Lowells/Hamptons Overdraft CCJ HELP needed please.

A100NAN

Hi,

Firstly I'd like to say Thank You to this great site as it has already helped me reclaim my Credit Card charges. :beer:

I'm hoping that you will be able to provide some much needed assistance to my girlfriend Chris. I've read alot of threads and have picked up a good basic understanding but could do with some relevant information to this case.

The History:

Chris and her ex-husband were running a pub when they split up in 2004. At the time she left him access to her current account to keep the pub running (account is in her name alone). He ran up an overdraft of approximately £2,000 without her consent or knowledge and due to circumstances Chris never chased up the account again..
She was then contacted by Lowell in November 2006 who informed her that HSBC had sold the debt to them due to charges it now totaled £3414.51, but they would accept a payment of £853.63 (75% discount) as a one off final payment. Unfortunately the amount couldn't be raised so a £10 automatic monthly payment direct from her new savings account was agreed to. They sent further offers of a 50% discount (£1692.50) while the payments were being made. In Dec 2007 the payment was unfortunately missed but no info from either the bank or Lowells was forwarded to inform her.
Then, at the beginning of August she received a threatening phone call from Lowells (usual stuff) as she has defaulted and that letters had of course (yeh yeh) been sent. This was on the Friday and on Saturday the Court Papers from the Bulk Centre at Northampton CC arrived in the post, followed a week later by a letter from Hamptons threatening to get a Charge Order and to phone them asap (know only to correspond by post).

We have until the 3rd September to enter a defence.

As it's an overdraft I know a CCA isn't applicable (damn, damn damn damn damn), and that as the last payment was made in November 2007 it's not Statute Barred. Is there any other proof of ownership of the debt etc that can be requested from Lowells?

As they didn't issue a Letter Before Action I'm pretty sure that they can't be awarded costs (which is a small shimmer of light) which will be in the defence, can someone confirm please.

As approximately £1300 is made up of charges, can these be disputed in regards to reclaiming bank charges if the banks hopefully lose their case. No breakdown has ever being forwarded from Lowells/Hamptons or received from HSBC.

As they have chased under both Lowells and Hamptons, can this be used?

As they previously offered a 75% and 50% discount, is there room for negotiation on this point?

And in dreamland..........If her Ex signed to the fact that the debt was incurred by him, could it be transferred over?

Any help entering a defence would be greatly appreciated.

Many thanks

Marc & Chris.

A100NAN

Anyone please?

**Amy**

Hmmmm im not totally up on legal stuff, so i wouldnt really want to offer any solid advice.

I would suggest contacting National Debtline. They are a free charity and have all sorts of knowledge regarding things like this:

www.nationaldebtline.co.uk

x

RAS

First off

She needs to get the case transferred to her local court and turn up.

Am making this up based on what I have seen on here

a) challenge amount on the bases of the charges.
b) request relocation of the case to your local court because she is a working individual and it is unreasonable to expect here to travel so far.

Why was the December payment missed? Is there any grounds for arguing that she would have made it if possible?


Then do a SAR unless you have already done one recently.

A100NAN

Thanks for the ideas,

Just had a long chat with the Nation Debt Helpline...lovely people and news isn't as good as I had hoped.

May have a case for arguing on the charges side, but have been advised to get a solicitor to enter the defence.

They didn't have any info on the LBA affecting their right to claim court costs....can anyone confirm.

SAR isn't applicable or helpful unfortunatley, but we are requesting statements from the bank to get a breakdown of the charges.

Payment in Dec 2007 was missed because there wasn't enough credit balance on the account, money went in the day after and if Lowell had contacted her straight away she would have made the payment. Her fault for not checking bank statements etc.

May just phone them and make an offer before the CCJ goes through, although we'd need a loan etc to cover it and want to get that sorted before a CCJ messes up her credit rating.

Cheers

Marc