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  1. Last year out of nowhere I received a warrant for execution for a CCJ that I had no knowledge of. It transpired that it related to an old overdraft with HSBC that I knew nothing about. The claim was filed by Lowell who had never contacted me regarding the debt at any time. I arranged to have the Judgment set aside and then proceeded to defend the claim. Judgment has now been found against me and I want to know if anyone can advise me as to what to do next. I have no knowledge of an account with HSBC and never used one. Lowell have not provided any application form showing that I opened it or used it. The only evidence they have provided is some copy bank statements from their own database. The account is in a variation of my name - not the name I used. I in fact had a different bank account at the time - have had it and used it for over 10 years. First question therefore - if they do not have an application form or any other form of official evidence - is that enough basis for a claim? I cannot believe that some print-outs from the claimant's own computer is sufficient evidence of anything but is there a legal authority on this point? Second point, the overdraft was "called in" in 2007 but the claim was issued in 2014. I disputed this as being statute barred. In response Lowell suddenly came up with a spreadsheet from their own computer database with payments supposedly made my me and therefore claimed that it was capable of being the subject of a claim. They have not provided any evidence linking me to these payments - they are just dates, amounts and say they were made by "standing order" (but no details of the bank they were made from). I have spoken to my bank and they confirm no standing order payments or payments of any kind were made on the dates they allege. Do they not have to show where the payments came from? I am now in the position where I need to decide whether to apply to have the Judgment set aside again and dispute it further but having already failed once I am a bit concerned about this. I cannot understand how they can have a valid claim when they have no evidence other than that mentioned above. How did the Judge find in their favour? I can't afford to make the application to the Court unless I have some solid evidence behind me to fight my corner.... . which is why I am posting on here. Can anyone point me in the right direction or give me some pointers on how to fight this? I have reported the account to Action Fraud but I don't feel that Lowell will investigate this properly as it is in their interest not too! If they find evidence of identity theft or fraud - then they don't get their money! I have also reported Lowell to the Financial Ombudsman as I think they are wrong to pursue a statute barred claim. Any help here would really be appreciated as I am at a real loss.
  2. Background - about 4 years ago we wrote a cheque but there were insufficient funds in our account. Rather than bouncing it, HSBC paid it and this put us into overdraft for £350. Long story short, they have been chasing this through various debt collectors and the debt was sold to Hoist, who have issued a claim against us. We filed a defence, which was that we don't have enough info to confirm or deny the debt and that we had sent a Subject Access Request to the creditor. They responded with a notice of assignment and copy of the terms and conditions. We decided against mediation so the matter got allocated to a small claims court. We then received a CJR065C from the court saying: "Unless the Defendant files and serves a detailed defence complying with CPR 16.5 by 28/09/16 the Defence shall stand struck out without further order and the Claimant be entitled to enter judgement forthwith". we are trying to put together a defence and also see if we can negotiate with the claimant at this late stage. The terms and conditions we were sent state, under the heading When payments will and will not be made by us that payments will be made if there are funds in the account or if an overdraft is in place (there was no overdraft agreed at the time). It doesn't say anything about making payments when there are insufficient funds or no overdraft in place! We also haven't received an overdraft termination notice because no overdraft existed (until HSBC created one to make this payment). Something doesn't seem right here - any advice appreciated!
