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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

yamamoto

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Everything posted by yamamoto

  1. yamamoto
    another one - sorry Would i be better putting my defence in stating that i no nothing and cannot comment until they provide the paperwork - AND THEN, when, and if, they provide the paperwork can i then add the made up of charges bit above ? hope thats understandable
  2. yamamoto
    after readinga little more i feel that the following may be a better defence based on the above I was originally going to use a version as found here : http://www.consumeractiongroup.co.uk/forum/showthread.php?415443-Claim-form-received-carter-lowells-Lloyds-Overdraft&p=4459963&viewfull=1#post4459963
  3. yamamoto
    right i have my standard defence ready to submit this evening but on it i have not mentioned anything about unfair charges / penalties etc So - SHould i ? Essentially the alleged debt of £1191.XX was run up over a year and in that year we had £798 of unauthorised overdraft fees (i believe the bank kept reducing the overdraft on a monthly basis to clear the overdraft - however, our wages and outgoings stayed the same so therefore each month we went a few quid over the overdraft and therfeore were hit with fees almost as much as what they had reduced it by some months) along with £130 of returned chequw / unpaid direct debit fees ( one appears to be a £40 charge even though the direct debit of £5 was only underfunded by 58p !) Would appreciate your urgency in replying to this as got to submit the defence today Many thanks
  4. yamamoto
    Thanks Andy - going to have a go at defence this evening so i shall return later on tonight and post up what i have
  5. yamamoto
    Thanks for the reply, appreciated
  6. yamamoto
    Sorry, i have a few more questions relating to the defence and specifically how much "truth" to give in it. A lot of the defences i have read for similar claims are based on things like i " i have not recieved a notice of assignment" , " this is the first i have heard form lpowells" etc now, I HAVE receieved a notice of assignement from lowels ( but not from Lloyds), Lowells sent me the statements as described earlier in the thread and i have recieved LBA letters and general threat o grams from lowels since last year ( and several other companies for some time before) so do i mention this or still go along with attempting to make lowels prove they have sent them by denying it. finally - from day one when this first kicked off in 2008 ish my "defence" whenever contacted was always that i had a valid claim for over 6k worth of bank charges dating back to 2001 + any unlawful penalty charges that were put on this overdraft - how valid is that / is it worth going down that avenue ? Thanks
  7. yamamoto
    S0 it would appear that the letter above is a standard response to CPR requestes from BC judging by other threads on the forum. My biggest concern is i now only have 6 days left to file my defence and as this is a saturday they are not going to recieve any letters i send until the 13th of the month at the earliest - therefore leaving me only 3 days to get a reply and to enter a defence. What is the meaning of the following ? Should i redo the CPR request and send to Lowells ? I also plan to send the following letter to BC as found in other similar threads Finally what is the procedure for submitting a defence to the courts when you have not been given the details about the debt from Lowels / BC thanks for any advice
  8. yamamoto
    Hi Potman - have you had a reply to the above letter sent to BC regarding the non compliance with cpr request ? I have just had the exact same letter back from them so am considering sending something similar - my main problem is they have not agreed to an extension of time and my defnce is due to be submitted in 6 days time :/
  9. yamamoto
    Had the following letter back in reply to the cpr request: So i get from that that either they have not got all the correct paperwork or they are just frustrating matters in the hope i give in So what next then ?
  10. yamamoto
    Cheers for the link - I was the first name on the account Mr ...and Mrs .... i shall sort out the letter shortly and get it sent tomorrow
  11. yamamoto
    Oh and finally - The court papers and all correspondance has been ONLY to my wife even though it was a joint account
  12. yamamoto
    Details as requested in link above : Name of Claimant - Lowell Portfolio I ltd Date of Issue - 15th April 2014 POC - This claim is for 1191.XX the amount due under an agreement between the original creditor and the defendant to provide finance and / or goods. This debt was assigned to / purchased by Lowell Portfolio I ltd on XX/07/2013 and notice served pursuant to the law of property act 1925. Particulars RE Lloyds Acc no XXXXXXXXX And tthe claimant claims 1191.XX The claimant also claims interest pursuant to S69 County court acs 1984 from XX/07/2013 to date at 8% per annum amounting to £74.44 value of the claim - £total amount is £1411.XX which is made up of amount claimed £1266.XX + Court fee £65 and solicitors cost £80 Claim is for charges on an overdraft When did you enter into the original agreement before or after 2007? - unknown as lowell will only provide us with bank statements between 2007 and 2008 which only show overdraft charges being added and do not show a paticular date of going overdrawn or using an overdraft 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. - No issued by Lowell but originally a lloyds overdraft Were you aware the account had been assigned – did you receive a Notice of Assignment? - YEs aware - interestingly - the notice of assignment letter says it was sold to lowells in 06/13 - the notice was recieved by us in 09/13 and the particulars of claim on court papers say they brought it in 07/13 Did you receive a Default Notice from the original creditor? unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not to my knowledge Why did you cease payments:- as first post in thread - it was the time when the bank charges were going through courts and we stopped putting money into bank account as charges were becoming unmanageable Was there a dispute with the original creditor that remains unresolved? Bank charges dispute from 2006 ish Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes to first part and NO to second hope that helps ?
