Hi everybody,

Brief summary to date

I have received a claim form for a credit card account from 2003

I sent the OC a CCA request in Feb 2009. They did not respond and I sent the account in dispute letter in March 2009.

The OC then continued to pursue the account, sent a default notice and then their solicitors demanded the full amount. This was all whilst the account was in dispute, awaiting a copy of the agreement.

The account was then passed to various collectors with the usual barrage of telephone calls and letters.

Some 12 months after my initial CCA request, and after the above actions, the OC sent me a reconstructed CAA agreement, but this contains a lot of wrong information and cannot be classed as a true copy. They go onto state that they are still looking for the original, but they would not have opened an account without having sight of it and that this satisfies my CCA request! I have no recollection of ever signing an agreement in the first place.

The account then passed to the current DCA who have issued the claim.

Were the OC allowed to sent out the default notice and demand earlier repayment whilst the account was in a legitimate dispute?

Thanks.

I have uploaded the default notice originally received. What strikes me as odd, is that it does not refer to any specific paragraphs of any terms and conditions. Even if it did, having not had any received from the OC following non compliance to the CAA I would not have been able to verify them.

Can anyone offer any advice as to whether this would invalidate the DN, or the fact it was sent whilst the account was in dispute?

Thanks.

[ATTACH=CONFIG]53857[/ATTACH]

If you could read and complete the following Needabreak...posting your responses here to enable the correct advice.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

Regards

Andy

Name of the Claimant ?

Drydens/Capquest/LloydsTSB

Date of issue?

25th Sept 2014

What is the claim for?

The claim is for the sum of 11,712.50 in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under the account number XXXX XXXX XXXX XXXX upon which the defendant failed to maintain payments.

A default notice was served upon the defendant and has not been complied with.

By virtue of a sale agreement between Lloyds Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

What is the value of the claim?

11,712.50 Claim

410.00 Court fee

100.00 Solicitors Costs

Total 12,222.50

Has the claimant included section 69 interest (8%) within the total claim or is it shown separate within the Particulars but not added to the debt?

No Interest claimed for.

Is the claim for a current or credit/loan account or mobile phone account? When did you enter into the original agreement before or after 2007?

Credit Card, going back to 2003,

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim?

Debt Purchaser has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I received a letter saying the debt was sold, whilst the account was still in dispute.

Did you receive a Default Notice from the original creditor?

Yes, whilst the account was in dispute door to failure to supply a true copy of the credit agreement uploaded to this thread

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year?

No.

Why did you cease payments:-

Got into financial difficulty in 2009 following liquidation of business.

Was there a dispute with the original creditor that remains unresolved?

Yes, non compliance with a request to section 78 of the CCA1974, then failing to supply a true copy of the same.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Communicated difficulties, and sent CCA request. I was not in a position at the time to pay anything to anyone.

have you done AOS?

and sent anew CCA request & a CPR 31:14?

you need to file your defence by Monday midnight.

Yes, I have done the AOS online defending all within the time period

I did send SAR to OC recorded yesterday, but did not CPR or CCA. Should I do this now, or is it too late?

I have left things a bit late, but have been searching the net and my files as this is over 5 years old now. I assumed as the account was in dispute this long that they would not be able to enforce.

yes now

CCA is the most important one of all!!

as they MUST comply.

for the DN wriggles.

dx

yes now

 

 

CCA is the most important one of all!!

 

 

as they MUST comply.

 

 

for the DN wriggles.

 

 

dx

Thanks for your help I have sent the CPR and CCA yesterday.

Can I ask what you mean by "for the DN wriggles" ?

Can anyone point me in the direction of a defence I can use in absence of the documents mentioned in the POC..Thanks, I don't have much time to submit one unless the claimants agree to an extension.

theres nowt wrong with the DN.

the holding def is in most threads here

by Monday midnight

adapt it to your PoC

post it up first

I believe my defence has to be in by 4pm today, or it counts as being received the following day?

I believe my defence has to be in by 4pm today, or it counts as being received the following day?

Correct.....4.00pm is the cut off

Andy, can you have a quick look at my defence please if you can.

DEFENCE

1. I XXXXX am the defendant in this action and make the following statement as my defence to the claim brought by the claimant.
    
   
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made by the claimant’s Particulars of Claim and put the Claimant to strict proof.
    
   
3. The Claimants Statement of Case fails to comply with the requirements of the Civil Procedure Rules in so far as the required Statement of Truth is not verified as it has been signed as a ‘company/firm’ and not a ‘legal representative’ therefore does not comply with CPR Part 22.1 (6)(a)(ii) (Practice Direction 22 3.10* “A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.” )
    
   
4. Under CPR part 22.2 (1)(b) (Practice Direction22 4.1 “If a statement of case is not verified by a statement of truth, the statement of case will remain effective unless it is struck out5, but a party may not rely on the contents of a statement of case as evidence until it has been verified by a statement of truth.”)
    
