as post 24

So sorry i didnt see that

What could they do with OD then?

issue a speculative court claim I suppose

and hope you wet yourself and blindly pay

Haha, ok thanks again Dx

Have a nice weekend

Hi DX100Uk,

So an update

- i got a letter for each overdraft through

one from shoosmoths LLP and

one from blake morgan LLP, asking to settle on behalf of Arrow.

Im presuming as these are soliticors they can file for a CCJ?

Any advice on what to do?

Also if i have unlawful ppi charges to claim back,

should i be aiming to offset these against the debt or claim them back separately with Halifax directly?

otal OD's are £3000 and ppi amount to claim back looks like £1300 including the monthly account fees according to what i have been researching are also claimable.

I read a thread by 'sculpture' where he/she told shoosmiths to put the matter on hold as he/she was in discussion with Halifax and disputing some issues.

When a court claim arrived he/she defended and admited to the overdrawn but challenged the amount due to fees, and because of that shoosmiths actually closed the case stating it was not worth it due to the proprtionality of it. As OD isnt under CCA its new to me.

i am not sure how best to play this: i was thinking, although you will probably all suggest option 3 right

1 - Claim back my ppi from halifax direct and settle a reduced amount with DC

2 - let it go to court and challenge the amount due to the ppi

I cant really see much defence with an OD apart from getting the fees back and settling for a lesser amount, possibly breaking even

can we see the letters please

read upload use Pdf please

the reclaim goes to Halifax

nothing to do with arrows or their dogs.

only the owner of a debt can initiate a court claim

just because a fake/tame solicitor is writing to you means nothing

the letters - if you read them properly don't say WILL anything.

as for the sculpture thread

that's from 10yrs ago

and was the OC taking them to court not a DCA

Absolutely DX100Uk, i hear you and read/remember this and OC only but i hear alot of threads where shoosmiths had taken people to court? Thats why i started to nose around

Ok shall upload today as soon as i get home

Again thank you for your reply

shoos cant take anyone to court themselves.

they are a solicitor [all be it 9/10 it simply being their letterheads being used in the same printer the DCA threat-o-grams come from think about it...]

they act for their clients

if you look at any claimforms/thread titles of recent - the claimant is never the solicitor, they are just the goffer that might appear in court representing their client.

again 9/10 its never shoos anyway just a local bod from the court.

its that word instructed...see the letters bet its there..

I can instruct my dog to sit

if it does is a totally diff matter....

Hahaha....

Sure thanks i get that

- what i meant was does the DCA (arrow) through Shoosmiths have the ability to take me to court now owning the OD.

The client is now Arrow not the OC halifax.

So can this still be enforced if not the original creditor/overdraft owner (Halifax)?

If they are able to take me to court i wouldnt have much defence with an OD from what i understand, so my reasoning said its more sensible to settle than go to court with no defence. But as always i listen to your advice.

You are right though the letters are very DCA style indeed - ill upload asap

if defended properly we rarely lose an OD claim here.

they are typically almost 90% PPI/charges that make balances up as that's why the OC sold it on.

Ok great, well my calculations show £1300 so makes sense. Ill upload letters today as promised, and i presume take no action for now.

Thanks again!!

is that with interest added using the CISHEET?

No thats just me going through all the charges and monthly fees. Whats a CISHEET? ive googled it but didnt bring much up

I thought since 2009 it was pretty tough claiming back unless you could claim/prove financial hardship. Should i progressing with the claim of my fees back now or wait?

no its just for your ref really

but would be a mighty useful bit of info for a judge!!

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

enter your OD int rate in D15

set the claim to date to the date the account was sold to the fleecers

Apologies for the delay, got a bit bogged down over the holidays.

Am scanning and uploading now letters from Shoos and blake morgan

I have tried using that CISheet, but seems i need to put in each individual charge? ill get round to this asap

how you defend OD, by proving/showing the majority of it was PPI charges?

Is there a preferred method for claiming back PPI?

well its way off court yet IF atall

but thypically

Defence

I accept that I have in the past held a current account with Lloyds Bank Plc. I have not serviced this account since xxxxxx due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account and;.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

........................

the PPI should be done the same as the charges but using the statint sheet.

against the original creditor.

don't do anything yet mind

get your info together.

the BM letter didn't attach properly

you don't need to put a link in you msg box to it

just upload it.

dx

Wow! Thanks thats amazing

Here is the Blake morgan one for the £2k OD.

Much more to it, in some points they completely contradict themselves:

'you are receiving this because someone intends to take you to court' '..

.how has referred your account to us for legal action'..

. then as you say typical DC wording '...

it could take you to court' and 'if you dont, it could result in taking you to court'

SH.pdf

BBM.pdf

the arrows letter is offering a discount bogroll

the blake morgan stuff is a PAP letter

which you must reply too.

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

Ok so does this change much, PAP means they will proceed?

So when you say reply you mean send the reply form? You advise Box B or D maybe and dispute the amount based on PPI charges?

Do i also request the following (i see it mentions IF the debt is covered by consumer credit only?

I require..

SAR? i have this from Halifax already but not Arrow

a copy of the Default Notice

A copy of the Notice of Assignment

a complete set of statements detailing exactly how the debt has accrued:

I. All Transactions.

II. any additional charges, be them from the original creditor or the debt purchaser now sending me this form.

III. details of all contractual interest added by whom and on what date.

IV. Payments toward the Agreement

Also in the defense statement is says 'The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank' but for the £1000 and the £2000, these were the OD limits, or am i not understanding the wording?

We'll have to do a OD version of post 6 of that thread for you soon

That would be amazing,

so shall i wait for that as i'd imagine if i tick D i need to submit requests with it in my statement or send Reply form and statement for now?

Im trying to do the CISHEET

but ive been through everything,

Halifax dont charge a % interest rate,

its £1 per day planned and £5 per day unplanned,

it looks like which can be anything up to 3000% apr on say being £10 OD!

Anyone know how to use the form for such figures?

Seems most threads are for Cards which give you an APR%

id wait

use the statint sheet then

Uploads unapproved account number and sort numbers showing in the BM upload.

Regards

Andy

Hi Andyorch they were BM sort and account no's i didnt know they mattered as sometimes these are even displayed on company websites. ill get this fixed tomorrow

Thanks dx100uk, i'll wait, yes Statint form makes sense, will get through this in the mean time waiting for an OD response to post 6 of that PAP thread