Please Help - Brian Carter / Lowell / Lloyds Tsb

[Olissa]

Hello everyone firstly i wont to say hello You All. I had spent on your forum last week studing different cases and i just say i do have big respect for The job You are dooing.

My case is little bit simmilar to others but different in same time.

i did had bank accaount with Lloyds Tsb with overdraft facility of 250 or 359£ cant remember now. Long story short i did overdrawn my accaount so i did received overdrawn fine i before ive noticed that i had already another charger added to accaount. I did contacted Lloyds Tsb with enquiry how they can charge by Putina bank charges on the top of the bank charges i had tryed to resolve problem in bank with accaount advisors and branch manager without any Help. I had been Told if i cant pay now they will charge me again and again. That was a difficult time in my family lige only my housband was working and we couldnt afford repayment (of charges) at the time. Finały bank closed the acc with ballance arround of 950£ mainly Bank Charges !!!!!

Now the case:

1. Letter from bryan carter datek 09 07 2014 informing that i will receive letter from court within 48hrs.
2. County court claim issue date 09 jul 2014

claimant Lowell portfolio
bryan carter solicitor

"this claim is for 900+ £ the amount due under an agreement between the oryginal creditor...
...the debt was assigned to / purchased by Lowell portfolio I tld on 03/07/2013 and notice served persuant to the ław of property act 1925
the claimant claimant 900+£ plus interest..."

What at i had did till now:

1. Acknowledgment of service (deffend in full) 15/07/2014
2. Cpr 31.14 to bryan carter 28/07/2014 recorded signed for
3. Caa to Lowell with 1£po 28/07/2014 recorded signed for
4. SAR to Lloyds with 10£ po 28/07/2014 recorded signed for

Thats All i have done but now im Lost and totalny dont know what should do i went three so many posts that im confused even more Than on the begining.

I will appriciate any Help i do know i need to Enter defence within 28 days or request extension from bryan carter... When i should do that ? What i should send...?

Please help
Many thanks
olissa

[FlamingParrot]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

Hi and welcome

You seem to have got the gist of it.:clap2:

They should respond to the CPR request in 7 days. BC never do and will fob you off with a letter saying it will be allocated to small claims :blah: :blah: Once the 7 days are up you can ask them to agree to an extension, BC will usually refuse point blank. :mad2: :rant:

You will have to either submit a defence based on the info you have, or do an unless order. Without their agreement to an extension, you'd have to decide before the 28 days are up. :decision:

With the 5 days allowed for service I make it the 12th of August. :clock:

Do take a look at other threads featuring this Dynamic Duo to know what to expect. :ohwell:

If this was a current account overdraft the CCA request won't apply.

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

Hi and welcome

You seem to have got the gist of it.:clap2:

They should respond to the CPR request in 7 days. BC never do and will fob you off with a letter saying it will be allocated to small claims :blah: :blah: Once the 7 days are up you can ask them to agree to an extension, BC will usually refuse point blank. :mad2: :rant:

You will have to either submit a defence based on the info you have, or do an unless order. Without their agreement to an extension, you'd have to decide before the 28 days are up. :decision:

With the 5 days allowed for service I make it the 12th of August. :clock:

Do take a look at other threads featuring this Dynamic Duo to know what to expect. :ohwell:

If this was a current account overdraft the CCA request won't apply.

