Hi there.

I disputed a credit card account by LloydsTSB back in May 2009.

At the time I was receiving numerous phone calls to multiple households regarding this.

Firstly I requested paperwork to be able to arrange a payment plan based on my incoming and outgoings. this form never arrived.

I requested a proof of postage as i did not believe this form had been sent out. i never received this either.

My closing statement was this:

"Therefore I am requesting that you send me a verification and validation of the debt,

I understand that you are required to send this to me by law upon request and that all collections activity must cease until the requested information is provided

- this specifically includes any and all phone calls to any number regarding this issue.

Upon receipt of the requested information I would be happy to consider arrangements to repay any money that I legally owe."

The letter was sent recorded delivery and from the date of delivery I received no further communication from Lloyds regarding this.

All phone calls stopped and no more letters were sent by Lloyds.

Two (apparently) independent debt collectors wrote to me regarding the account and

I wrote back informing them that I was still awaiting documents from Lloyds and that until such documents were received

could they please ensure that they were acting in an appropriate and lawful manner.

Neither company wrote back.

2 letters were sent to an address in the last 2 months but were returned to sender.

Today a letter arrived from IND acting as claimant for this account with a vastly increased amount now totaling over £5000

This seems to be the standard claim form from IND. Northampton Crown Court.

I disputed the claim back in 2009 and have not acknowledged it since then.

If I respond to this letter then am I not acknowledging the account again?

If I ignore this then what is the worst that can happen? A CCJ?

Can I question the legitimacy of IND to even be acting in this way with no CCA or signed contract to be found anywhere?

As soon as we reach May 2015 this is 6 years old and null and void.

is this just a last ditch effort to try and scare me into acknowledging this debt?

Thanks in advance for any advice.

so you HAVE received a COURT claimform {CCBC N1]

Yes

Although this account was in dispute awaiting correspondence from Lloyds which was never given.

tough

NEVER ignore a claimform...ok back to basics FORGET all that has gone on in the past.

please fill this out and post the results here

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

Claimant: IND LTD

Date of Issue: 05 Sept 2014

Claim for Lloyds TSB credit card account

Value of claim £5184.00

Debt was assigned to IND LTD

Previous letters were returned unopened as I was not in residence at the property at the time.

Have not received any correspondence since 2009

Payments ceased due to a dispute over the interest and penalty charges.

Documents were requested from the original creditor which were not provided.

Financial problems were communicated to the original creditor relevant paperwork was not sent to be able to enter into a debt management plan.

I have read the CPR 31.14 request.

Should I add "statement of validation of the debt" to 6:

[any other documents mentioned in the Particulars of Claim]?

I will send this off pronto.

Oh and the original agreement was entered into back in 1996!

Within the particulars of the claim is this:

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 3/1/08 to 5/9/14 of 1,627.93

This is longer than 6 years, is this right?

When you sent this" Request for validation of the debt" what were you expecting to receive?

What you should have done was a CCA request together with the £1 statutory fee, without this I'm not at all surprised you received nothing back.

The interest will until judgement or earlier payment so it's right.

A CCA request is what you need to do now.

CPR31.14 will probably get the response that Claims Issued via NCCBCC cannot have documents attached.

What I wanted was a validation and verification of the debt. Proof of accounting that showed Lloyds were at any kind of a loss.

I want to re-iterate that the phone was ringing non stop, 9pm on a Sunday night, calling multiple households. This was happening on a daily basis and was consistent. They were also sending many letters.

Once I had sent this initial letter with the request on the end the phone calls stopped dead and did not start again. I also received no more letters from Lloyds. The collections activities from lloyds ceased with immediate effect and did not start again. Lloyds have not contacted me directly regarding this debt since they received my letter.

I am happy to do a CCA request was was waiting for Lloyds to respond before I did this they just never did.

I can send one now. I was only going to send a CPR31.14 as per instructions in the post above.

Thanks.

