Lowell/Carter claimform - HBOS Current AC OD 'debt'***Claim Discontinued***

[lee32uk]

Hi all

 

I have just received the following claim form from Lowell (Bryan carter) regarding an old bank account I had with HBOS:

 

Claimant name: Lowell portfolio ltd

 

Issue date: 18th June 2015

 

P.O.C:

 

The claimants claim is for the sum of £206.99, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant HBOS PLC under account reference 804xxxxxxxx257 and assigned to the claimant on 3/7/2013, notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

 

And the claimant claims £206.99

 

The claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 16.57

 

The total amount being claimed is £298.56.

 

First of all I want to say that I intend to defend this claim in full.

 

In July 2008 I received a letter from HBOS stating that I had gone overdrawn on my account. I was told that I would receive bank charges of £35 and a further charge of £28 for an unauthorised overdraft fee.

 

As I did not agree with these charges I wrote to them explaining that my account did not go overdrawn (According to the online banking system)

 

After a week or so I received a reply stating that as a gesture of goodwill they would agree to remove the charges in full.

 

The following month I received my new statement and the charges will still there

 

I did try to explain to them that I had a letter stating that the charges had been dropped, but I didn't get anywhere with them

 

This then spiralled into the above alleged debt which obviously I don't owe.

 

I did receive a default notice, although I can't find it at present.

I have the copy of the letter they sent me stating that all bank charges would be removed from my account.

 

As you can see this goes back almost 7 years. I take it this would not be statute barred ?

Does that apply to this ?

 

I would appreciate any help on submitting a defence or if there is anything else I should do.

 

If you need any more info then I will do my best to supply it.

 

thanks

 

Lee

[AndyOrch]

If you could read the following and respond by posting your answers here lee.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[lee32uk]

Hi andy thanks for the reply

 

1) Name of the Claimant ? - Lowell Portfolio LTD

2) Date of issue - 18 June 2015

3) What is the claim for – the reason they have issued the claim? -

 

1.The claimants claim is for the sum of £206.99, being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant HBOS PLC under account reference 804xxxxxxxx257

and assigned to the claimant on 3/7/2013, notice of which has been given to the defendant.

 

2.The defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has been served which has not been complied with.

 

3.And the claimant claims £206.99

 

4. the claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate of 8%

per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 16.57.

 

The total amount being claimed is £298.56.

 

4) What is the value of the claim? - £298.56

5) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - A standard Bank Account with no overdraft facility.

6) When did you enter into the original agreement before or after 2007? - I cannot give an accurate answer for this, as I have no paperwork for when the account was first opened.

7) Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. - It has been assigned to a debt collector

8) Were you aware the account had been assigned – did you receive a Notice of Assignment?

- I don't have a notice of assignment in my file, but it is possible that I may have lost/misplaced one.

 

9) Did you receive a Default Notice from the original creditor? - Yes, but again I don't have it to hand.

 

10) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of

11) Why did you cease payments? - I haven't made any payments as the Bank agreed to remove the Bank charges.

12) What was the date of your last payment? - See above.

 

13) Was there a dispute with the original creditor that remains unresolved? - Yes

14) Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? - No

 

To expand on points 11 and 12

- The Bank in question (HBOS) added bank charges to my account in July 2008.

When I queried the charges they eventually agreed that they would be removed as a gesture of goodwill.

I have this in writing as proof.

 

When I received my statement the following month the charges were still there.

This has since spiralled into the above 'debt'.

As they agreed to remove the charges then obviously I haven't paid them anything.

 

A few more questions that I have:

 

Is it worth Me phoning Lowell and stating to them that I have proof that I don't owe the money, as HBOS agreed to refund the charges ?

 

Can I stop this going to a Court hearing ?

 

Should I be asking them for proof of the so called debt ? i.e. When it first dates back to ?

 

Does the limitations act apply (Statute barred) ?

 

Anything else I should do ?

 

Regards

 

 

Lee

[dx100uk]

no don't phone lowells/carter

 

 

if indeed the debt is statute barred that will kill the claim dead

when you file the SB defence

 

 

you can send carter a CPR 31:14 [current account version from the legal section of the library tab top left

 

 

ack the claim defend all

leave juris unticked

 

 

dx

[lee32uk]

Thanks for the reply dx

 

 

Should I send the version for a Current Account ?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

 

Or this version ?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

 

I am not 100% sure what type of bank account I had with HBOS.

 

 

 

 

Also how do I go about filling in the defence ? Do I just word it that I don't owe the amount in question due to the Bank agreeing to refund me the charges ?

 

 

Also when I send the claim form back to the Court, and the cpr request to Bryan Carter what happens then ? Will the Court claim be put on hold until I receive info back from Bryan Carters ?

 

 

Sorry for all the questions but this is all new to Me.

 

 

 

 

Regards

 

 

Lee

[dx100uk]

as said in my last post the current account version of the CPR.

 

 

you don't send the claimform to anyone

 

 

go up on MCOL website and ack the claim [AOS]

defend all

leave juris unticked.

 

 

comeback when you've done that.

[lee32uk]

Thanks dx

 

 

Ok I have just Acknowledged the claim on MCOL.

 

 

So the next step is to send the CPR and take it from there ?

 

 

 

 

cheers

 

 

Lee

[dx100uk]

can you 100% guarantee it IS statute Barred

6 yrs from last financial transaction in or out by the named defendant?

 

 

and that since that date the named claimant has never written and signed a letter concerning the debt set to anyone?

 

 

dx

[lee32uk]

Hi dx

 

This dates back to July 2008 so I am pretty certain that it will be statute barred. I will try and give you a brief summary of events.

