Lowell/carter claimform - old LLOyds OD 'debt'

[Guest]

typical, them sending theirs at the last minute! giving no/little time for any ws in respect of. you can still dispute what they say at hearing as sham says, you have mentioned issues in yours.

[RhYnoECfnW]

Can anyone give me any advice for Friday? Very worried about it all now.

 

My midwife said I should contact the court to ask if they can postpone it til after the baby is born (due 14th Jan)

but they said I would need to write to the claimant, and there's not enough time now.

 

So, how should I prepare for this?

 

Also, should I go on to lose, how do they calculate how much I have to pay back each month?

On reduced income now as I'm on Statutory Maternity Pay for the next few months or so, with Tax Credits to support that.

 

There's very little left over after essentials are all paid for.

 

Sorry if these questions are a little naive, but as I've said many times on here,

I'm way out of my depth with this!

[fkofilee]

Post reported. Dont be alarmed, its to help you.

 

The court would do it based upon your IandE, they wont leave you with in the dark.

[citizenB]

It would be in your interest to take with you an updated Income and Expenditure form showing your budget now you are on maternity leave. (take a couple of copies as well so you can give one to the claimant's solicitor and the Judge - but they would only need to see this IF you were to lose) ... If you were to lose and they make a forthwith judgment (payment in full) then you will be able to ask for an instalment plan - if they don't deal with it there and then you would then need to complete a form asking for payment to be made in instalments.

[citizenB]

Budget sheet that you can complete...

 

[ATTACH]60491[/ATTACH]

[dx100uk]

On the 15th September I received a letter saying that the Small Claims Mediation Team

has been unable to secure a mediation appointment

and that the claim had been referred to a procedural judge

who will give case management directions.

 

 

Now today I have received a Notice of Trial Date (11th December).

 

 

What should I expect now?

I have a list of charges from Lloyds, and they total £2464 in unplanned overdraft fees

(with another £303.93 in overdraft interest) plus £140 in returned Direct Debit charges.

 

 

Just the overdraft charges alone would actually clear the balance and then some.

 

 

Will this be taken into account in court?

Could really do without all this stress at the moment

- I'm having a baby on the 14th of January,

and the worrying is unbearable.

 

 

re the above

 

 

I would most certainly not be giving in with regard to the info above USE IT to your advantage.!!

[dx100uk]

can you also upload the statements please

 

 

dx

[RhYnoECfnW]

Am I able to use this info in court though? Thought I needed to submit the relevant statements as evidence beforehand? Also, what statements would you like me to upload?

[Guest]

Can anyone give me any advice for Friday? Very worried about it all now.

 

My midwife said I should contact the court to ask if they can postpone it til after the baby is born (due 14th Jan)

but they said I would need to write to the claimant, and there's not enough time now.

 

!

i think an agreed 'stay' with the claimants written agreement is for a month with a view to settlement, if requested at the directions q stage.

whether it could be done outside of that without a formal application?

 

otherwise, a formal court application with fee (unless any fee remission), for a stay or adjournment under the courts general management,

may be required. whether that (or anything) could still be done in time (all tomorrow) as urgent given your imminent arrival?

[dx100uk]

Also, what statements would you like me to upload?

 

 

what you say carter sent with the DQ?

 

 

re post 124

 

 

dx

[Guest]

Can anyone give me any advice for Friday? Very worried about it all now.

 

!

 

they might approach you on the day before the hearing, for a 'chat' to settle. up to you.

 

otherwise, in court (a room, sitting across a table from each other with the judge in the middle),

 

 

stick to yr defence/statement, and when required rebut what they say.

 

if there is judgment against you, and it cant be paid in full,

you can ask for an instalment order subject to yr means.

a further application may be needed.

 

if on the day, you do need an adjournment re your pregnancy circumstances,

you can ask the claimant and then J to agree,

 

 

provided no costs for adjourning.

 

 

(claimant might/prob will object if they have sent someone at cost,

and then need to send someone again at cost (it being small claims).

is the J's decision though.