  3. Hi, An internet payment fell on a time when I had no money in my account to cover it because of work situation. Santander felt the necessity to charge me for an "instant overdraft request fee" and because I did phone and get it cancelled earlier this year (it happened before) they are "unable" to do it. they want to steal £25 off me this time because... NOTHING actually happened: the money never came out of my account, the internet company didnt get paid (because they sent me another invoice), my account has no overdraft capability, and santander feels I owe them £25 now for effectively "requesting" and overdraft on some account that never has an overdraft facility which I never did. Seems to me this is a good way of creaming on people that are most likely to have bouncing direct debits But I thought if there is no money in your account then it is declined and.... that is it: the company I owe then contact me to get their money, no charges or fees or some punitive cropping from the bank. What options to get back the money do I have? If a direct debit cannot be paid then what is all the deal with overdraft requests. Sounds like a bit of tricksterism to me, I never would agree to having this changed on my account. Thanks in advance
  4. name of the claimant ? pra group (uk) limited date of issue – 05 sept 2016 AOS done 7th sept .filing the defence? by 4pm Friday 7th October what is the claim for – the reason they have issued the claim? 1. the claimant claims the sum of £1900 for debt and interest. 2.on 0i/12/89 the defendant entered into an agreement with lloyds for an overdraft under reference (here is bank sortcode and account number). 3.on 03/11/09 the defendant defaulted on the agreement with an outstanding balance of £1500. 4.on 24/06/13 the debt of £1500 assigned to aktiv kapital portfolio as, oslo zug branch who itself assigned the debt to pra group (uk) ltd 5.on 31/12/14. notices of assignment were sent to the defendant in accordance with s136 law of property act 1925. payments of £10 received up to 17/07/13 and the claimant claims 1. the sum of £1500 2. statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum from 17/07/13 to 02/09/16 £376.33 and thereafter at a daily rate of 0.33 until judgement or sooner payment. what is the value of the claim? £2,070.00 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. PRA GROUP were you aware the account had been assigned – did you receive a notice of assignment? no did you receive a default notice from the original creditor? dont know was in psychiatric hospital have you been receiving statutory notices headed “notice of default sums” – at least once a year ? no why did you cease payments? originally in 2009 i lost my job due to mental illness and could not repay my overdraft. a repayment plan was subsequently agreed with lloyds of £5 a month as i was unable to work (still ill) what was the date of your last payment? july 2013.i maintained the repayments to that date after that i continued to try to make the repayments by standing order but the payments were returned. was there a dispute with the original creditor that remains unresolved? no did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes. details provided and monthly repayments agreed and always made until they started being returned to account. if you have not already done so – send a cca request to the claimant for a copy of your agreement (except for overdraft/ mobile/telephone accounts) i have not done this as claim relates to overdraft. is this right? Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards Request 2 - Current accounts i have read this and adapted it as best i can and will post it registered delivery tomorrow. i am new to this site. i have received a claim form from pra group for an overdraft with lloyds that i had when i had a breakdown in 2009 and was taken into hospital and lost my job. was making payments to lloyds of £5 per month from dec 2009 to july 2013 after that the standing orders were returned to me by lloyds. i also had a loan with lloyds and that was transferred to different debt purchaser and i continued to make repayments on that to date. so no i didnt know the overdraft debt had been transferred. i did not receive notice. i have read the guidelines on posting and i hope i am complying with them. any help at all on dealing with this claim would be very much appreciated. i have read that there are posts on the legal success forum that will help draft a defence. i .looking through this now. have i done the right things so far please. sorry about the caps. its.just that red font isnt coming up. i am trying to make my answers stand out for ease of reading
  5. Hi just hoping for some advice please. My OH has had a default recorded on his credit file by santander. He closed his account in March with a £500 overdraft remaining. He started a new business and been in contact with them since updating them as he was waiting on first invoices being paid. He has been getting letters saying he needed to pay £520 as the account was still open but frozen so no interest or fees etc would be added but nothing else and each time he's called they've said it's fine and will put notes on the system - no-one has told him he would be getting a default or anything like that. Anyway the invoices were paid this month and he called Santander to clear the balance but they said they could not accept payment since the account was closed he'd have to go in branch. He went in branch yesterday which was the earliest he could due to work. They told him he would have to pay by cash. So he paid half (£260) and agreed to go back today to pay the remaining half. (This was due to ATM £300 withdrawal limit) The lady told him that was fine and she'd put a note on the account. Again no mention of default or anything. He went on Experian last night to find that a default has been put on his account in the last week. Is there anything we can do about this? We haven't had any default notices and done everything we could to update and each time been told over the phone that it's fine and the account is frozen. He's called today and been told the account is delinquent so he'll have to speak to complaints. Are there different rules for overdrafts ie do they not have to send default notices or anything? Could it be that they couldn't send a default notice for the same reason they couldn't take payment by card and something to do with the account being closed/frozen? We still have the remaining £250 to pay that we have to go back to branch and pay by cash again. Should we do this or wait until complaint outcome? Thanks for your help x
  6. I've received a letter saying around £100 plus another £80 of compensatory interest is to be refunded to my account reflecting a mistake in charging overdraft interest to my student account which I opened in 1998. I called the remediation operations as directed by the letter to sort out at least the charges, but the representative I spoke to wasn't able to help much, but she said that this should represent all interest charged to the account. It doesn't match up with even my last 6 years of statements, which total ten times this much, plus several charges. I've previously claimed my penalty charges back from natwest, but did not get into the interest as it seemed too complicated at the time (c.2006/7) I can only easily get statements going back 6 years through online banking, and although I have a ton of historic statements from my previous claim, I don't have anything from 2006-2009. Anyone had a similar letter? Can I get statements beyond 6 years old?
