SB or Not SB

swerveit

First time poster and some advice is needed.


Basics:Lloyds TSB overdraft (closed bank account) lowell portfolio- BW legal representing
I closed the account however there was a standing order that kept ticking over which took me over the overdraft limit.
Ended up as £586 – lowell have trumpet this up to £843

Llyds TSB – last payment into the account 30th of June 2008 – went over the overdraft 2nd of August 2008.
No activity from me paid in transferred etc, for all purposes I believed it to be closed until this year, however the standing order kept taking out.
Have no request to call the debt in (or at leat one that I recieved)
Not spoken to Lowell, via email or phone.
Have not acknowledged the debt.

I believe the debt to be SB and have allready successfully defended it when BW legal submitted to their own local court believing that I would not respond to the court letter.
I did, therefor didn’t get an automated judgement against me.
Court suggested a mediation service – I declined as I’ve allready successfully defended the claim. However BW pursued this again, I requested a change of court as it was in Leeds.
This was granted and is now local to me.

Sent the letter stating SB and requested the following:
(and any evidence they are to submit to the court)

• Proof the debt is not Statue Barred.
• Credit Application; Loan Agreement; Drawdown certificate
• Details and dates of debits and credits including payments, interest and charges to the account; current amount outstanding;
• Copy of Default notice, copy of formal demand; and
Where the debt has been sold, copies of letters from original creditor stating that, plus letters from current creditors stating that.

Only an old statement was sent nothing else.


I have no information asking for repayment and nothing on my credit report, no CCJ I have a default against Lowell under a credit agreement that I didn’t have with them.
The lloyds “credit agreement” is settled (presumably by Lowell) I have no actual default judgements, just a defaulted account with lowell. (maybe one and the same thing??)

Interestingly enough on an equifax report lloyds states “start date” 01/08/2007, however the default date is 29/06/2009
However I can see on the statement its over the limit: 2nd of August 2008 – (I have no COA, probably because all parties have my address that I moved out of 20 years ago)
Lowell have the start date as 1996???!!!!

Theres so many irregularities, for starters my name is wrong, address is wrong dates are wrong.
In addition to believing that this is SB from the statements.

Am I missing something?? Because this to me looks like a pointless course??


Thanks in advance for any advise or something I’ve missed.

Tixy

Impossible to say it is definitely SB or not SB from the information given.

Bit confused where you say you have already successfully defended the claim. What actually happened?

swerveit

You and me both, originally responded via the goverment portal at a bulk business county court in Northampton. the response I got was "successfully defended" but now it goes to court. ??

The judge has reviewed the info and has set it for a fast track and that we should use a mediation. Date also set for hearing??!!

sourcrates

The statute barred clock starts from the "cause of action", the point at which the creditor could of taken legal action against you, with an OD, this is more difficult to determine.

It does not run from the default date they register, this is a common misconception, I am also a little confused as to why it's going to court again ?

Once SB, always SB, nothing can change that, what can they possibly gain from this ?

Strange !!!!!

swerveit

I'm right in thinking the burden of proof is on them? However to date they not provided anything to suggest otherwise. They still send info to the wrong address..
I presume they would need to provide "cause of action" letter of sorts??

sourcrates

swerveit wrote: »

I'm right in thinking the burden of proof is on them? However to date they not provided anything to suggest otherwise. They still send info to the wrong address..
I presume they would need to provide "cause of action" letter of sorts??

The burden of proof is on them, in order to win the case, they have to prove the debt is not statute barred, so that would mean providing proof a payment was made within the last six years.

They sometimes "invent" phantom payments to try to fool debtors into thinking a payment was made, however, it's one thing trying to deceive you or me, a totally different ball game attempting to defraud a judge.

swerveit

Good evening everyone: so an interesting twist:
Received a letter today, exactly 15 days before the hearing date order the following:
The hearing on the 6th of May 2015 at 2pm be Vacated.
Now I don't want to get to happy but from what I can find it suggests it's its been canceled or rendered void. One piece of paper saying one sentence?? What does this actually mean??

swerveit

Hearing vacated is this the same as case vacated??

rizla_king

No that would be discontinued. Probably some reason the court or creditor couldnt do that date after all, or needed changing. Call the court on Monday to see.

swerveit

Thanks I find it quite bizzare, that I received so little info...
"Hearing Vacated" haven't suggested another date just that simple sentence.
Having done a bit of googling hearing vacated means set aside/canceled.
This is off the back of me sending some quit daming evidence.

rizla_king

To cease the case they have to discontinue it. Unless you have received a notice of discontinuance the case is still live. Just no hearing scheduled at the moment.