 

 

make sure no costs against if doing so.

otherwise try and continue on the day)

[dx100uk]

forget the statements

real shame you started paying them £1PCM in nov 2010

 

 

this would have been statute barred by now if you'd held your nerve and not paid them from

the oct 2009 date...:frusty:

[citizenB]

Might it not just be better to get it all over and done with on Friday rather than attempting to delay ! You will probably still have attendance problems after the baby is born - someone to look after your little one, etc ?

 

At least the Judge will see you are very close to term and can see that you are not in a position to work !

[RhYnoECfnW]

Ok, thanks everyone. Would definitely rather just get it out of the way, win or lose.

 

 

F eel terribly stupid for paying them anything, though I still feel it's shocking that they can potentially get away with not providing the agreement that they keep referring to.

 

there's absolutely no way I can afford to pay in full if I lose, so hopefully they will see that.

[AndyOrch]

At most you will have 30 mins to present your defence and argue your points RhYnoECfnW...this is the only chance you will ever have....so take advantage.

 

You state ...

 

"I have a list of charges from Lloyds, and they total £2464 in unplanned overdraft fees (with another £303.93 in overdraft interest) plus £140 in returned direct debiticon charges.

Just the overdraft charges alone would actually clear the balance and then some."

 

The claimant has failed to evidence any of its points contended within its witness statement...apart from a notice of assignment...failed to quantify /substantiate the debt at all.

 

As far as they are concerned and will lead the court to believe you have spent this alleged debt by overdrawing on the current account.

 

Only you can state that any alleged debt was created by the original creditor and not connected at all to any alleged indebtedness the claimant portrays to the court.

 

At point 13 they state that you have failed to particularise your alleged disputed amounts...so take your statement and total and show the court how the creditor acted unreasonably and profited from these punitive charges...which caused an unfair relationship which made the account untenable to manage.

 

As stated its your only 30 mins to have your say......either argue your case or be prepared to pay this judgment for the next 10 years ..a debt that you did not create.

 

Regards

 

Andy

[Guest]

Ok, thanks everyone. Would definitely rather just get it out of the way, win or lose. Feel terribly stupid for paying them anything, though I still feel it's shocking that they can potentially get away with not providing the agreement that they keep referring to. Anyway, there's absolutely no way I can afford to pay in full if I lose, so hopefully they will see that.

 

as you say, might as well now. it wont be long, and is not as daunting as seems. just everyone sitting around a table.

 

as andy points, stick to yr guns, its all (unfair/unreasonable) charges. if you do negotiate beforehand, take that into account

[RhYnoECfnW]

I've been writing down roughly what I want to say tomorrow.

 

 

Would somebody be able to quickly look through this please?

 

 

And let me know if there's any points on there that I definitely shouldn't be making,

or anything I've left out that I should be mentioning?

 

 

Thanks.

 

First of all,

they claim that I had an agreement with Lloyds and that I breached the terms and conditions of that agreement

by failing to pay the supposed minimum monthly repayments.

 

 

However, they have not provided a copy of this agreement, or these terms and conditions that they say I have breached.

Nor have they provided a copy of the default notice.

 

 

I had an overdraft facility with the bank, but the ‘balance’ of the account is not me overspending on the account,

but it is entirely made up of charges.

They also claim that I have not particularised the charges, but as I did not have a copy of them until recently, I was not able to.

 

 

Between the 2nd of May 2007 and the 1st of June 2010,

I was charged a total of £2464 in unplanned overdraft charges,

resulting in £303.93 of overdraft interest,

as well as £140 in returned Direct Debit fees.

The overdraft charges alone would more than clear the supposed balance of the account.

 

 

As you can see, and I have with me each statement where one of these charges were made to my account,

the charges were unreasonable, and which Lloyds were clearly making a profit from.

 

 

In some months (November AND December 2009) I was charged £215 each month,

and there are several other months where I was charged between £140-£165 a month.

 

 

The level and frequency of these unfair charges pushed my account further into debt,

wiping out a large amount of my wages and made the account impossible to manage.

[AndyOrch]

I've been writing down roughly what I want to say tomorrow.