  7. Hi, can anyone offer me some advice. I've recently discovered a default on my Credit file from 2014, i don't know why I've not seen this before, either blinkers on or I've just not checked thoroughly. Its for £154 from Lloyds, i moved bank accounts a few years ago and in doing so once the overdraft facility had been removed etc there was a negative balance on my account for £154, it was there for a few months and then paid once i had realised, so is settled but the default has been registered. I don't recall receiving a default notice for this at the time, the negative balance was created through overdraft facilities being withdrawn, therefore utilising i assume an unauthorised overdraft, then the account was closed when it was cleared. I contacted Lloyds using the nicely nicely approach asking them to consider removing the default as it was for such a small amount that was causing a negative affect on an otherwise healthy credit file. They wrote back saying why they registered it and no, they wouldn't remove it. having no recollection of ever receiving a default or notification of default i wrote to them, enclosed a £1 postal order for their time etc and they wrote back. They say "We can only remove a default if its been registered due to an error and this isn't the case in this instance. Data forwarded to the credit reference agencies has to be sent in line with the data protection act, principle 4 of the DPA states that personal data shall be accurate and where necessary kept unto date. if inaccurate data about one of our customers is held by the credit reference agencies, we'll be in breach of the DPA. Removing the default we've recorded with regard to your current account debt would mean we are not reporting accurate data. We don't retain copies of default notices, or enforcement notices in the case of overdrafts, and we are not obliged to do so That being said i can confirm that we sent an enforcement notice to you on 18th November 2013. This explained that if you didn't repay the outstanding amount your account would be passed to our consumer debt recovery department and a default recorded on your credit file with the credit reference agencies, to stay in place for six years. Your current account was considered to be in default on 12th feb 2014 when the balance was overdrawn by £154.49 We are not obliged to keep paper records indefinitely and as your account was closed over 2 years ago I'm not not able to supply you with a copy of the application form. However i have enclosed a copy of the final statement we issued on the account and this confirms the amount of £154.49 was outstanding. Yours sincerely......... Can i go anywhere with this, they are claiming that they aren't obliged to keep copies of notices sent to me, their records state they did send it, i say i never received it. The debt was cleared by me and this is shown on the statement they have sent to me with the letter. They claim that the letter they sent me stated (see underlined above) if i didn't repay the outstanding amount my account would be passed to their debt recovery department. They make no mention in the letter that they apparently sent about time scales or when the debt should be repaid by or state how long i had to pay it, only that if the debt wasn't paid. But it was paid. There is no letter to refer to to check as they don't have one, only the comments made above. Could this be my get out clause the fact they make no mention of how long the debt had to be paid ? Or do they have to be able to provide the info i have requested under the CCA ? Im not sure if its covered by the CCA 1974 but in one of their responses they stated that the default will remain there for 6 years in line with the CCA 1974. Appreciate any pointers. Thank you. Is it important to add, the account was closed , it was transferred to a new bank who took care of all the dd transfers, balance etc, so when the Lloyds account was closed i never received any request or demand for payment or agreed with them to set up a repayment plan for the balance that was left outstanding. It only came about as i finally received a request for payment from a company called apex acting on their behalf.