  13. yamamoto
    HI - just a quick question relating to a debt that is both mine and my partners name ( joint bank account overdraft). the DCA is only chasing my wife - and she is the only one named on the court summons - is this ok or should it be both of us as it was a joint account ?
  14. yamamoto
    BIt of an update, had the dreaded court summons from Northampton today - Lowel still havent sent me any other proof other than a partial copy of statements and its my wife that is named on the court papers and that has had all the hassle from Lowels but it was a joint account - so should lowel be dealing with both of us or can they just chose to take on partner to court ? any help and advice gladly received thanks
  15. yamamoto
    if it was facebook that would be a big thumbsup lol i shall keep reading the forum and see what happens re lowell then and report back when i hear again cheers for advice everyone
  16. yamamoto
    where do i stand on the statute barred side of things ? Can an overdraght become statute barred and if so what would activate the start of the 6 years ? i realise i may have to pay this but ive always felt that lloyds reluctance to take it to court despite them and many DCA's threatening it meant i did have something in my favour or something was amiss so anything i can do to frustrate or delay - especially as its been sold to lowell would be handy lol
  17. yamamoto
    so can you ask for a CCA and send the general cca request letter in relation to Over draughts ?
  18. yamamoto
    thanks - thats what i thought to be honest
  19. yamamoto
    thanks both, DX100uk - contact has been a mixture of letters and phone over the years. I am of the same opinion re lloyds taking me to court and in the past i had hoped they would of taken me to court so i could of counter claim but with the court finding in the banks favour i fear that boat may of passed. Fkofile All the letter states is as follows: we write in respect of the above debt which we have purchased from lloyds. We would advise that after lloyds removed the account from their systems, interest or charges were applied to the account which wiil not be shown on the enclosed statement. We have confirmed with the original creditor that the outstanding balance is correct after these have been added to the account. We are now entitled to receive payment of the balance of £11XX.XX from you and enclose a copy of your statement as requested. please kindly make payment of the outstanding debt blah blah blah that was sent mid december and since then ive had two "you have not contacted us" threat letters. I have had no other proof what so ever, cca or otherwise. from looking at the the original letters and statements it seems that after going over drawn they gave me an overdraft of £250 - anything over that is made up of overdraft excess fees which vary between £30 and £165 a month and overdraft interest which at its greatest is a sum of £12
  20. yamamoto
    HI, I'm after a little advice on the following and where i stand etc. This all relates to a Lloyds bank account held between 2001 and 2008 In 2006 i attempred to get back approx £5k worth of charges from Lloyds - i never took it to court as i could not afford the initial court fees at the time so only went as far as issuing a letter before action ti which i got the general "go away" letter back from Lloyds. sometime between 2007 and 2008 lloyds allowed me to go overdrawn and this spiralled out of controll - when they closed the accoung in 2008 i was £1100 overdrawn and this was mainly due to unplanned overdraught fees and interest etc - the initial figure that hiad actually gone overdrawn by was only £100 or so but with wages not covering the excess fully each month it soon shot up to the £1100 figure. between 2008 and 2012 i had letters from lloyds and various debt collection agencies trying to get it back - my reply was always that the figure was made up of excessive charges and i welcomed them to take me to court so that i could conterclaim on account of the charges from the overdraught AND the previous 5k of charges from 2001 - 2006 - they never took it as far as any kind of court action and was generally just a long line of threat-o-grams. In June 2013 the alleged debt was SOLD to lowel finance and i told them that i didnt recognise the debt as it was made up of charges dating back to 2001 (explained the whole thing to them) and they needed to prove that i owed the money. in December 2013 they finally got back to me with their "proof" that the debt was owed and this was in the form of a years worth of statements between 2007 and 2008. So a couple of questions ... 1 - What else can i do to delay and ask for more evidence - A statement of account surely just shows what went in and out of the account etc and doesnt nessasarily show that X is owed, why its owed, how its made up etc ( or does it and is it enough ? ) - should there be a CCA or similar ? 2 - The last entry on the statement when the account was closed was march 2008 - will this become statute barred in March 2014 ? or would it become statute barred earlier - for example when i originally went in to unplanned overdraught - or maybe later when they first sent a default notice ? 3 - and finally - do i actually have ANY kind of defence with my stance that the majority of the amount owed was from unplanned overdraught fees and that that i may have a counterclaim for unfair fees going back to 2001 ? Any help would be appreciated D

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