Lowell/lowell sols Claimform - LLoyds OD all charges

[L_C]

Hello - I'm new to the forum.

 

I come across the site after searching for ways to sort my defaulted account so thought I'd post up a summary of my situation to see what advise you can give me. It has been around 3 years since this started so fees and owings may be a couple of pound out.

 

Everything started after being a couple of days late with car repayments. I was charged £40 each late payment by the car finance company and then circa £60 by Lloyds because it went over my overdraft. When I eventually went over my £100 overdraft after paying the car payments, to approx £125, I had a phone call from Lloyds offering a monthly payment agreement which consisted of £10 per month (£4 was fees).

 

I paid the £10 for the month and then got another £60 charge from Lloyds. I immediately phoned up to which they said that this is for the month before making the agreement. So I agreed and carried on paying the £10 a month.

 

The month after, I got another £60 fee. I definitely did not owe this. I rang up and discussed this to which they said I owe them this for whatever reasons they gave. I had already paid the £10 that month but told them I will not be paying the next month. What is the point in paying £10, which is actually £6 off my outstanding balance and £4 fees when I will only have to pay £60 more fees. 1 step forward 2 steps back.

 

This obviously then entailed more fees to which Lloyds offered another agreement. I agreed another £10 per month agreement as it was the only way I would ever pay off what I owed. I paid the £10 and then got another £60 fee for after the agreement was made!

 

Back to square one. I didn't pay the month after, more fees were applied, we then agreed a third agreement for £10 a month.

 

In my head it was the only way I was going to get out of this situation. My frustration was huge but what could I do?. I spoke to a different person every day who has no clues or notes about what has been going on the past months. Wires kept getting crossed. Admin errors kept getting made and I basically kept getting shafted.

 

Guess what happened next? Same again! I then went to the bank manager of my local branch who said she couldn't deal with the people on the phone but did anyway. After her being on the phone for over 2 hours she said there are wires being crossed due to dealing with people in India and England and their databases don't seem to be synced up.

 

After more time of me saying I don't want another agreement and would prefer to be took to court......... another £10 per month agreement was made .

 

 

Yep the same thing happened 2 months after. Since then I have sent letter to an address in Birmingham I was given but have had no reply. The debt has been passed to numerous debt collecting agencies but when I explain what has happened it always gets passed back and then sold to someone else.

 

What can I do? The account has defaulted at £518 which I only noticed when I signed up to Experian 2 months ago. I was hoping to get a mortgage next year but that is obviously not a possibility now.

 

I was also never sent a letter telling me I have that default against me. I was thinking sending a letter to the highest person possible but what use would that do me? I've been fighting this for years but keep going round in circles.

 

Sorry for the long post which doesn't give a lot of details. I have copies of my agreements but have no proof of any of the phone calls.

 

I would really appreciate some advice... anything to keep my sanity. Thank you.

[citizenB]

Sorry for the long post which doesn't give a lot of details. I have copies of my agreements but have no proof of any of the phone calls.

 

 

 

This is one of the reasons we continue to advise people to either record their telephone conversations with the banks or to keep everything in writing.

[L_C]

This is one of the reasons we continue to advise people to either record their telephone conversations with the banks or to keep everything in writing.

 

I realise this now. I was 18/19 at the time and obviously gullible to a supposedly reputable bank.

[Crocdoc]

There are a number of issues here,

however first and foremeost you must stop dealing with this bank

 

 

Make it a priority to find an alternative bank and open a Basic Bank Account.

 

 

Transfer all income and Direct Debts to the new account,

this process allows YOU to control your funds and not Lloyds TSB.

 

 

This will not resolve the credit rating issue in the short term,

but it will put you in a much stronger position to raise a dispuute with Lloyds

or any other party (DCA) who becomes involved.

[L_C]

Thank you for your reply, unfortunately I have not been on this forum for a while.

 

 

The first thing I did was stop using Llyods so no issues there.

 

Wescott have been hassling me for about 8 months now, 4 phone calls a day, numerous letters a month

and now they have involved Nelson Guest & Partners.

 

Can someone please advise me what to do?

 

 

I want to send Wescott a letter saying I will not be paying but I need some direction as to what to put in the letter.

 

Thank you in advance.

[BankFodder]

Send an SAR and ask for all data which they hold you in any form including notes, screen notes, notes of conversations, internal correspondence and external correspondence.

 

Read this http://www.consumeractiongroup.co.uk/forum/announcement.php?f=84&a=228 and the linked articles.

When you have received the data disclosure come back here and we'll see if we can help you put a case together.

Meanwhile, record all your calls to everyone - without fail

[L_C]

Thank you BankFodder. Send an SAR to Lloyds or Wescott?

[BankFodder]

Lloyds mainly - but wescott too - you never know what might turn up

[Guest]

LC

it seems that it it is not uncommon for loyds to renege on an agreement/variation made by their indian dept. and for their records to be so called 'incorrect/out of sync'! happened in my case also.

Edited January 9, 2012 by Ford

[L_C]

Regarding the SAR:

 

1 - How do I send the £10?

2 - How will I claim back the £10 as noted in the SAR link?

 

LC

it seems that it it is not uncommon for loyds to renege on an agreement/variation made by their indian dept. and for their records to be so called 'incorrect/out of sync'! happened in my case also.

 

Do you have a link to your case? Did you manage to rectify the problems you were having?

