Lowell/Carter Claimform - old lloyds OD poss SB'd***Claim Struck Out***

[coleman72]

Hi all,

 

i have just received a court claim letter requesting payment for what appears to be an old overdraft for just over 500.00 pounds.

 

As far as aware i requested the account to be closed approx 6 to 7 years ago.

 

Do not recall having letters from lloyds bank, only letters and phone calls from dcas.

 

Can overdrafts be statue barred???

 

If so how can i find out??

 

No payment has been made to account for years.

 

Also got letter from carters saying court letter will come

and to call them to discuss?

Are they bluffing?

Any help advise please.

 

many thanks

[unclebulgaria67]

Hi all, i have just received a court claim letter requesting payment for what appears to be an old overdraft for just over 500.00 pounds. As far as aware i requested the account to be closed approx 6 to 7 years ago. Do not recall having letters from lloyds bank, only letters and phone calls from dcas. Can overdrafts be statue barred??? If so how can i find out?? No payment has been made to account for years. Also got letter from carters saying court letter will come and to call them to discuss? Are they bluffing? Any help advise please.

 

many thanks

 

Not bluffing, if you have received a court claim issued by county court.

 

Can be statute barred. You would need to check with the Bank concerned, when they received a last payment from you and when the account went into default.

 

If you check your credit record and this debt is not on there, it is a good indication it is statute barred.

 

Will ask site team to move to legal.

[obiter dictum]

The question to be asked is when did the bank termnate banking services before deciding on a statute barred date

 

They would not close an account with a balance outstanding

[dx100uk]

sorry HAVE you received a claimform [blue thing?]

 

 

if so fill this out:

 

 

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

[coleman72]

Thanks for replys.

 

 

May sound silly but if moved to legal where will i find tnread??

Where is legal thread?

 

 

As to when bank terminate, not sure.

 

 

Only had letters off diffrent dca over the years.

 

 

Court letter says assigned to claimant in june 2014?

 

 

Take it thats when lowells took it on?.

[coleman72]

Hi dx 100uk. When you say blue form, not sure what you mean. It is a letter from county court business centre northampton??

[obiter dictum]

Yes

 

That will be the Blue N1 claim form

[dx100uk]

Scan to PDF by upload

 

Let's see it please

[coleman72]

Hi dx 100uk and obiter.

Yes it is the n1 form.

 

Think what confused was the blue thing, was thinking letter should be blue!!

 

Dx 100uk can try and up load but not good with computors but will try.

 

May take me a day to work it out.

 

Will check my credit file to see if its on there.

 

Also what is best way to do acknowledgment of service, on line or post? Sorry if this sounds silly.

[obiter dictum]

You will have a password on that blue form to acknowledge on line

[unclebulgaria67]

Also what is best way to do acknowledgment of service, on line or post? Sorry if this sounds silly.

 

Do it onlne.

 

Re statute barred status of account, you are going to feel nervous about contacting Lloyds, but it will be the quickest way of finding out the date the account was treated as being in default. If you have the sort code and account number, plus other basic details, you should be able to get the information from Lloyds customer services helplne. I would not rely on Lowell or Bryan Carters providing you with correct information.

[coleman72]

Hi unclebulgaria67 many many thanks for reply, also to others.

 

 

Will feel nervous calling lloyds!!

 

 

Will do the court acknowledgment on line,

then hopefully will have email reply from them to confirm.

 

 

Am going to check exprian in bit when have time to see if its showing on my credit file.

 

 

Will default date show on credit file?

[unclebulgaria67]

Hi unclebulgaria67 many many thanks for reply, also to others. Will feel nervous calling lloyds!! Will do the court acknowledgment on line,then hopefully will have email reply from them to confirm. Am going to check exprian in bit when have time to see if its showing on my credit file. Will default date show on credit file?

 

Yes the debt should be on record if within 6 years, but if not showing does not mean statute barred. Lloyds may have forgotten to add it.

[dx100uk]

can out fill that link out in post 4 please

[coleman72]

can out fill that link out in post 4 please

Hi dx 100uk. Hope not sounding silly, but do u mean download attahment from link in post 4?

[dx100uk]

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

 

 

goto the above link

 

 

copy and paste the questions in to a msg box here

then answer the questions

[obiter dictum]

I am concerned as this is a bank account and overdraft. A sort of runnng credit account.

 

You cannot rely on the last missed payment on this one, it will be the recorded default date and the statute of limitations

[coleman72]

Hi dx 100uk, understand now, put questions and answears here!

Sorry for sounding silly, am looking after mother in law who is ill and trying to do this but in private.

 

Will do this when on laptop not tablet.

 

Obiter, yes need to find default date.

Account was opended in approx late 2006,

but no money paid in and not used since 2007/2008.

 

Trying to get credit report from noddle but seems to be not working!

Will try experians 30 day free trail.

Are experian o.k to use?

Will checking my credit file have any chain reactions,

like companies or any other debts being notified?

 

well just tried joining Experian, and will not accept visa debit cards!!!!

 

will try calling Lloyds in the morning and see if they can help with default date.

 

I take it when you do the acknowledgment of service on line, you can do THAT only,

and then do defence and counterclaim or admission etc a bit later???

 

 

is that right??

[ericsbrother]

acknowledge and you get more time to file defence. Total of 28 days pluse posage time rather than 14 days

[coleman72]

thanks for reply. now having internet probs with laptop now!!!! will update later if can, or may have to wait till morning.

[dx100uk]

Fill that link out please

 

Dx

[coleman72]

hi dx 100uk and others.

 

 

would do the link but have been in garage and shed and found some old paperwork relating to this overdraft

and it looks like the account was in use in middle of 2010,

 

 

I must have deposited some money into it.

looks like this will be paid now, as not 6 years old.

 

 

many thanks for everyones replys.

 

 

have got some other issues with credit cards so am sure will be back soon enough!!!

guess this thread can be locked???

[dx100uk]

please can you do what has been asked

 

 

just because you have found evidence you poss owe this money

doesn't mean the claimant will

 

 

help us to help you all is not lost.

[coleman72]

hi dx 100uk, thanks for reply.

 

 

have not done anything yet as still checking through paperwork.

 

 

I will do the link thing later today. just getting nervous of the timescale.

 

 

claim was issued on 23rd September, but have 5 days service, so bit of time.

 

 

please can you reply to thread so I know you have seen this??

[dx100uk]

ack [aos] need to be done by the 19th at the very latest

 

 

 

 

got that CPR running yet?

 

 

it matters not what you hold..it what the claimant holds

 

 

you seriously need to get that link moving.

 

 

dx