Hoist/? Claimforn - Lloyds overdraft -Statute Barred?

[Abury]

Hi,

 

I have just been issued with a claimform from Robinson Way Ltd,

I am considering fighting the debt for two reasons

I would like any advise on whether I have a leg to stand on with any of my reasons and if anyone would recommend or recommend against doing so.

 

1. The debt of £1573.05 is originally from an approximate £50.00 unauthorised overdraft from Lloyds bank,

the first reason I have for fighting the debt is that it is mostly made up of overdraft charges that since receiving them where found to be illegal (If you remember back in 2011 ish everyone was claiming their overdraft charges back).

 

2. The second reason is that this debt is over 6 years old,

I cannot remember the actual date, but the problem is somebody (I think my sister) accidentally transferred money into that account on 13/05/2011 and they are taking that as a payment and therefore saying that is the last time the account was defaulted.

 

 

I am thinking that because this money didn't come from me and that I didn't know about it until afterwards that it shouldn't be counted as a payment the that the default date should be the original which is over 6 years ago.

 

If you think that these are valid reasons to fight the account please let me know, and the the same if you think I am wrong and that I should pay the amount before the CCJ goes into affect 14 days from today.

[unclebulgaria67]

Don't think overdraft fees were found to be illegal as such. They have to be fair and in line with the account terms and conditions. They can't just keep the account open to rack up loads of charges.

 

Question - Did you contact the Bank to advise them of your financial circumstances at the time, so they could review any hardship ?

 

In regard to statute barring and this credit mistake by your Sister, you would need to evidence this as a mistake. Presumably your Sister asked her Bank to recall the credit made in error and you can prove this. If not, i think a court would believe you asked your Sister to make the credit on your behalf. If this is the case, it is not statute barred.

 

Action you need to take - Send a Data Protection Subject Access Request to the Bank to get hold of all records, including all statements of account. You will need these, if a court claim is issued to help with any defence and if necessary to negotiate a sensible debt repayment excluding excessive charges.

[dx100uk]

The charges are unlawful not illegal

But anyway

Forget all that not relevant

Being SB,d is!!

 

Can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

Thread moved to legals and retitled

[unclebulgaria67]

The charges are unlawful not illegal

But anyway

Forget all that not relevant

Being SB,d is!!

 

Can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

Thread moved to legals and retitled

 

The OP's post does not make it clear whether it is a letter before action saying they will apply for a CCJ, whether it a court claim or whether the CCJ has already gone through.

 

It just says notice for a CCJ, whatever that means ?

[dx100uk]

14 days is telling me its a claimform

 

Its SB,d anyway as payments in don't reset the date

[dx100uk]

Prob have to wait till they get in from work??

[Abury]

Thanks for your replies, sorry for maybe being a bit thick but what is SB,d?

 

Also with regards to the CCJ you are right, I have been sent a claims form and have 14 days to respond.

[Abury]

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD

 

Date of issue – - 12/09/2016

What is the claim for –

 

1.This claim is for the sum of £1573 in respect of monies owing pursuant to an overdraft facility on the bank account number no. xxxxxxxxxxxxxx. The debt was legally assigned by MKDP LLP (Ex Lloyds Banking group) to the claimant and notice has been served.

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

 

3.The claimant claims

1. The sum of £1573

2. Interest pursuant to S69 of the County Court act 1984 at a rate of 8.00% from the 13.05.11 to the date hereof 1943 is the sum of £669.95

3. Future interest accruing at the daily rate of £0.34

4. Costs

 

 

What is the value of the claim? - £2428.00

 

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

 

When did you enter into the original agreement before or after 2007? 2005

 

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. hoist

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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 ? No

Why did you cease payments? Disagreement with the overdraft charges.

What was the date of your last payment? Unknown - Lloyds TSB no longer exist as a company to get the information from.

 

A payment was made into the account in error on the 13.05.2011 by a third party.

Was there a dispute with the original creditor that remains unresolved? No official dispute

Did you communicate any financial problems to the original creditor

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

 

I spoke with the original creditor and managed to arrange that the account was changed from an unauthorised overdraft to an authorised one to stop anymore interest charges being added onto the account.

.

[dx100uk]

Statute barred .... 6yrs of non payment or you sending a signed letter

[Abury]

Just posted the filled out form below my question.

[dx100uk]

Go up on the mcol website

ack the claim (AOS box)

 

Get a CPR 31:14 running to the sols

[Abury]

Thank you for your help.

 



 

What should I put as the answer to this question?

[dx100uk]

sorry missed that

you leave that unticked

 

right these payments

 

forget the payment by a third party

[was that an F&F offer you authorised, though the DCA prob wont know about that anyway]

 

before that when was your last payment?

[Abury]

sorry missed that

you leave that unticked

 

right these payments

 

forget the payment by a third party

[was that an F&F offer you authorised, though the DCA prob wont know about that anyway]

 

before that when was your last payment?

 

Yes I believe it was a Final offer, I honestly cannot remember when the last payment was excluding the third party payment. From what I can remember I got the bank to change it to an overdraft then I don't remember actually paying anything towards it.

[Abury]

What is and how to I get a CPR 31:14

[dx100uk]

click on it!!

 

 

dx

[Abury]

Ahh sorry, so I should send this to the sols and then wait for their response?

 

I have now acknowledged the claim on mol website.

[martin2006]

Correct. Make a note that your defence must be filed by 4 pm on Friday 14th October.

Thats 33 days from the date on the claimform, that date being day 1 of the count.

[dx100uk]

IMHO that payment by a third party does not count.

was there any letter sent with the cheque or was it a transfer

[dx100uk]

is Lloyds mention in the POC please

[Abury]

IMHO that payment by a third party does not count.

was there any letter sent with the cheque or was it a transfer

 

It was a bank transfer, she tried to ring and cancel the payment but as she had used the fast payment system was unable to cancel it.

[Abury]

is Lloyds mention in the POC please

 

They are mentioned as the original debtor.

[Abury]

Can you please tell me which part to delete in this paragraph of the CPR 31:14 form as the claim form has been sent from Northampton county court.

 

 

1: The agreement/ overdraft Facility confirmation and Terms and Conditions from that date pursuant to section 61B of The consumer credit Act

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement * should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

* (Remove if the claim is from Northampton MCOL CCBC)

[dx100uk]

Can you please tell me which part to delete in this paragraph of the CPR 31:14 form as the claim form has been sent from Northampton county court.

 

 

1: The agreement/ overdraft Facility confirmation and Terms and Conditions from that date pursuant to section 61B of The consumer credit Act

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement * should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

* (Remove if the claim is from Northampton MCOL CCBC)

 

 

look at the full cpr 31:14 thread it clearly tells you

[dx100uk]

They are mentioned as the original debtor.

then why have you not put that in the poc when asked too above

type out the full poc please

and i'll copy it to that post

 

 

dx