Thanks for fast reply
well i had spent a bit reading quite a few cases but i do not understand all that.
yes it was current account with overdraft facility. but as i said it became to this stage because of snow ball bank charges nothing more.

what is the different between defence and unless order. please try to understand my only knowladge is what i got from that what i found on the forum so please be patient ;-)
thanks again

[FlamingParrot]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

Thanks for fast reply
well i had spent a bit reading quite a few cases but i do not understand all that.
yes it was current account with overdraft facility. but as i said it became to this stage because of snow ball bank charges nothing more.

what is the different between defence and unless order. please try to understand my only knowladge is what i got from that what i found on the forum so please be patient ;-)
thanks again

No worries, that's what we're here for. :thumb:

A defence is a number of bullet points where you list your arguments to explain why they claimants shouldn't obtain judgmnt against you, picking holes in their case based on what you have at the time you submit it. There is no fee to submit a defence. :typing;

An unless order requires you to fill in an application form (Form N244) and pay a fee of £155 (which can be waived in some cases) to ask the court to order them to disclose the documents they rely on for their claim by a certain date. Given the relatively low value of your claim, the level of fee involved (unless you qualify for remission) and the fact this was an overdraft and you can't rely on the lack of a valid CCA, I'd be inclined not to suggest this course of action in this case.

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

No worries, that's what we're here for. :thumb:

A defence is a number of bullet points where you list your arguments to explain why they claimants shouldn't obtain judgmnt against you, picking holes in their case based on what you have at the time you submit it. There is no fee to submit a defence. :typing;

An unless order requires you to fill in an application form (Form N244) and pay a fee of £155 (which can be waived in some cases) to ask the court to order them to disclose the documents they rely on for their claim by a certain date. Given the relatively low value of your claim, the level of fee involved (unless you qualify for remission) and the fact this was an overdraft and you can't rely on the lack of a valid CCA, I'd be inclined not to suggest this course of action in this case.

Hello
A quick update just received letter from Bryan carter regarding CPR 31.14
"we confirmed that the claim was issued by the county court and that the courts protocol was fallowed when issuing the claimant particulars of claim. practice direction 7c point 1.4(3a) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this cort.
we confirm that this matter will most properly be allocayted to the small claims track as this is a simple contractual matter part 31 of the civil procedure rules will therfore not apply.
is the oryginal creditors policy to issue an agreement at the point of contract and statements throught the duration of the agreement and in this regard we ask you to refer to your own records. we confirm our client is not agreeable to an extension for filing the defence.
as you will be aware a claim was issued in this matter on 8 july 2014 please respond to the claim using the response pack provided by the court. you should comply with the dedlines outlined by the court in order to avoid a default judgement being entered against you. we confirm we are in receipt of your acknowledgement of service. "

what i should do next - im even more lost. please help
whats the best coures of action i should take now.

the most funny is when i tryed resolve problem with bank on stage when account was overdrawn about 100,200,300 pounds they didnt had time and solution but when dedb reached 900 they where happy to help. please remember 70% of this debt is bank charges on the top of other bank charges.

thanky you all for help.
all best

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

No worries, that's what we're here for. :thumb:

the fact this was an overdraft and you can't rely on the lack of a valid CCA, I'd be inclined not to suggest this course of action in this case.

what course of accion i should take in my case? pleas ehelp

[FlamingParrot]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

what course of accion i should take in my case? pleas ehelp

I was referring to the unless order, which leaves you with submitting a defence or, depending on the circumstances, possible negotiating with the creditor or signing a Tomlin order to avoid a CCJ.

With an overdraft you can't argue unenforceability on the basis of a lack of a properly executed credit agreement, so we need to think of other grounds you may have to defend this. Is this balance made up of just charges?

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

I was referring to the unless order, which leaves you with submitting a defence or, depending on the circumstances, possible negotiating with the creditor or signing a Tomlin order to avoid a CCJ.

With an overdraft you can't argue unenforceability on the basis of a lack of a properly executed credit agreement, so we need to think of other grounds you may have to defend this. Is this balance made up of just charges?