  8. Hello all, Have received claim form for my old student account overdraft- think i have a game plan and would like your advice. Name of the Claimant: Hoist Portfolio Holding 2 LTD Date of issue: 04 JUL 2016 What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £2300 in respect of monies owing pursuant to an overdraft facility under bank account number 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. 1.The claimant claims the sum of £2300. 2.Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 12/08/11 to the date herof 1781 is the sum of £1892.92 3. Future interest accruing at the daily rate of £50.00 4. Costs What is the value of the claim? £3500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Student Account Overdraft When did you enter into the original agreement before or after 2007? 2008 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.? Assigned to Hoist Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't recall getting any notice Did you receive a Default Notice from the original creditor? Don't recall any notice Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Cannot recall Why did you cease payments? Had student overdraft, went over limit of £1500 only due to their charges. Had to withdraw from uni as mother dying and financial issues. Was unable to pay. What was the date of your last payment? 2010 possibly Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Essentially, I was hoping this would reach stat barred limit. I did the wrong thing and hoped it would go away. I incurred this when in serious financial strife and only went over overdraft limit due to their charges. I have acknowledged service and have drafted a CPR 31.14 request and am looking to mount a put to proof and your charges are unfair defence. I would also be happy entering into a reduced settlement for the actual amount of the overdraft limit, the rest being charges. would need to be installments ideally. Looking for more time and hopefully for them to go away because a) I am defending and b) they may not have the documents or alternatively to do mediation or negotiate a cheaper settlement. I dont recall getting a default notice or notice of assignment to Hoist. Also, who are MKDP - I had an account with Lloyds TSB - did they have a right to sell the alleged debt? I have drafted the below CPR 31.14 request and made a low WOP offer. I would welcome your comments on advice on what to do. Will also post my defence and any response when I get it. Dear Sirs, Re: Hoist Portfolio Holdings 2 Limited v Mr X Y Claim Number: XXXXXX Request for documentation pursuant to CPR 31.14 [removed] - dx
  9. Simple terms: Lloyds overdraft, defaulted mid 2011 balance around £600. Had a claim open for bank charges on same account which I was hoping might of cleared the od was of course declined with court ruling. Had been paying Lloyds £1 a month till 12 months ago when I moved from HSBC to Santander, have not paid since. Lloyds have now passed debt to Cabot who are telling me they will accept an offer. I am absolutely in no position to repay at more than £1 a month, self employed, private renter, skint... but could maybe pull a bit together in order to get them off my back. Now considering the debt is made up i'd say of mostly bank charges at some point between 1996 and 2008 when I banked with them how much would be a reasonable offer?. Otherwise its a pound a month for the next 20 years. I was thinking of going in really low, like 10% which is now about £58. Any advice would be appreciated. I know the numbers are all pretty small really and not enough for me to lose and sleep over but it would just be nice to get this out the way if possible. Ps have debt collectors gone soft?, the tone of all letters compared to 5 years ago is very gentle.
  10. Back in December 2015 I received a letter from a credit agency (Wescot) stating that they were chasing a TSB debt of £4762. This came as a big surprise to me as I stopped using my TSB account about 6 years ago. I moved all my payments in/direct debits/ etc to a joint bank account (I did not close the account), so have not knowingly used the bank account since. I then moved house, but rather stupidly did not close the account. My only thoughts are that maybe I missed a direct debit, or used an online account that that was linked to that bank account!! I asked for statements to show how this debt had accrued, but as of yet, I've not received anything. I contacted them again on Tuesday and was told that they are chasing them again. Its really frustrating that over 3 months later I'm still none the wiser. Whilst waiting for the statements, I got another letter from Wescot stating that TSB are offering me a significant discount to settle the account!! is this normal? If they prove I had mistakenly used the account, then I'm willing to back all monies owed, but would be looking at getting some/most of the interest payments taken off. The reason I say this is that surely TSB, when doing their annual review of accounts/overdrafts, would have realised that the account was not in use. The reason it has taken so long for them to chase me is that I had a £4.5k overdraft, which they have let run the course until I went over it. When this first came about, I checked my credit score and it was 999. Then a few weeks ago, they put a default on my account. Bye bye perfect credit score. I have asked them to remove this whilst the debt is in dispute, but have yet to hear anything from them. They are saying that they sent a chaser letter on 12/10/15, a final demand letter on the 12/11/2015 and a closure letter on 9th December. Due to me moving address 6 years earlier, I did not get these. Whilst I feel rather stupid for letting this happen, can anyone recommend a good course of action? Thanks, Jason
  11. Good morning, I had a bank account with natwest bank. I have recently noticed on my credit file that the account defaulted on the 31/10/2011 for £831. I have now spoken with natwest and they informed that i was £1.41 in credit and a payment of £20 tried to leave my account. Because there was not enough funds i have accumulated this £831 in unarranged overdraft fees. They have offered me an offer of £332 to settle the balance. Now i am at a crossroad as this is affecting me getting a mortgage but i do not want to pay this amount.