[Guest]

still unresolved. have complained to them. they haven't addressed the matter, just farmed it out to dca's. will be contacting the authorities just now.

re sar £10 - can send it either by cheque or postal order with the request letter.

could also write to wetcloths ftao compliance dept saying something along the lines of; that an agreement was made with loyds which you have adhered to and circumstances have not changed, and that any further contact from them may be regarded as harassment. communication in writing only.

also, have a look at the Lending Code (on cag). where there are financial difficulties and token payments, they should freeze interest and charges.

Edited January 10, 2012 by Ford

[BankFodder]

Regarding the SAR:

 

1 - How do I send the £10?

2 - How will I claim back the £10 as noted in the SAR link?

 

 

 

Do you have a link to your case? Did you manage to rectify the problems you were having?

 

I hope that you won't mind me saying that these kinds of questions are very basic. The information is repeated hundreds - thousands of times on this forum and if you look around you will find it.

 

We are very happy to help you. Very keen, in fact, but we like to feel that people are prepared to put a bit of work in themselves

[L_C]

Name of the Claimant ? Lowell Solicitors Limited

Date of issue – 01/03/16

What is the claim for –

 

 

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds under account reference xxxxxx.

2) The defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on 24/06/2014 and notice given to the defendant

4) Despite repeated requests for patent, the sum of £519 remains due and outstanding.

And the claimant claims

a) The said sum of £519

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.114, but limited to one year, being £41.49

c) costs

What is the value of the claim? £560 + £60 + £70

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft

When did you enter into the original agreement before or after 2007? After

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. Lowell.

 

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

Probably. I have kept all letters received about this debt

so I will need to look through them for this specific letter.

 

Did you receive a Default Notice from the original creditor? No.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Again, I am not sure but I have kept all letters received for this debt

 

Why did you cease payments?

I set up payment plans with Lloyds TSB numerous times

but they still kept adding on overdraft fees. More information below.

 

What was the date of your last payment? ??/??/2010

Was there a dispute with the original creditor that remains unresolved? Yes.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

Yes, many times. More information below.

I also offered to pay Lowell the original £125 owed to clear the debt which they refused.

 

To add, this debt used to cause me a lot of stress.

I set up and stuck to payment plans which Lloyds kept going back on

and adding fees, not once but I think 4 or 5 times.

 

 

I was hassled by debt collectors multiple times a day when I was 19 years old

and at that time didn't have a big enough income to pay it all off even if I wanted to.

 

My mortgage,

which I finally got last year,

has a ridiculous rate due to my default

(costing me around 3-4% more than any high street lender)

and now I have just had a baby 5 months ago

 

 

I have this potential CCJ hanging over my head.

I would happily pay the original £125 debt to Lowell

if it settled this quickly but will really appreciate any help from this forum

to hopefully get this matter resolved.

Edited March 4, 2016 by L_C

[Guest]

lc

4 years later!

it wld be good to know when the last payment was, and the date of that default notice they mention in the particulars (which you say you didnt get from the original creditor). they also state that it is a regulated agreement.

issue date is 1/3, there is a bit of time to consider things/further input before worrying about any actual judgment.

[L_C]

I know, the default would have been removed from my credit rating towards the end of this year. What will a regulated agreement mean for me?

I will see if I can find any old bank statements that show the date I last paid money in to the account but I think I'll struggle to find this.

[Guest]

keep note of your court timelines.

[L_C]

Thank you Ford. May I ask how your issues with Lloyds unfolded from 2012?

 

The only info on payments I could find is a payment receipt dated 23/12/2009. I could not find any bank statements so I am not 100% sure when the last payment was. My credit report shows that the date of default is December 2010. It no longer shows as Lloyds though - it is Lowell and is updated every month, the last date showing 22/2/16. Is this normal?

 

What are my options from here? I do not think I have many. Shall I return the form admitting to part of the claim, specifically the original £125? Lowell have also wrote asking me to contact them to discuss payment rather than going through the courts.

Edited March 15, 2016 by L_C

[AndyOrch]

What are my options from here? I do not think I have many. Shall I return the form admitting to part of the claim, specifically the original £125? Noooo Lowell have also wrote asking me to contact them to discuss payment rather than going through the courts.Ignore

 

Partial admittance is an automatic CCJ for the part admitted...if they are not keen on proceeding to court...why issue the claim....defend all.

 

Andy

[L_C]

Ah, I didn't know that!

My worry is I do not have proof of what I explained back in 2011 (in my first post). I can't access my bank statements, there was an obvious lack of synchronisation with Lloyds customer services which caused this problem. So, I defend by explaining my original post in the defence form?

Edited March 16, 2016 by L_C

[AndyOrch]

Your initial defence will put them to proof to disclose any documentation they wish to rely on....and test them if they wish to proceed...you can go into particular detail later if it proceeds beyond the defence.

[dx100uk]

go ring Lloyds ask your last payment date

 

 

dx

[Guest]

May I ask how your issues with Lloyds unfolded from 2012

you may. its

[Guest]

The only info on payments I could find is a payment receipt dated 23/12/2009. I could not find any bank statements so I am not 100% sure when the last payment was. My credit report shows that the date of default is December 2010. It no longer shows as Lloyds though - it is Lowell and is updated every month, the last date showing 22/2/16. Is this normal?

 

.

it may well be barred then if it goes from the default date and no payments after. and this is re an overdraft.

do those 'updates' show any payments.