Hoist/? Claimforn - Lloyds overdraft -Statute Barred?***Claim Discontinued***

[paulh1818]

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.

[havinastella]

You are correct, they are wrong. Just ignore them from now on.

 

Do NOT ignore Court papers.

[dx100uk]

pers I wouldn't have sent anything

it just wakes them up

 

 

if the debt is SB'd

let them issue a claimform

the sb defence will kill it dead.

 

 

dx

[dx100uk]

what debt is this and who/type?

 

 

dx

[paulh1818]

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.

[dx100uk]

quick ring to Lloyds might help

or your credit file?

 

 

dx

[Conniff]

I don't have any proof of the last payment made but it definitely is over 6 years.

 

Unless you paid over the counter by cash, there will be a record somewhere.

[paulh1818]

Hi all. I have received a claim form today. Would it be to late to sar Lloyds for the info? Thanks.

[dx100uk]

moved to legals

 

 

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

go ring Lloyds and ask last payment as you were asked 2mts ago please

[paulh1818]

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.

[dx100uk]

ok that's great

can we have the date in the top righthand corner of the claimform please

 

 

you indicate last payment was feb 2010,

if you can confirm the last payment was outside of 6yrs from the date on the claimform tomorrow

then we can file the SB defence and kill this dead.

 

 

if not it will be CPR 31:14 time but hold on that till we know payment details

 

 

jut to clarify

its the last 'use' of the account by YOU in or out we are interested in.

not an auto DD or charges etc. YOUR last useage

 

 

dx

[paulh1818]

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.

[paulh1818]

Hi. Visited Lloyds today. I was a couple of weeks out with my estimate so the last payment was made on 31st March 2010. They printed it out for me too.

[Bazooka Boo]

Defo SB then, awesome!

[dx100uk]

:cheer2::cheer2:go file this on MCOL NOW.

 

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends..

 

 

don't forget to fill in the couple of bits of info needed

 

 

dx

[paulh1818]

Ok. Thanks again DX. All done. Is there anything else I need to be doing?

[dx100uk]

Wait and laugh I think

 

No they'll prob claim its not by some unfathomable robbersway logic

But well deal with them if they progress that claim

 

Let us know when you get back of defence being filed

[paulh1818]

Yes in the last letter I received they tried telling me that the 'cause of action' was from the default date. I'll update as and when.

[Bazooka Boo]

Yes in the last letter I received they tried telling me that the 'cause of action' was from the default date. I'll update as and when.

 

When will they stop lying?

 

We are not as dumb as they are!

[paulh1818]

Hi. I have received a 'Notice of Proposed Allocation to the Small Claims Track' with the 'Directions Questionnaire' enclosed. Any advice before I fill it in? Thank you.

[dx100uk]

easy to do

yes to mediation yes to Small Claims Track and name your local county court as the venue.

the rest is obvious

[paulh1818]

Hi again.

I have received an email from the mediation service.

 

 

Both parties have submitted their DQ's and both have requested mediation,

although I have not received any letters or paperwork from hoist at all.

 

 

A provisional appointment for mediation has been made.

[dx100uk]

mediation will ring and ask the same questions

one of which is

have you received all the required paperwork

you answer no

mediation will fail.

 

 

don't forget we have a search facility here too

!

[paulh1818]

Okay. Thanks DX.

 

 

I just wasn't sure what I would say at mediation since you're supposed to be flexible and there's not much flexibility in a statute barred defence.

 

 

Doesn't matter now though.

 

 

I have just had a call from the mediation service to confirm the appointment and, just as you said, mediation can't proceed without the required paperwork.

[paulh1818]

I have received a copy of Hoists DQs today. Envelope is clearly dated 24th Nov (same day that mediation phoned). Although the cover letter inside has conveniently been back-dated so it appears to fall within the correct time line.