CCA request to IND is a MUST

if sols are mentioned send them the CPR

if IND get a CCA request out of Lloyds for a 1996 Credit CArd ...NO CHANCE!! i'll eat my hat

have you ACk'd the claim..Defend all?

dx

If you stopped payments for whatever reason,

dispute or no dispute the creditor will be at a loss,

if you have dispute start with the obvious such as the CCA request and if PPI /reclaimable penalty charges are a part of the debt a SAR is needed.

I've taken no action so far.

I should acknowledge the claim? Defend all?

Do I need to fill in the Defence and Counterclaim form?

Thanks again.

Hi Miscreant and welcome to CAG

The time line for you to follow is provided in the link by DX above post #5...

You dont have to complete any forms... all can be submitted on line if you follow the instructions on the claim form.

If you are defending you defend all...you are not counter claiming (I assume?)

Regards

Andy

just do as advised for now

nothing more

dx

Hi there. I sent a CCA request to IND last week. I sent it recorded delivery signed for, which is how I send everything.

As of yet they have not signed and received it.

Is there perhaps another address rather than the PO Box that they give?

Can they just refuse to sign for it and therefore not have to adhere to my request?

Acknowledgement of service has been submitted and I will now pursue IND for proof of claim. I will also hit Heggarty with a subject access request and IND with the same.

Do I have any grounds to contact Lloyds as the original creditor or is it better to remain out of contact with them seeing as I have been waiting 5 and a half years for their response to my last letter?

I assume that all of this will be submitted as my defense so the more groundwork I do now to deal with this directly the better?

Thanks again.

I personally would only approach the original creditor if IND failed to provide any information that is vital to your defence.

Not CPR or CCA requests

yep you don't need to do any sar's to anyone.

Even if they fail the CCA

you still DONT miss your filing date.

dx

Got a reply from IND today regarding my CCA request.

they have requested a copy from the original creditor (Lloyds) and will (apparently) forward me a copy of this once they receive it.

In light of this they have agreed to an extension of 28 days on the time allowed for me to file my defence.

They say I must inform the court of this in writing.

There is a dodgy squiggle at the bottom with IND LIMITED underneath. Haha.

I assume that this is 28 days on top of the time I had already been allowed (currently standing at about 14 days)

so I now have 42 days to submit my defence?

Can I notify the court of the extension through the online service or shall I just write them a short letter explaining what has happened?

Thanks for all your help so far,

already feeling better about this.

as such you can disregard what they say

you file the no paperwork/holding defence by your org deadline regardless.

they should not be filing a claim

hoping for a default non contested judgement.

dx

Thanks.

So by "no paperwork/holding defence" is there a preset method or template for dealing with this situation?

Can I do this through the online form?

I'm just asking as I do not want to give too much information.

Or can it just be really simple. eg.

"I am defending all of this claim as I dispute that the Claimant has any proof of claim and without such paperwork there is no cause for this matter to continue."

yes in many many threads in the forum you are in

and the DCA legal successes forum too

But you must adapt it to YOUR PoC.

dx

Thanks

http://www.consumeractiongroup.co.uk/forum/showthread.php?432030-Carter-lowells-Claimform-Very-old-Cat-debt/page2

Post #27 onwards Miscreant

Andy

Awesome Andy! Thankyou very much.

so you need to file by 4pm 7th October

a good few days away yet.

pers I'd be waiting incase the CCA turns up.

post your defence here before you file it via MCOL

dx

If I do get a CCA will you post a video of you eating your hat?

Within the particulars of the claim is this:

 

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 3/1/08 to 5/9/14 of 1,627.93

 

This is longer than 6 years, is this right?

just to add.

if there is judgment against, then challenge this.

6 yrs worth may be regarded as unreasonable.

around 1 yrs worth has been seen as reasonable in court (and some cred partics of claim re stat interest properly reflect that).

is for the j to decide at the end (if judgment) in consideration of the circs. eg why has it taken 6 yrs.