Claimform - old Co-Op Cash Minder Account 'debt/'Lowell/BC***Struck Out***

[nefikan]

I have found out however that the overdraft is made up of several small transactions, all to the same PDL company.

 

In other words, once the initial payment was made which took the account over drawn,

Co-op continued to authorise payments to the same company (some of them were just for £10)

even though the account was already overdrawn.

 

When I held that card, I couldn't even make a payment for £1 without it being authorised by the bank.

 

 

Indeed, I could never use any pay at pump machines at petrol stations for the same reason, the exact amount had to be authorised.

 

 

How could they continue to make payments from my account when it was overdrawn?

[dx100uk]

continuous payment authority

you gave the PDL company your card number I bet.

 

 

dx

[nefikan]

dx

 

Earlier on this thread you stated...

"if there was any credit even if by 1p it would have been honoured"

 

Here, when the first transaction was honoured there was more than 1p in, and the payment of £15 was honoured. At which point the account was then £14.21 overdrawn.

 

However even after this payments continued:

£28.60

£23.40

£92.00

£25.80

£3.00

£73.10

£3.00

£67.10

 

This means they carried on hounouring payments even after it was already over drawn.

 

The amounts are strange though - maybe the PDL has some automated system that keeps trying various amounts until they manage to get authorisation. Maybe authorisation systems were down?

 

This was a Visa Electron card though and all transactions needed to be authorised.

 

 

I need to submit documents today as it's the deadline. If I have no defence and no chance then please, tell me that and I'll make an offer of payment to try and stop this going to court as I really don't want a CCJ.

 

If I do go to court, are the claimant solicitors likely to make the 250 mile journey to my local court?

[nefikan]

I've managed to answer the second question, the claimant has stated in their witness statement they will not be attending.

 

They have also not mentioned continuous payment authority in their statement at all.

[nefikan]

For anyone that is interested, I attended court yesterday and the claim was struck out.

 

This was based on lack of evidence and the fact that the claimant (Lowell) hadn't (couldn't) produce a copy of any credit agreement which they won't be able to do as it's a basic bank account.

 

The judge said it will probably be the end of the matter, fingers crossed.

[BankFodder]

Very good. Did you ask for any travel costs? You could have done.

[nefikan]

I wasn't asked if I wanted to make a counter claim. To be fair it was in my local court so only 2 miles from home.

 

I was more miffed about having to take a day off work!

[BankFodder]

You could have asked the judge for a payment for a day off work. A shame you didn't.

[AndyOrch]

Excellent another Lowell claim hits the deck

 

Well done nefikan ...thread title amended to reflect the outcome.

 

Regards

 

Andy