to use MCOL and acknowledge service of the claim.

 

Andy

[jaylee768]

Many thanks....okay get a CPR 31.14 Current Account version sent to the Sols...and then register to use MCOL and acknowledge service of the claim.

 

Andy

 

So I just get a version printed out and then send it to them first class recorded or something?

 

Thanks

[jaylee768]

And also, are we talking about this letter here?

 

http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

Thanks a lot

[Andyorch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

[Andyorch]

So I just get a version printed out and then send it to them first class recorded or something?

 

Thanks

 

No

[jaylee768]

No

 

Where do i send it just to the solicitors address?

 

Thanks

[BankFodder]

I'd be very interested to know whether these charges were levied in respect of unauthorised payments which were permitted, or in respect of unauthorised payments which were bounced.

 

In other words, did you receive any service at all for the charges.

 

This is a very important question and I'd be grateful if you could respond in as much detail as possible please

[jaylee768]

All I remember from back then was that I was in trouble with payday loans,

I had no money in the bank to cover the repayments but they authorized some of the payments to be taken out anyway.

 

 

It put me into an unarranged overdraft where I was getting charged stupid amounts of money.

I called them and we entered into an agreement and I believe they put me on an account which i had to pay £10 a month for, and in return I wouldn't get charged unarranged overdraft fees, I think it was an account called "control" or something.

 

That's all i can remember unfortunately.

 

Thanks

[Andyorch]

Where do i send it just to the solicitors address?

 

Thanks

 

As per post #6 above Solicitor

[jaylee768]

As per post #6 above Solicitor

 

Thanks!

[BankFodder]

Well I think that it is important to understand how the charges were incurred/why they were levied.

 

I think in addition to following the advice you've been given above, you should send the bank in immediate SAR. You need to get all the information you possibly can so that you can understand exactly the pattern.

 

Tipping on the answer you can give us, there may be a basis for running a defence of unfair treatment – assuming that you feel that you would like to try and defend the action.

 

I think you need to get the SAR in the post – recorded delivery – and accompanied by cheque, tomorrow. Are you up to defending this legal action?

[Ford]

... I think it was an account called "control" or something.

 

yes, is called a 'control' account.

https://www.lloydsbank.com/current-accounts/control.asp

[jaylee768]

I unfortunately haven't had the chance to get anything printed up (because I don't have a printer)

and sent in the post,

 

does anyone feel I still have a chance to defend this action now I've left it so late?

 

I've had a look and from the sounds of sending an SAR it can take them a while to get back to you,

would that still be the same for a CPR?

 

The only thing I've done in the past 3 weeks since receiving the claim form was acknowledge the form on mcol website!

[BankFodder]

You could have written it by hand. Do it now

[Andyorch]

Please tell us you have at least acknowledged service of the claim?

 

Yesterday was the cut off (19 days)

[jaylee768]

I receieved this from them today (The last day i have)

 

We reply to your comments as below;

 

1: The agreement/overdraft Facility confirmation and Terms and Conditions from that date pursuant to section 61B of The Consumer Credit Act - the agreement has been requested and will be sent to you once received from our client.

 

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA197 - the default notice has been requested and will be sent to you once received from our client.

 

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C – please be advised that the NOSIA act was introduced in 2015 and your account was defaulted by the original creditor on 14 January 2013 therefore, this will not be available on your account.

 

4. Notice of Assignment – this has been requested and will be sent to you once received.

 

We can further confirm that you made a payment towards this account of £90.00 on 07 September 2012 which was 3 years after the date of the account being taken out.

 

We will provide you with the requested documents once we have received the same from our client.

 

In the meantime, if you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

[Andyorch]

So have you acknowledged service ?

 

 

With regards to above...good luck to them and we will wait and see what is received.

 

Andy

[jaylee768]

So have you acknowledged service ?

 

 

With regards to above...good luck to them and we will wait and see what is received.

 

Andy

 

Yes I did, but today is the 30th day so am I not out of time to do anythung about this?

[Andyorch]

Your defence must be submitted by next Monday 18th..the above has no relevance to your defence...apart from them failing to comply with your CPR 31.14 request.

 

Plenty of overdraft defences in the Legal Success forum you can adapt to suit your particulars.

 

Andy

[jaylee768]

So tomorrow I submit a defence based on the fact they haven't bothered sending me the necessary documents? Not really sure what I should be doing next if I'm honest. Thanks for your help.