  12. I have a Bank O/D which I just stopped using in 2011, transferred benefit payment to a basic bank a/c , they list on my Credit report at an old address as " sustained arrears over three months but you have agreed new repayments with the lender " which I haven't , I havn't been in touch with them for 5 years, BUT , they have taken to sending a new debit card to old address for the last two years, which I guess is a ploy to keep the clock ticking, but with overdrafts, I didn't think there was a clock ! I could advise them of change of address, but they can see that on Credit Reference Agency report. I guess there is some automated process which just keeps issuing 1 year debit cards to the old address. I cant pay the O/D off. Leaving alone. Balance been the same for 5 years. No other correspondence sent to old address at all. Just worried it shows as an open account , despite no contact from me with them for years. As it's an overdraft , should I just continue to ignore ?
  13. can a bank charge unplanned overdraft fees, if account went overdrawn or exceeded overdraft limit because monthly charges were applied?.
  14. Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account. the Claimant claims: 1. the sum of XXXXXX 2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX 3 future interest accruing at a rate of £ .XX 4 Costs I have been on MCOL and acknowledged the claim and said I wish to defend now I cannot get back on MCOL as my sign in and passwords do not match. I have rang them and the lady I spoke to said I can email a defence, only I don't know which defence to use as this is all such an untidy mess. BACKGROUND In 2008 I had no debts owned a business and lived in Staffordshire, by 2009 because of my husbands infidelity we had moved to Wales where my family was, he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent. In Dec 2009 there was a bad split with hubby the police were called so I remember the year quite well. I had been overdrawn since June/July and did not service the account with any funds at all I did however ring Lloyds and speak to them explain my situation. The account remained in arrears, got passed from them to their debt department. Spoke to them, I was in a dire situation barely covering my rent. they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop then the account went over the arranged overdraft letters started, etc. however in all this time I never paid into the account. Eventually in late 2010 they issued a default, the debt was bantered between solicitors then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this. I have also read they are supposed to service you with ongoing statements, had one or two of them over the time period to date but not regularly. I have now received a CC claim from Hoist, but never heard of them, had no letters or anything. I have checked my credit file on both Noodle and Experian Lloyds TSB debt is showing as SETTLED - on 30/06/2014 The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date and not showing as being sold to anyone. the only thing they all seem to agree on is the default date. Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder) but have mislaid all my bank statements from Lloyds in the last move ( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form on the original LLOYDS TSB terms and conditions agreement it clearly states: 10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft you would have broken the term of the account and you must pay the agreed amount immediately so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt Please help need some information fast as need to email defence tomorrow or day after Many thanks in advance PS........ pulled all the info off the site and read a lot of threads, it been a great help so far
  15. Hi I am looking for a little advice on how I should deal with a very old Santander (Abbey National) overdraft. Many moons ago (2007 – 2009) I had an Abbey account with a £3k overdraft, which despite me having my salary paid into this account, they decided to withdraw the facility giving only one months’ notice. (I believe this was the annual account review and my credit file had some adverse records on it). I was forced to move my salary and setup DD’s in another bank quite quickly and wasn’t in a position at the time to clear the overdraft. During the time the account was open they had charged me just over £3k in bank charges which didn’t include interest and in 2011 registered a default against me. Now I am in a far better financial position and would like to refinance to get better interest rates and perhaps go for a 0% balance transfer on a couple of credit cards. But this default will be on my file for another 8 months so is preventing me from getting favourable finance offers. What would be the best way to deal with this and would it be possible to have this default removed? Thanks in advance for any advice you can offer. Covers22
  16. Received a claim dated 12/8/15 last month for an overdraft of £2675 (post 2007 agreement). After they first started threatening legal action back in April I sent a OFT debt collection guidance 'prove it' letter which I found on another thread. They finally replied to this in July by sending the following: chequebook request and specimen signature car registration document copy of driving licence application form (completed but not signed)/terms and conditions copy of an MBNA credit card statement which was provided as ID on opening the account They state in the covering letter 'please find enclosed copies of your agreement and statement' but there is no statement for the Santander account only the MBNA one, nor is there anything showing the figure they are claiming for. I've since sent the cpr 31.14 current account request (not received a reply) and submitted the acknowledgment of service. However I'm unsure how to go about the defence bearing in mind what they have sent in relation to the OFT letter, in particular the lack of a/wrong statement . There is also the fact that approx £500 of the amount claimed is as a result of fees/charges. Any advice on how to approach defending this would be most welcome.
