I reside in Northern Ireland and am looking for some insights on the following.
In November 2007, we took out a £65,000 secured overdraft, agreement signed in February 2008. This was a one year Agreement.
We requested a further increase on this in June 2008 but were declined until we repaid the above when they would review our account.
We repaid in July 2008 (in full, as per our Agreement) and sometime in October 2008 my husband remarked that they had obviously extended our overdraft.
In June 2009 we met with our bank manager to discuss repayment. We explained our difficulties and it as left at that.
We kept in touch via email updating her.
In January 2010 our overdraft was abruptly stopped and we were hit with major bank charges which actually caused the overdraft exceeding its limit.
We received a letter that they needed us to repay immediately.
We called our branch manager re bank charges etc and she informed us that they had just become aware that they had extended an unauthorised unsecured overdraft.
For a period our account was frozen and my own account was then subject to penalties previously never applied, a cheque for £64.00 was returned despite being covered by a cheque guarantee card and funds being in the account.
We offered a repayment schedule (unacceptable) and a promisory of paying balance when property was sold (unacceptable).
June 2010 Letter from solicitors - we reply reiterating our proposals
July, August, - nothing (we were told by CCCS a court date could take 3/4 months)
In July I lodged a complaint with Financial Ombudsman citing undue care and diligence by Bank and whilst we do not dispute liabilities they should bear some responsibility for their error.
Letter from their Customer Care in September stated whilst they admitted their error the responsiibility was with us and state that the account was been managed by Asset Recovery Unit.
Sept 17th (day after letter) a Custody Warrant stated that Court had been held on 9th August and a CCJ recorded.
October 7th OCL issued and registered.
We have of course put a stay on proceedings, informed F.O. and are now trying to hire solicitors via Legal Aid (so as to not to incur further debt)
Creditors Solicitors state that a letter and Special Writ of Summons was sent to us at the correct address on 2nd July. We did not receive it as we would have most definitely lodged a defence but apparently this is not reason to overturn as summons is taken as served once put in a envelope and posted?
Again, they said that they sent a letter on 11th August informing us of judgement. 100% not received either.
It is indeed strange that two separate pieces of pertinent mail have gone missing but I am prepared to go on Oath to swear that they never arrived with me however Oath taking absolutely pointless, I believe I n the past we responded (at length) to any correspondence re this debt.
Have I got a case. I do know that High Court Debt Proceedings are merely paper signing and the majority of cases go undefended but surely the 1% of us must have the right to do so?
I really need some help on this beginning to despair as many views but no replies. The tiniest bit of direction would be appreciated.