 

I first received a letter from HBOS dated 5th July 2008 stating that I had gone over my agreed overdraft limit.

 

 

The letter states that I would be charged £35 on 20th July 2008.

It also says that as I had gone over the agreed limit I would also be charged a monthly unauthorised overdraft charge of £28 which would be taken on 30th August 2008.

 

As soon as I received this letter I stopped using the account, and wrote to HBOS explaining that their online banking system had shown my account to be in credit.

I asked that they reverse the charges.

 

A week or so later I received a reply from HBOS, and they stated that as a gesture of goodwill they would remove all the charges (£63 in total).

I have this letter in my possession.

 

When I received my statement the following month the charges had not been removed. This has then spiralled into the Court claim by Lowell for £298.56.

 

I have not made any payment to HBOS or Lowell.

The account has not been used since I went overdrawn, and it is now long since closed.

 

The only letters I have had from Lowell as far as i can remember are the usual ones asking for payment.

I have not made any correspondence with them.

The only time I made contact was with HBOS back in 2008.

 

Regards

 

Lee

[dx100uk]

then go file the SB defence now

 

 

no need to wait.

 

 

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.

.

.

[lee32uk]

Thanks again dx.

 

 

I have just been on MCOL and submitted the above defence. I take it that I no longer need to send the cpr request ?

 

 

What happens now, do I just sit back and wait for a response ?

 

 

 

 

Many thanks

 

 

Lee

[dx100uk]

yep

you should get an ack of your defence filing

 

 

you can do a CPR

but SB defence is absolute

 

 

wont harm though.

 

 

dx

[lee32uk]

Just a quick update.

 

 

My defence was received by MCOL on 22/6/2015 at 8am. I have not heard anything from the Court or from Carters/Lowell.

 

 

I am guessing there is a time limit for Carters if they wish to go ahead with the claim ?

[AndyOrch]

No...... the claim will become stayed if no response after 28 days...but they can the revive the claim in the future.

 

Regards

 

Andy

[lee32uk]

Ah right ok, thanks for the clarification Andy.

[lee32uk]

Ok so I have just received a letter from Bryan Carter this morning and it says the following:

 

We are writing to formally confirm our client's intention to proceed with this matter.

 

We will send notification to the court shortly

but before we do so our client is prepared to enter into negotiations to try and achieve a solution

whereby both parties avoid further costs and expenses, and if necessary to mediate.

The court encourages this type of negotiation between the parties.

 

Please contact our helpful team on (tel no) to discuss how we can come to an arrangement by consent.

 

I am quite surprised that they are prepared to carry on given the fact that it is statute barred.

 

Is it worth writing to them to explain that not only is it statute barred,

but that I also have written evidence from HBOS that the charges were to be refunded to me

, and so this alleged debt should therefore not exist in the first place ?

 

Or should I just let them proceed ?

 

Thanks

 

 

Lee

[dx100uk]

if they do proceed

begging letter from carter

if you care to read around

quite usual

before he has to prob discontinue before it costs him more money

 

 

dx

[lee32uk]

Hi dx

 

I had a slight inkling that it was a bit of a begging letter as they mention negotiations.

If they were confident of winning then I assume they wouldn't word the letter as such.

 

I will do a bit more reading on here and the net.

 

I guess there is no need to write back to them if I don't intend to negotiate ?

 

Regards

 

Lee

[dx100uk]

you don't write back anyway

the matter is in the hands of the court

they direct what you do

not some fleecing fake/tame solicitor that automatically issues

speculative claimforms in the hope of a non defended default rubber stamped judgement.

 

 

dx

[lee32uk]

I have now received a Notice of Proposed Allocation to the Small Claims Track and the N180 questionnaire form.

 

Do I need to send a photocopy of the completed N180 to Lowell as well ? As it says serve copies on all other parties.

 

What happens after I send the form back ? Does this mean they are definitely taking it all the way ?

 

Thanks

 

Lee

[dx100uk]

no it doesn't mean it IS going to court

 

 

if you read a few carter claim threads

again you'll see this is std practice.

[lee32uk]

Ok thanks dx

 

 

So just to clarify things, once I have completed the N180 questionnaire form I send a photocopy to Lowell ? And the original back to the Court ?

 

 

Also will it harm things if I say no to mediation ? I would much rather explain face to face than over a telephone (if it goes to a hearing).

 

 

Thanks for the help

 

 

Lee

[Old Cogger]

always show willing to mediation, generally all the mediator ask have you received the documents from claimant if as in most cases you have not, if No they well say to you that the claimants failure has stopped mediation and they will refer back to court.

 

read other lowells threads etc you will see it is their method to mess you about etc

[lee32uk]

Hi Mike

 

 

I will tick yes to mediation then.

 

 

I am not waiting for any documents from Lowell as this claim is just bank charges that the Bank agreed to refund to me but never actually did. I have proof in writing from HBOS to confirm the refund. Apart from that it is also Statute barred (Goes back to 2008).

 

 

I have read a few other threads and also threads on other forums and I have seen that they tend to discontinue a lot. Even if it does end up at court I fancy my chances

 

 

Thanks

[AndyOrch]

Hi Mike

 

 

I will tick yes to mediation then.

 

 

I am not waiting for any documents from Lowell as this claim is just bank charges that the Bank agreed to refund to me but never actually did. I have proof in writing from HBOS to confirm the refund. Apart from that it is also Statute barred (Goes back to 2008).

 

 

I have read a few other threads and also threads on other forums and I have seen that they tend to discontinue a lot. Even if it does end up at court I fancy my chances

 

 

Thanks

 

In that case say no to mediation....pointless if its statute barred