  17. Banking Error Gave Young Lady 4.6 Million Overdraft-What Would You Do? Could you be tempted to spend some. Lose your battle between the Devil telling you to get stuck in and go for it. Or the angel of reason telling you to go into the bank and say i think you have made a slight mistake. As you read this story and perhaps watch the video what is your brain telling you. Would you be planning to lash out,travel the world,take a chance. Where would you go or do,could you be tempted. Or plan to catch the bus or walk to town if no funds to tell them Oh dear what is this on my statement Mr Bank Manager. Have you made a mistake. Why am i seeing a gold plated computer in my head.And much more.Be gone devil. Christine Jia Xin Lee's explanation for her $4.6 million splurge The eye-watering shopping list of an accidental multimillionaire Student given $4.6 million in overdraft error may not have broken the law The simple Westpac error that allowed a Sydney student to overdraw $4.6 million and spend it on designer handbags and clothes has been revealed for the first time. The Link. http://www.smh.com.au/nsw/the-simple-westpac-banking-error-that-gave-christine-jia-xin-lee-46-million-20160520-gozv5q.html
  18. Hi all, first time poster but long time lurker and admirer! I am a former Bank worker (not Halifax) so know a little about complaints procedures but now need your help. For background - My partner was formerly in an abusive marriage. Her ex was emotionally, financially and physically controlling. All of this is documented in court papers and he is not allowed to see my partner's child and has no parental rights. During the course of the relationship, the two of them opened a joint bank account with Halifax (before he became completely abusive). My partner's debit card was at some point confiscated from her by him so she had no access to the account. During this time he attended a branch, obtained a form and forged my partner's signature in order to obtain a £2750 overdraft limit on the account without her knowledge. She had no knowledge of this overdraft (which he maxed out in really short order) until after the divorce proceedings had begun and he had had a restraining order placed on him. Halifax began sending chasers for payment to my partner. She put in a formal complaint which was rejected by Halifax and followed it up to the FOS which was also rejected. Naturally she wasn't best pleased attended the local Halifax branch where the Branch Manager managed to bring a copy of the document she had allegedly signed up on his screen and showed it to her. She then showed him several other documents with her signature on and he confirmed that it was clearly not the same signature or even close. He promised he would look into it and get back to her. Unfortunately he never did. After she chased him twice by email, he just stopped responding. My partner suffers from severe anxiety and depression as a result of the marriage so naturally thought this would be the end of it and simply put it to the back of her mind. This all happened before I met her. The current - Fast forward nearly two years with no correspondence from Halifax to March of this year. My partner received a letter from Halifax confirming that the account had gone past its OD limit and they were now expecting payment of the £86.54 arrears from her. We wrote a formal complaint email to the CEO and requested a DSAR so that we could have a copy of the signature. This was picked up by someone in the executive complaints team and we've been going back and forth with them requesting confirmation that my partner is not liable for the debt (as it was taken out fraudulently by her abusive ex) for the last 4-6 weeks until yesterday when we received what appears to be their final decision. they've completely ignored our request for a copy of the signature (although we are still due to receive the DSAR within the next 4 weeks), completely ignored any points we've made regarding the financial abuse, completely ignored everything - and now the account is being passed to collections, a default is to be registered against my partner and she has been issued with a formal demand for repayment as the account is "jointly and severally liable". As a former bank worker myself, I understand this point but surely this is invalid if we can prove that she did not sign for the OD? WHAT DO WE DO NOW?! I feel like we did the right thing by only corresponding via email/letter and emailing the CEO direct but I just feel like Halifax are completely steamrolling us and insisting she pay this debt. We've tried the local paper (and told Halifax we are contacting them) but so far nothing. Any advice you guys can give would be really appreciated
