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