** DISCONTINUED ** Lowells Bank Overdraft Paperwork -

[charitynjw]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Sorry to 'hear' about all of that; these situations can be tough to deal with, especially when someone is abusing the trust which was previously given.
If it were me, I'd attend the hearing & give a 'warts & all' in mitigation.
If money is tight, prepare an income & expenditure sheet so that, if it does go against you, you can ask for a payment plan.
One poster did so a couple of months back. The low repayments will take about 800 years to repay.
Even this gives you an advantage - you could then offer the Claimant a vastly reduced lump sum payment if they agree to discontinue or set aside the judgement. (Borrowed from some kindly benefactor, of course! :tinysmile_twink_t2

I'll ask [MENTION=87380]Diana M[/MENTION] & [MENTION=55034]nemesis45[/MENTION] to have a peek to see if they have any suggestions.

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Thank you so much for your help. This whole episode at the time caused a lot of anxiety in the family so im having to fight this alone as everyone has moved on since then being nearly 7 years ago.
Btw, I advised Lowell that I have a serious illness and was vulnerable, they replied asking for proof from a doctor / consultant i enclosed my latest consultant letter with the witness statement - would it help at all? Biggest problem is my condition also causes memory loss so I may forget something really important in court.

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Sorry to 'hear' about all of that; these situations can be tough to deal with, especially when someone is abusing the trust which was previously given.
If it were me, I'd attend the hearing & give a 'warts & all' in mitigation.
If money is tight, prepare an income & expenditure sheet so that, if it does go against you, you can ask for a payment plan.
One poster did so a couple of months back. The low repayments will take about 800 years to repay.
Even this gives you an advantage - you could then offer the Claimant a vastly reduced lump sum payment if they agree to discontinue or set aside the judgement. (Borrowed from some kindly benefactor, of course! :tinysmile_twink_t2

I'll ask @Diana M & @nemesis45 to have a peek to see if they have any suggestions.

Good morning [MENTION=5553]charitynjw[/MENTION] and [MENTION=95668]purplestar[/MENTION].

Not a nice situation to be in especially given the other circumstance surrounding you.

I totally agree with Charity attend the hearing ( you can take a friend for support and /or to take notes during the hearing ( they cannot speak without leave from the judge).

Write up a concise history of the circumstances that have resulted in the claim " warts and all " as Charity said, Make 3 copies and ask the court usher to pass it to the judge when you arrive at court, also give a copy to the claimants legal rep if they turn up.

nem

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Good morning, thank you for the advice. I shall write as much as I am able to remember down - I am worried that on the day of the case I will lose my voice as anxiety makes that happen due to my confirmed illness.
The amount is now just under £2,000 with costs added to it, if necessary what would a optimistic amount be to offer if i was in a position to do so? I am not currently working due to my illness situation etc.

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Thank you so much for your help. This whole episode at the time caused a lot of anxiety in the family so im having to fight this alone as everyone has moved on since then being nearly 7 years ago.
Btw, I advised Lowell that I have a serious illness and was vulnerable, they replied asking for proof from a doctor / consultant i enclosed my latest consultant letter with the witness statement - would it help at all? Biggest problem is my condition also causes memory loss so I may forget something really important in court.

Yes your health and well being Must be taken into consideration, the Consultants letter will help.

Make sure you cover every point on your health and the detrimental effects on you life.

Have sent you a PM.

nem

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

I cannot ultimately prove i did not have the letters they allege to have sent me - but can they prove they sent them to me ?

Have they produced reconstituted documents or have they simply stated facts in the POC and their WS?

Have they disclosed a copy of the Final Demand which would have stated the date the bank account would be closed if it wasn't paid in full? That's likely to be the Cause of Action for Statute Barred purposes. They're saying 29th December 2010 so how have they proved that? I can't see when the claim was issued but it may be touch-and-go SB.

If they have provided documents late in the day (was their WS filed on time?) you could ask them to consent to an adjournment of the hearing to allow you time to file an Amended Defence . However since I haven't seen any of the paperwork I can't really suggest that you do that.

However, depending on what new information was disclosed with their WS and Exhibits you may wish to file a 2nd WS which you can file at court and serve on the Claimant together with a letter inviting them to Discontinue the claim.

I'm sorry I can't be more helpful but there aren't enough facts available to say more.

Di

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

I shall write as much as I am able to remember down - I am worried that on the day of the case I will lose my voice as anxiety makes that happen due to my confirmed illness.
The amount is now just under £2,000 with costs added to it, if necessary what would a optimistic amount be to offer if i was in a position to do so? I am not currently working due to my illness situation etc.