  19. http://www.smh.com.au/nsw/the-simple-westpac-banking-error-that-gave-christine-jia-xin-lee-46-million-20160520-gozv5q.html Unbelievable true story linked above, where an Aussie Bank provided a young Lady with an overdraft of over £2 million pounds. It only picked up the error, when she made 14 transactions on Paypal on one day. I suspect that if convicted in a court, she will end up in Prison, but this Bank will struggle to recover much of the loss. Nb. Sorry to those people who clicked on this thread thinking that a free £2 million overdraft was available:madgrin:
  20. Name of the Claimant ? Lowells Date of issue – . 06.05.16 Date to submit defence = 4pm Tuesday 7th june What is the claim for – 1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Lloyds under account reference XXXXXXXXXXXXXX ('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 26/08/2014 and notice given to the Defendant. Despite repeated requests for payment, the sum of £1,600.00 remains due and outstanding. And the Claimant claims a) The said sum of £1,600.00 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 £0.326, but limited to one year, being £130.00) c) Costs What is the value of the claim? £1,900 (including court fees) 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 2007 (2003) 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.lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not recall receiving any notification Did you receive a Default Notice from the original creditor? I do not recall receiving a default notice Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I do not recall receiving anything like this Why did you cease payments? As I had incurred excessive charges on the account and after my claim for the charges back was rejected due to the banks winning in the high courts I felt that I would never pay off the debt as when I was making monthly payments it did not seem to be decreasing. I felt they owed me money so stopped paying or responding to them. I believe I stopped in 2009 as that is when I sent my claim for the charges and they responded once they had won the case. What was the date of your last payment? I cannot recall but again I do not believe I made any payments after 2009 Was there a dispute with the original creditor that remains unresolved? As I above, I felt it was unresolved but they said it had been resolved in through the above mentioned case. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, they agreed on a monthly amount I could pay = £30 and £50 per month Help needed please... How should I proceed with this? I wish to defend all of the claim. Thanks To add, the account was opened in 2003 and I believe it could be statute barred as I do not recall making any payments in the last 6 years or acknowledging the debt in that time.
  21. Not to be confused with another case I have ongoing at the moment. Been trawling my Credit Reports regularly for some time now (only because they are 'free') and the only outstanding issue showing on them is an older Natwest account that Defaulted in late 2010. The default came about as I bailed out of the account with an O/D of about £2200 and the monthly charges were something like £28 + Interest. This was taking a significant chunk of my monthly earnings at the time and the Unfair Charges thing was ongoing. Now, the account is still shown as being with Natwest and I was expecting it to go Statute Barred before the end of 2016. However, as a result of fighting Cabot/Restons/Black Horse on a Statute Barred case I have been paying some more attention to the details. What I have seen is that at some time on 2013 the outstanding balance of the account went down by £39. I know I didnt make a payment to them or anybody else and not did I authorise anybody to do so on my behalf so where has this come from and what does it mean? Could this be an internal adjustment/refund/correction or would this be the value of the account that they sold? I 1/2 expect that they sold the debt for £39 (1.5%). Question is though, do I SAR them for a full copy of their records on me now or not? They dont know my most recent address which is important because the other case I am fighting has an element of 'address discrepancy' in it but as I dont recall receiving much on the account once it defaulted I dont really know how this one is being played yet. Chances are it is with a DCA already but they havent adjusted the account details with the CRAs yet so I have no idea if anybody is actively searching for me or not. I know Hillesden and Cabot have been nosing in my files but thats related to my other claim. If they have this account as well though then they do know where I am. What really bothers me though is that reduction of £39 and is this another 'Phantom Payment' or not? I guess a SAR should show that but does it then wake NatWest up to take another look at this account bearing in mind it is close to going Statute Barred (subject to where this £39 came from). As Cabot/Restons have already got one CCJ against me by using knowingly incorrect address details I would like a chance to try and kill that path off from them. Mind you, I dont see too many Cabot/Reston cases coming from NatWest so do their debts go elsewhere?