 

 

Would somebody be able to quickly look through this please?

 

 

And let me know if there's any points on there that I definitely shouldn't be making,

or anything I've left out that I should be mentioning?

 

 

Thanks.

 

First of all,

they claim that I had an agreement with Lloyds and that I breached the terms and conditions of that agreement by failing to pay the supposed minimum monthly repayments.

 

Not an agreement you had a facility to overdraw...there are no repayments...only deposits

 

 

However, they have not provided a copy of this agreement,Overdraft Facility or these terms and conditions that they say I have breached. Then they are in breach of not complying with your legal request pursuant to section 61B of The consumer credit Act

 

Nor have they provided a copy of the default notice. Not a default notice....Notice served under Sections 76(1) and 98(1) of the CCA1974

 

 

I had an overdraft facility with the bank, but the ‘balance’ of the account is not me overspending on the account,but it is entirely consists of charges.

 

They also claim that I have not particularised the charges, but as I did not have a copy of them until recently, I was not able to.You are now so you should take your spread sheet

 

 

Between the 2nd of May 2007 and the 1st of June 2010, I was charged a total of £2464 in unplanned overdraft charges, resulting in £303.93 of overdraft interest, as well as £140 in returned Direct Debit fees.

 

The overdraft charges alone would more than clear the supposed balance of the account.A balance that is not your debt but created by the bank itself

 

 

As you can see, and I have with me each statement where one of these charges were made to my account, the charges were unreasonable, and which Lloyds were clearly making a profit from.

 

In some months (November AND December 2009) I was charged £215 each month, and there are several other months where I was charged between £140-£165 a month.

 

The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). Such charges are punitive and unfair in their entirety.......which made the servicing of the account untenable....creating an Unfair Relationship pursuant to section 140 a/b of the CCA1974

 

The level and frequency of these unfair charges pushed my account further into debt,

wiping out a large amount of my wages and made the account impossible to manage.

 

Regards

 

Andy

[RhYnoECfnW]

Thanks for that Andy, will make sure I get all of that in. Thanks to all of you for your help on here, will let you know how I get on.

[AndyOrch]

Best of luck for today RhYnoECfnW..please update your thread irrespective of the outcome...this will assist others reading your thread.

 

Regards

 

Andy

[RhYnoECfnW]

Lost. Judge said the defence had no legal basis and that bank charges were not subject to assessments of fairness as 'a court already decided they were fair years ago'. Also criticised me for getting legal advice from 'unknown people on the internet'. Need to find £3000 now. Thanks anyway.

[AndyOrch]

Sorry to hear this RhYnoECfnW...sounds like you had a DCA loving DJ...not concerned with any fairness or justification and just wanted you in and out of his court.The fact is...whether you had defended or not...once that claim form hits the door mat...you can do either one of two action....role over and let them have their judgment...or challenge it and have your say.

 

Believe me defending claim puts great stress on the claimant and causes them to incur costs...those costs eat away at their investment (your debt) and therefore their purchase becomes less profitable.

 

Another day another DJ may have put them to proof to justify their claim...thats the way it roles and we cannot prepare for this scenario.

 

With regards to payment ...download the N245 from our legal Library and make a monthly offer of payment..you will have to complete the I&E and propose a genuine affordable monthly figure.

The fee is £50 unless you are exempt.

 

Regards

 

Andy

 

Far better to have tried to defend than not to have even bothered.

[RhYnoECfnW]

Was told at the end that they'd write to the claimant with the results of today (as they didn't attend) and that it'll be up to them what to do next. Judge had the cheek to ask if I had that amount stashed away somewhere.

[fkofilee]

I am so sorry to hear you lost. Such a shame as in my view though there was a legal decision, it is clear that it was an unfair one when used in this case.

These charges where ;levied against you unfairly.

[RhYnoECfnW]

The Judge kept saying that the overdraft wasn't entirely made up of charges, and that at least some of it MUST have been my overspending. Wasn't interested in seeing the spreadsheet of charges I'd compiled. So upset and disappointed.