Did you cover your health issues and the facts surrounding the way the account was opened in your WS?

Has the Claimant produced any documents which link you to the account or only reconstituted ones?

Dont worry about loosing your voice in court, you'll find the DJ will understand your anxiety.

The the only thing I'll add is to be aware that the representative for the Claimant may ambush you before the hearing in an attempt to get you to admit the claim. The suggestion to take a buddy with you is a good one

Di

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

They have produced a reconstituted sale of account from HSBC, a default - final demand letter that looks like its lifted from email from HSBC.
The witness statement was two days late arriving to me, I called the court to see if it arrived on time there I was told it arrived on the very last day it should.
My witness statement relies on the facts that despite repeated requests they did not supply me with any of the details in regards to what the amount they were after was about, I did not recognise the debt at all . I now have some of the paperwork I requested to see, nothing with my signature on at all and strangely the dates that the details were apparently sent to Lowell on the bottom of the copied paperwork say dates in July 2016 - however they wrote to me in August stating they still did not have the details to give to me. I pointed out to them in writing I really was reliant on seeing the paperwork due to my memory loss.

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

I covered my health issues but wasn't able to cover anything about the debt as I really did not know what this debt and amount were for.
I wont be able to speak to anyone before the case as i think I will only have enough energy to get through an hour or so going through the case, I have already decided to keep myself to myself when I arrive. I do not have anyone to take with me as its right on top of Christmas so everyone is totally busy.

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

The amount is now just under £2,000 with costs added to it, if necessary what would a optimistic amount be to offer if i was in a position to do so? I am not currently working due to my illness situation etc.

If you don't want to go to court and if you want to settle this claim then that is your choice.

In that situation you could make a Without Prejudice offer to settle (supported by your I & E) and the settlement can be drawn up in a Tomlin Order which means you won't get a CCJ.

You don't have to wait until you lose at the hearing (you may not) to make a payment offer. If you get a CCJ it will be for the full amount. If you make an out of court offer you can try to negotiate a lower sum.

I can't advise you to do that, but others may be able to explain the positives and negatives of doing things this way if you choose to do that.

Unfortunately ill health is not a Defence, but it should be taken into consideration in any settlement negotiations.

Di

[Diana M]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

They have produced a reconstituted sale of account from HSBC, a default - final demand letter that looks like its lifted from email from HSBC.

. . . . I pointed out to them in writing I really was reliant on seeing the paperwork due to my memory loss.

I worry that a hard nosed lawyer may take advantage of your honesty about your memory loss issues. Was this fact in your WS or in a letter to the Claimant which has not been disclosed to the court?

They could try to argue that everything was done correctly with your full knowledge but you must have (by your own admission) forgotten.

They may have been slow to disclose documents but the DJ may take the view that they have eventually produced them with their WS in line with Directions (i.e 14 days before the hearing). Whether those documents will stand up to scrutiny is another matter. That's something you'll need to argue in court.

I hope I don't sound too negative but it's important to manage expectations when it comes to court hearings.

I wish you very good luck in whichever way you decide to handle the situation. The hearing is listed for Friday which means the whole thing will be over and done with in time for you to have a lovely Christmas.

Di

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

My illness was in my witness statement, however it is more post traumatic memory loss which of course surrounds these issues, my consultants letter begins with how complicated my life has been making my illness worse. Everything that happened ie the paperwork i requested has been listed in my witness statement along with recorded delivery slips to prove delivery.

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Positives and negatives of a Tomlin order please?

[nemesis45]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Positives and negatives of a Tomlin order please?

Good morning.

Tomlin (Consent) Order.

Positive. No CCJ is registered. Any offer of installments must be reasonable, affordable, and sustainable.

Negative. Given the info above if for any reason a payment is missed or late the claimant can apply for immediate judgment and it is usual for claimants to act very quickly.

nem

[purplestar]

Re: Lowells Bank Overdraft Paperwork - can i ask for the agreement details?

Good morning,
On re reading all the paperwork again this morning, I am drawn to a letter from bw legal acting for Lowell, I had advised them of my health condition and given all details of it with references of where to check the symptoms, I also stated and quoted that the FCA say they should treat vulnerable customers fairly and gave details of why I am classed as vulnerable; they requested a letter from my GP or specialist which they have now in my witness bundle, it says court action will continue on your file until we have received the required documentation, well they have it now in the witness bundle following my latest visit to my consultant - is it worth me chasing them up to see if anything has changed now they have it?