Hello thanks for fast reply.
i had account opened with lloyds with overdraft facility of 250 or 350 pounds. few years back i went on holliday because i was unable to pick cash from cashpoint i done few transaction paying by my card v small food shoping or something . i did overdrawn account by if i good remember 101 or 103 pounds without even knowing that. as soon as i found i asked my housband to pay this ammount in and so he done that.
because of overdrawn they charged me and then they started building charges on the top of the charges. with no transakcion on my bank account the only thinks that has been applied to balance where charges.
that was hard time for my family i was without work my housband was working thrue work agency with no constant income.
we did had few conversation inlloyds when account ballance was about -300 pounds or so and after to agreed repayment plan or do something to stop charges from building up. unfortunately each time we had been declined with answer that they cant do nothing about and or we will pay everything off or they cant stop charges from beeing applied to account. and this situation was ongoing for a bit off time till they defoulted account with ballance arround 900 pounds ( mainly bank charges). i do remember conversation with branch manager after or just before defaulting my account and asking him why bank couldnt find solution when account balance was 300 pounds why they allowed charges to build up till 900 and then they started to be helpfull with offers of repayment. why...
i think i should have all bank statements as i did requested from bank when i was tryint go agreed repayment of what i ow not unfair bank charges but it was unsucesfull attempt as well.

thats long story short.
i dont know if that help any way.

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

I was referring to the unless order, which leaves you with submitting a defence or, depending on the circumstances, possible negotiating with the creditor or signing a Tomlin order to avoid a CCJ.

With an overdraft you can't argue unenforceability on the basis of a lack of a properly executed credit agreement, so we need to think of other grounds you may have to defend this. Is this balance made up of just charges?

in my case creditor will be lloyds or lowell?
whats the tomlin order?

on credit report lloyds closed account with balance zero and new account has been created by lowell. i dont know if this has matter regardind whos creditor in this case?

thanks for help

[Amethyst]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

in my case creditor will be lloyds or lowell?
whats the tomlin order?

on credit report lloyds closed account with balance zero and new account has been created by lowell. i dont know if this has matter regardind whos creditor in this case?

thanks for help

Creditor is now Lowell as they have bought the debt off of Lloyds.

A Tomlin order is a consent agreement signed by both parties in the claim and lodged with the court. It basically means you agree to pay £xxx a month and while you do the claimant agrees not to do anything with regards getting judgment against you. If you then fail on payments as agreed the claimant can just ask for summary judgment and get their CCJ so they can enforce it against you.

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

in my case i know this is not primary debt and i am repaying ctax plus water i do need to agreed electricity and gas as well. and its not because i do have money but cosen to spend on shoping insteed paying bills its because atm one person working in my household and i do have problems with making payment for everything concidering costs of living atm.
what i wont to ask how i can get into mediation with creditor if in any cases i had make offer to repay over the phone conversation my offer was not enought.
cheers

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

Creditor is now Lowell as they have bought the debt off of Lloyds.

A Tomlin order is a consent agreement signed by both parties in the claim and lodged with the court. It basically means you agree to pay £xxx a month and while you do the claimant agrees not to do anything with regards getting judgment against you. If you then fail on payments as agreed the claimant can just ask for summary judgment and get their CCJ so they can enforce it against you.

Hello
thank for your Help guys. Unfortunatelly i do have to provide my defence till tomorrow. I dont thing i will be able to do it. I was trying to find simmilar case regarding unfair bank charges but couldnt.

as well just received respond from Lloyds saying that they received request but they are missing signature to continue.

im totalny Lost.
Is there any one can Help me with this case or i should just give up? Please i really need someones Help.

Any one Please. I do need Help with defence as well.

thank you

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

thanks i was expecting a bit of help looks like i was expecting to much. all best

[Olissa]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

Hello Again
i just received letter from court informing me that hearing has been scheduled for 18 dec 2014 in local cc. im about to send letter to court to ask for rescheduling due to xmas holiday as well to ask for more information regarding claimant not to comply with my requests. any one willing to help wit it? i do have letter ready to send all i need to someone have a look on it and tom ake some corrections. plase regards

[nemesis45]

Re: Please Help - Brian Carter / Lowell / Lloyds Tsb

Post your letter here I'm sure you will get help.