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Court claim from Lowells for Lloyds overdraft

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I genuinely didn't recall that (it was 7 years ago!) so I've just dug through the old file I kept the court papers in and found a copy of the agreement. I did indeed agree to pay £10/month back in April 2008. I'm still trying to find the old bank statements so I can see the last time anything was actually paid.

 

 

OK, digging through statements is just about complete. It appears I was at least attempting to pay the £10s as per the agreement, with the last payment at the start of January 2009 (and it was an odd amount, which would account for the quite specific amount left overdrawn - it also ties in with what the overdraft limit would have been with the monthly £10 reductions). I can't find any record of anything in or out after that date, which would tie in roughly with when the case for reclaiming charges was stayed (September '08 - few months in it).

 

I might struggle to say it was all charges though, because money was moved back and forth between joint and current up until the point where I abandoned the account (which would be, now it seems, January '09).

 

no worries

q re statute bar then, when does it run from;

if from last payment (you say was 1/09) - barred

if from expiry of enforcement/calling in notice (my view re current a/c's generally, depending on the circs) - not barred if notice was 09/09 as you said. they'll need to show that.

your charges claim issue date wld be n/a anyway given either of the above being applicable.

 

see what the guys say though :)


IMO

:-):rant:

 

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I think it could be argued upon why they took 8mts to call it in?

 

 

and ofcourse they'd have to produce the calling in notice .

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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yes, sometimes before calling in an account they send a request for payment to bring an a/c back in credit or within the o/d limit. so, maybe bar cld run from such notice if applicable.

also the variation arrangement to pay, was that separate from the account.


IMO

:-):rant:

 

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It was paid into the account - they reduced the overdraft limit by £10 each month.

 

 

That's how I got caught out - put the £10 in a few days late and they dropped on £75 of charges for going over the agreed limit,

which then put it over the following month as the charges came out...

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if the whole a/c and o/d was subject to this variation arrangement, then bar cld poss run from around after the first missed agreed payment (no payments therafter). tricky.

wait, see what the guys say.


IMO

:-):rant:

 

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Any fresh advice with today being the day to submit the defence?

 

I'm still unsure if I can claim it is statute barred, but I'm currently scouring the forums for ideas on how to argue the "primarily charges" line too.

 

Just to add, I do still have copies (printed from online) of all the statements showing over £2,000 in charges applied to the account (with about £250 of it being during the time the agreement to pay was in place).

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urm ideally you should have filed 4pm Friday.

 

 

so two choice

 

 

either file the sb defence.

 

 

E&W

....

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

 

 

or

 

 

Heres a more detailed version of an overdraft defence...obviously you would have to edit to suit your particulars....

.

 

1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the original creditor Lloydsicon TSB Bank.

.

2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

.

3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed 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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

.

4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

.

5. The claimant is denied from added section 69 interesticon within the total claimed that as yet to be decided at the courts discretion.

.

6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

The claimant is also put to strict proof to:-.

.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

.

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 4 March 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

.

..............

 

or

Particulars of Claim

1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.

2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.

3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

 

The Claimant claims:

The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54

Costs

Defence

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.

2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974

Any alleged amount claimed could only consist in the main 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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

Regards

Andy

 

 

old defence for od by andyorch

 

 

they will need adapting to YOUR SITUATION and the claimant POC

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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if the whole a/c and o/d was subject to this variation arrangement, then bar cld poss run from around after the first missed agreed payment (no payments therafter). tricky.

wait, see what the guys say.

 

Anyone able to advise whether the 6 years would run from the last payment/first missed payment (which would be more than 6 years), or when they got around to defaulting it (in which case it isn't)?

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What date was the last payment and when did they issue the default?

 

The date does not run from the date of last payment as at that time you hadn't defaulted.


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

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:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Any defence that falls on a weekend should ideally be submitted on a Friday....MCOL do not process over the weekend so any defence submitted today will be received Monday 29th June.

 

Regards

 

Andy


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What date was the last payment and when did they issue the default?

 

The date does not run from the date of last payment as at that time you hadn't defaulted.

 

Last payment (and last transaction on the account other than charges) was January 2009, first missed February 2009. Default was February 2010.

 

As far as submitting today goes, I'd assumed it'd be accepted as today with it being online. Guess it was just a dirty trick to steal two days from me. Hopefully it won't cause me any problems. :(

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Last payment (and last transaction on the account other than charges) was January 2009, first missed February 2009. Default was February 2010.

 

As far as submitting today goes, I'd assumed it'd be accepted as today with it being online. Guess it was just a dirty trick to steal two days from me. Hopefully it won't cause me any problems. :(

 

 

as per my prev posts, if the whole was subject to this new varied agreement to pay x/mth then maybe a shout for bar. but, wld need to show in rebuttal.

otherwise it wld be re a normal o/d agreement, and when wld run re that. usually a request is made for a certain payment to be made when over the o/d limit to bring it back in limit. were you over the o/d limit, or is the claim re those agreed payments, or re cl? imo, in ordinary circs cld run from expiry of that notice. although an account/o/d agreement usually requires regular payments....?

so, re that, it depends what type of agreement was in place.

 

hopefully shld be ok submitting today.


IMO

:-):rant:

 

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ps, have a look at their current a/c terms. may give an idea re payments/ending etc


IMO

:-):rant:

 

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Not heard anything from the courts yet, but I've had a letter from bw saying I'm behind on paying a ccj. Nothing on the credit file. Are they really willing to pretend the court doesn't exist and make up their own judgements, or should I be chasing this up to find out if they know something I don't!

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have they obtained judgment? as you missed the deadline.

give the court a ring first thing tomorrow to double check.


IMO

:-):rant:

 

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MCOL have confirmed that it's been stayed at the start of the month after the other side didn't respond to my defence. Just a waiting game now then, I guess.

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odd then that they say that they have a judgment. if they continue saying that then maybe a complaint re misleading statement trying to get you to pay?

 

yes, 'waiting game', is stayed,


IMO

:-):rant:

 

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