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Thread: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

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    Jamie2014's Avatar

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    Default Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Morning everyone.

    I have received a claim via Northampton Bulk PC. It is allegedly for an overdraft with HBOS plc current account.

    The account was opened in 1999. at the time I requested that no overdraft facility to be provided.

    I have had no communication with HBOS since 2007. They are claiming over £2100 including costs.

    In 2008 or 2009; i wrote to HBOS plc under the unenforceable contracts laws, requesting original contracts and documentations, regarding this, they never replied. I used a third party law firm for this.

    I dont believe i owe them any money. I dont have any agreements myself from 1999.

    I have read some posts about limitations act 1980, CCA 1974 and CCA 2007, I just need help, and knowledge to contest this.

    If any one could help I would be grateful.

    The claim was issued 15th April 2014.

    Thank you all for reading this.

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Hi Jamie,

    Your first move is to acknowledge the claim stating an intention to fully defend all the claim (online, via the details shown on the claim form)

    This will give you an extra 14 days to file a Defence, so a total of 28 days + 5 for service from the date of issue

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Being an overdraft makes things a little trickier as the agreement reguilations are not so clearly defined as with a personal loan/credit card

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    It sounds like you would have an outright Defence under the limitations act - if you are absolutely sure you have enother paid money to, or acknowledged this debt in writing since 2007, this would be your Defence (I'm assuming you are in England?)

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Hi

    Yes i am in England.

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    OK,

    Best to proceed with the above then - just acknowledge for now, but it's also worth putting in a CPR 31.14 request to them, as I believe you have already seen elsewhere on the site based on your comments above

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Can you write out (or scan up) the actual text of their claim, minus the personal details (if scanning, make sure all bar codes/reference numbers are hidden, as well as account number, name, etc)

    This will give us a better idea of how you should construct your CPR 31.14 request.

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Yes i will do, this evening as i am at work and the scanner doesn't work. I appreciate your effort.

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    More than welcome

    If it means it deprives Lowells, all the better

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Here is the case particulars.

    Nothing else was sent with the claim. No contract, no proof, no other documents. nothing.
    Attached Images Attached Images

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Rather vague - Finance and/or Services and/or Goods

    If it is for an overdraft (which is difficult to know as it's not stated ) then no the cca 77-79 request wouldn't be valid - however asking for the documentation under cpr 31.14 would be valid - as they mention the agreement - but nothing about what kind of agreement - just the name of the lender HBOS.

    So you don't think you ever had an overdraft on an old HBOS account and haven't had anything previously regarding this debt ? Does the account number mean anything to you ?

    In 2008 or 2009; i wrote to HBOS plc under the unenforceable contracts laws, requesting original contracts and documentations, regarding this, they never replied. I used a third party law firm for this.
    Who did you use to do this and did you pay them ? Also what exactly were they doing ? If they were negotiating on your behalf or made any payments then it may burger up the Stat Barred defence.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Hi Amethyst

    Yes your right, it is not clear what the claim is for.

    The reference provided is my old current account, so I presume its an overdraft, as it definitely is not a loan.

    2008-09 I used a company called Monster Claims, they don't exist any more, it was definitely for unenforceable contracts. No negotiating a settlement, no payments. Like I mentioned, when I took the account i clearly stated i wanted no overdraft, I don't require one. This was to unearth the contracts. I don't know how the account went in to overdraft, that they feel they need to chase me.

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    I just got a copy of Equifax report.

    September 2006 was when i stopped using the Halifax account. However they didnt register a default until july 2009.

    Help?

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    That's irrelevant really - DCA's and Creditor's are constantly misreporting the actual date of Default, you need to rely on statement information or your own (CLEAR) recollection
    Last edited by ncf355; 23rd April 2014 at 11:10:AM.

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    As well as sending the CPR request send as Subject Access Request to HBOS to find out how the debt is made up.

    Was your account a fee paying account?
    Were you aware of a debt when you engaged monster claims?
    Did you leave a continuous payment authority or direct debits on the account which could have racked up charges?


    Just for ref

    (((((About Monster Claims Limited

    H
    ow would you know if your credit agreements were unfair? We've created the perfect starting point in our free test center at www.monsterclaims.co.uk . It's free, easy to use and will help you decide if an audit or claim is an option.

    If you have a Credit Agreement with a balance between £2,500 and £25,000, the agreement itself may not comply with the CCA of 1974. The amount you owe maybe declared unenforceable and you will not have to repay the debt. We specialise in performing credit agreement audits.

    "Any credit agreement can be audited and therefore declared unenforceable by a judge"

    This has changed the financial world forever. Take a moment to think about the implications... This will genuinely save you £1,000's.

    Before you get too excited you first need to request an audit, the audit will allow our solicitors or audit specialists to compare your agreement with rules set out by the Consumer Credit Act of 1974 () and subsequent ammendments. )))))


    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    My account was not fee paying.

    Yes i was aware of the debt when engaging with monster claims.

    No i don't believe there was any direct debits as those had been long since transferred away.

    I have written the CPR request from a template on another thread. Subject Access report, is there a template i can use from here?

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    Default Re: Received a County court claim Lowell s using Bryan Carter. Claim for overdraft.

    Hi

    Lowells has replied using their standard letter; (as i have read they would). That they are right and theres nothing further to prove.

    What do i do now? can any one help guide me on this?

    Thank you

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