   
5. The defendant has in accordance with CPR 31.14 requested copies of the documents mentioned in the unverified particulars of claim form the claimant’s solicitors on 24th October 2014.
    
   
6. I deny ever signing the alleged credit agreement mentioned in paragraph 1 of the Claimant’s particulars of claim between Lloyds Banking group and the defendant. It is believed that I agreed to receiving a credit card following a request by the bank to attend an in branch ‘review’ of my account where this and other insurance/pension/payment protection cover products were offered by the financial advisor, and a follow up phone call from another of the banks personnel.The credit card subsequently arrived in the post.
    
   
7. The same alleged credit agreement mentioned in paragraph 1 of the Claimant’s particulars of claim between Lloyds Banking group and the defendant has been in dispute since 10th March 2009. A failure of the bank to fully comply with a request under section 78(1) of the Consumer Credit Act 1974 (CCA) to supply a copy of the credit agreement and terms and conditions has put the bank into default of this section, and whilst the default continues, by virtue of section 78(6) they are not entitled to enforce the agreement.
    
   
8. Around the time I was experiencing financial difficulties due to redundancy and receiving many phone calls from the bank’s collection departments (and others), it was one of the banks own personal that highlighted the fact that I could put in a request under the CCA rules for a copy of my agreement and it would only cost me a pound. This led to the action in the above paragraph.
    
   
9. Without a signed agreement complying fully with the rules as laid down in the CCA 1974 (as amended), the agreement is unenforceable under section 127
    
   
10. In a letter received from the bank dated 12th February 2010, the bank state that they are “endeavouring to locate a copy of the signed agreement”, but to date, well over five years later, nothing has ever been forthcoming in this respect.
     
    
11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    

Statement of truth

I believe that the facts stated in this defence are true.

where did you get that from?

use this

but adapt to suit

http://www.consumeractiongroup.co.uk/forum/showthread.php?433834-Claim-Form-Marlin-Mortimer-EGG-Credit-Card-.debt-(1-Viewing)-nbsp&p=4637274#post4637274

What is the claim for?

1.The claim is for the sum of 11,712.50 in respect of monies owing by the defendant

on a credit agreement held by the defendant with Lloyds Banking Group

under the account number XXXX XXXX XXXX XXXX upon which the defendant failed to maintain payments.

2.A default notice was served upon the defendant and has not been complied with.

3,By virtue of a sale agreement between Lloyds Banking Group and the claimant,

the claim vested in the claimant who has a genuine commercial interest.

The defendant has been notified of the assignment by letter.

Thanks DX

I amended mine best I could and got it in with seconds to spare (literally)

The Sols didn't write back to me agreeing to any extension to time under CPR 15.5 to submitting my defence.

I sent my SAR by first class recorded post on the 23/10/14. So far it does not have seem to have arrived! It included the £10 Postal Order.

How can I check if the postal order has been cashed? I can't seem find the info easily.

Also, is the address correct? The address exists on the address finder and google street map confirms this is a Lloyds Banking Group Building

Lloyds TSB Bank PLC

DSAR Team

Charlton Place C46

Andover

Hampshire

SP10 1RE

I wouldn't worry too much about the sar.

the important one for your case is the CCA

dx

I sent my SAR by first class recorded post on the 23/10/14. So far it does not have seem to have arrived! It included the £10 Postal Order.

 

How can I check if the postal order has been cashed? I can't seem find the info easily.

 

Also, is the address correct? The address exists on the address finder and google street map confirms this is a Lloyds Banking Group Building

 

Lloyds TSB Bank PLC

DSAR Team

Charlton Place C46

Andover

Hampshire

SP10 1RE

yes, is right address for their dsar

sometimes the RM tracking doesnt show properly, i guess is re bulk deliveries. if not shown though as delivered/signed for, then complain to RM, (cause no doubt it has been delivered, and loyds will write to you just now saying rec'd/dealing), and that is the service you paid for.

Thanks Ford for confirming that. I will leave it a while to see if I get a reply letter.

Got an email from the solicitors today, saying they have sent a request to the claimant for the 31.14 documents!! and they agree to a 28 day extension. Trouble is this is two days after the final defence deadline so about as much use as a chocolate fire guard! I replied that I noted their late agreement to the cpr15.5 request, and that a defence had been filed before the deadline.

I guess I wait for the CCA request to expire, then write a dispute letter?

nope you don't send anything

the next move is theirs now

dx

I have received a letter from Lloyds SAR team saying the don't have an up to date signature for me and to send in certified copies!!

I don't want to do this for obvious reasons and they have offered alternative of 'parcel' to a local branch for collection.

Is this standard, or is there anything I should write back. Thanks.

parcel to local bank, yes, that's std.

dx