  22. Hello All Firstly thank for help in my other posts. Just to make things worst came back home and found claim form from bryan carter regarding lowell related to Lloyds. quick info: name of the claimant: lowell portfolio i ltd date of issue: 9th october 2015 particulars of claim: "the claimants claim is for the sum of xxx, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference xxxxxxxxxxxxxx and assigned to the claimant on xxxxxxxxxxx notice of which has been given to the defendant. the defendant failed to maintain contractual repayment under the terms of the agreement and default notice has been served which has not been complied with. and the claimant claims xxxxx the claimant also claims statutory interest persuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to maximum of one year a maximum of..." value of the claim : 1300 - current account/overdraft i did not received notice of assignment, notice of default sums, anything except demand of payment from time to time from different dca. before i came back home i posted letter to bryan carted with information that debt is staturatory barred under limitation act 1980. i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009 besides if oryginal entry regarding this account vanished from credit report it must be over 6 years am i correct? well cant check it atm because Lloyds account just vanished from my credit score and i got some document at work so will confirm that. what i should do next? acknowledge and fill out defence based on SB or proceed with defend in full like other people ? im bit confused...? thanks for help guys lowell claiming that account was defaulted in 2010.
  23. In 2008, I stopped using Barclays as my current account provider and it turns out I was overdrawn by £18. I stopped checking online backing, etc as I didn't realise that I still owed them money (my fault, I know). Long story short, I now overdrawn by £1063, made up almost entirely of overdraft charges. Where do I stand in getting these charges negated? I would be grateful for any advice. Thanks
  24. Hi all, please can someone advise? I opened a Nationwide current account in January 2009. I had an overdraft limit of £1000. By June of that year I was in financial difficulty and the overdraft went over it's limit. I think it went up to about -£2K. I've always been scared of confronting debts and did my usual burying my head in the sand. Nationwide closed the account and demanded repayment and I ignored it. Since then every so often I get letters from various DCAs demanding payment but I've ignored them. More recently a company called Redhill and latterly MKDP have written wanting me to set up a repayment plan, which I've chosen to ignore. This week MKDP wrote to me saying they've done searches with the CRAs and other databases and have reason to believe I'm still at my address and they are instructing their pre-legal dept to review the account blah blah, with a view to CCJ. Help!! What can I do? I'm a year off this being statute barred. Is there a way to delay things by putting it into dispute? The debt now stands at nearly £8K - mostly made up of charges put on by Nationwide before they sold it. How can I legally challenge this? If someone can point me in the direction of the letter I perhaps need to send to stop them in their tracks it would be much appreciated. Thanks in advance.
  25. Hi there I would really appreciate your help on your input on below matter. When I was in University I opened an account with Barclays Bank in 2003 and 2004. I had overdraft of £1250 which I could not pay. Barclays demanded money few times until 2008 - 2011 through DCA. I never received letter that my account was defaulted. My credit reports obtained in 2011,2014 and 2015 never show that my account with Barclays was defaulted. A month ago Lowell Group sent me letter and demanded money I owed to Barclays. I sent an email to Lowell with a standard letter I got from National Debt line Website saying that under Limitation Act 1980 Section 5 account is statute barred. Lowell asked sent me my date of birth for security reasons. I sent my DOB. Today they replied that "this account was defaulted on the 5th January 2011 and as such, this account is not statute barred. My question how it is possible when my credit report does not show default and it is defaulted since January 2011 and I have not received a default notice. I have not paid a single penny since 2008 to Barclays to the best of my knowledge. Could you please guide me how do I go about this as Lowell has given me 14 days to make arrangement to settle this account. My Thanks in advance.
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