This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Eep, I know I havn't been on here for ages but I thought I'd get you all updated! My AQ has been processed (took long enough!) and I recieved a letter from the courts today. Action has been stayed for 3 months to "allow for test cases currently being heard." and the defendants solicitors must notify the court of the result of any relevant test cases by 1 November. I have 7 days to make an application to object to this order, which obviously I will be doing. Has anyone got any helpful comments towards doing this? I will point towards Elliot vs. Lloyds as a test case and the outcome of that, and point out that all of these cases are settled before they get to court. Any other information people can give me which I can put in my letter would be very much appreciated..... Thanks

Eep, moneyclaim is showing Lloyds have filed a defence- with only a day to go! Now, advice please...should I ring their solicitors once I have a copy of the defence, just to see how the land lies and whether they might settle at this point? Or should I just wait and see what happens, and get on with the AQ when it arrives? Of course, in an ideal world, a settlement letter will follow very shortly...I know its happened to quite a few people straight after receiving a defence. *fingers crossed* Ohhh, I'm not sure I can take all this excitement! ;-)

Welcome, and good luck...the fun is just beginning!

They could refund immediately if they wanted to- sounds like they are giving you the run around , well done for standing your ground. I'll be watching with interest!

Surprise surprise, Lloyds have acknowledged my claim! Now I just need to hang on and see if I get a letter from them, or a defence..... The claim was acknowledged by Sechiari Clark and Mitchell rather than their usual people. Can't wait to see what happens....

The spreadsheet works out the interest on each charge...you only need to enter the total interest! And then the daily rate which would be charged after that! You should be able to fit it on

I just entered it into the speadsheet, with yesterdays date to tell me how much interest would accrue in a day, when I did mine.... Don't forget to open any interesting looking letters which come for me whilst I'm away so that you can let me know any good news!

Yup, it's from the date of the first charge....you can use the spreadsheet to calculate all the interest if you put all your charges in there. As for being skint, you can always wait a week and see what lloyds do with my claim, and if they pay up you know I'll happily lend money to the "lets screw Natwest" campaign *mwah*

Fantastic- Well done! You have already broken number 5 though, so I hope that you're going to tell them where they can stick their confidentiality ;-) And make sure that you can still claim in future too......

Claim has now been marked accepted- so I expect it will be served after the bank holiday. Now the worst bit- the waiting! I fully expect them to defend, as that seems to be their tactic at the moment. I'm not actually feeling that daunted by it now though They might be trying different defence tactics now but they forget one crucial thing- they won't win against any of us, because THEY ARE IN THE WRONG. And therefore, any defence they come up with is going to be pants!

Oooh, well done on the Halifax front! I'm sure Lloyds will back down soon Thanks for the support- I'm sure it'll be worth being a bit skint this month for the big return I'm going to get the month after! *grin* I have all the time in the world and lots of faith!

Moneyclaim will be filed when I get home tonight *excited* Have seen quite a few examples of what to put in there so I should be ok- any last tips though? My claim is for just under £1,500 (excluding interest)- will I have to pay an extra fee when it comes to the allocation questionaire? I really didn't want it to get this far- but they asked for it!

Good luck! I decided not to send a letter back in the end- I'm just going to ignore them. Have hecked my credit record and there is nothingunder my current address to suggest I owe anything to them so they can get lost! I'm still getting the letters, but they are pretty easy to not take seriously now Can't wait to see what response you get from them!

Oooh, good luck! You brave woman!

I'm in a similar position- but am taking it as an opportunity to get out of debt You're going to have to pay it back one day- think of it as one less debt leaching from your income every month......

Lloyds have been funny with some people, but I shouldn't think they can do anything with your other accounts (unless you are in debt/going over your limit on them, then they may be able to cancel them saying that you have not been operating them within the T & C's.) As for your credit card/loan...the worst they could do is demand repayment (at a rate suitable to your budget), which I assume you're already doing, so if I were you I wouldn't worry

LBA = Letter before action, the second letter you send requesting payment, after which you take them to court. I suggest you go and read the FAQ's (at the top of the forum) carefully before you take action, and keep an eye on peoples threads so that you get familiar with how things work.... Its a good idea to start your own thread too, that way people can come and give you advice/support/follow your claim there. Good luck!

When I go home tonight there was a "notice of court action" from Mckenzie Hall, which was dated the 3rd, and said that unless they received payment by the 10th they would take action! It's pretty obvious this was posted yesterday after I spoke to them. Thier client is Hilco Receivables, who are another debt collectors who I had never heard of until today! I have decided the best course of action, which is a mish mash of Semionole's (thankyou dear, do say if you mind me using it!) and a letter from the nation debt website. Comments and suggestions would be very useful, what do you guys think of it?: Dear Mr Cross, In response to your letters, dated the 4th of May (which I did not receive until the 10th May) and 3rd May (which I did not receive until the 11th May), I need you to clarify the particulars of your claim before I can discuss this matter further. I do not acknowledge any debt to your clients, Hilco Receivables and have never received any correspondence from them. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. I understand that a copy of this agreement should be supplied within twelve days. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Therefore, you must also show that any debt you require payment of has been acknowledged by me in writing within the last six years. I request that once you have provided this information, all other contact be through letter, and that any further letters have dates which accurately reflect the date on which they were sent. I will not discuss this matter over the telephone as I find your staff to be rude, pushy and unhelpful. Yours sincerely, Sweetcyanide

I would do, then if it goes to court you've shown that you've given them a reaonable amount of time. Maybe even send them another letter after 7 day saying "I appreciate this is your final view, so you have another 7 days to reconsider after which I shall be filing my claim". I know I'll have to give the 14 days as I won't have any money to file my claim until then!

Good luck, I've just sent my LBA and am expecting exactly the same response shortly.....

Good luck, here's hoping they crumble at the last minute! *fingers crossed*

That sounds very dodgy. If you have money in your account I'm sure they can't cancel any DDs or Standing orders without notifying you. I'm going to have to watch out for this one, as I have lots of DD's on my account. They've actually been pretty good with me so far, so I havn't used my parachute account yet but one wiff of them doing anything like that and I'll be moving, permanently! Good luck with sorting them out....

I'm just refusing to deal with them by phone. The are rude and bullying, and I don't have to listen to that especially if they phone when I'm at work. I'm going to be doing the same as you, definitely. I'll send the letter asking for proof and details, if they can't provide it then tough! Hopefully that'll scare them off. I'm just waiting to get a copy of my credit report first though, so that I'm clearer about how long ago the debt relates to, and to see what damage has been done!