Hi Red, Thank you for the message and the suggestion, I'm really not sure whether to contact them or not. I actually got my statements back yesterday from them but still no copy of the loan agreement. Sorry I didnt get to reply sooner ... computer had issues again. Shall let you know how I get on. OD

Hi Red, How are you? Hows everything going with you? Haven't heard anything from Lloyds or S,C,M. Letter from the court is as follows .... 29th October 2007 Our reference 000000000 Your reference CASE NUMBER 00000000 LLOYDS TSB BANK PLC -v- MISS OD I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. Thats it .... thanks for thoughts Red : ) appreciate them .... Shall update as and when. Thoughts, nudges, nods and so on as always are welcome. OD

Hello all, The 12 days are up, so what do I do now regarding the credit agreement? Have been looking on here but am obviously having a hopeless moment as I'm not getting anywhere. I've also had a letter from the courts which I shall type up later. OD

Hello Red , Nice to hear from you. Hope you had a great half term. lol .. did I sound desperate?? *big sigh* Defence in as follows .... DEFENCE 1) The Defendant objects that the Claimant's statement of case does not comply with the Civil Procedure Rules Part 16 in that a copy of the purported written agreement between itself and the Defendant, which it cites in paragraph 2) and 3) of the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. The Defendant is therefore unable to plead specifically to the allegations contained within the Particulars of claim at this time. 2) The Defendant has repeatedly requested a copy of the written agreement cited by the Claimant in its Particulars of claim, along with other such documentation in respect of the Defendant's alleged indebtedness to the Claimant, under a Data Protection Act 1998 Section 7 "Right of Subject Access" request. 3) Further to paragraph 2) above, a demand has been submitted by the Defendant under section 77(1) of the Consumer Credit Act 1974, requiring the Claimant to provide true copies of the alleged original agreement, as well as true copies of all documents referred to therein. The Defendant avers that whilst a creditor fails to comply with such demand any agreement would be unenforceable in its entirety by virtue of section 77(4) of the Consumer Credit Act 1974. 4) The Defendant objects that this action has been brought prior to the Claimant providing essential information and documentation, as outlined in paragraph's 2) and 3) above, despite repeated requests that it do so. The Defendant avers that the Claimant has acted without adherence to or regard for the Pre Action Protocols of the Civil Procedure Rules. 5)Accordingly, the Defendant requests a stay in proceedings until such time as the Defendant complies with the requests outlined in paragraph's 2) or 3) above and is therefore able to provide the necessary documentation in order that it can plead its case in compliance with CPR 16. The Defendant reserves the right to then plead further to the Allegations contained within the Particulars of claim. Today received letter from lloyds which is below along with my cca request, cover letter and cheque all stapled together. Date 26/10/07 Dear Miss O Daisy Sort Code loan account Account Number 10000000000000 I refer to your recent request for copies of statements on your account to enable you to reconcile your bank charges. Having reviewed our records I note that the account number that you have quoted relates to your Lloyds Tsb loan account. The terms and conditions for this type of account did not allow for the items to be returned unpaid or for the account to go overdrawn. I can confirm therefore that this account has not incurred any returned item charges or overdraft excess fees. With this in mind we have not generated copy statements for this account. Yours sincerely squiggle Copy Statement Unit. Any suggestions as what to do with cca request, cover letter and cheque now? Resend it? The 12 days are nearly up now, I seriously don't know what they are playing at. Thoughts, ideas, help and advice all greatly welcomed. Thank you OD

Hello .... defence filed just now ... borrowed from Pens thread with a couple of tweaks .... Shall post it up probably tomorrow ... need to take break from this grrrrr OD

Help .. have to file defence today ... am nervous about this one ... still havent got any of the information requested .. which isnt surprising .. I know I'm going down the line of charges on cc and od hence refinance. I'm just worried about the wording and so on I guess ... any help gladly appreciated if not fingers crossed would be good too. OD

Still no word from S,C,M ... no CCA from lloyds .. Have to have my defence in on Saturday, am starting to worry that without the information I've requested I'm not going to get too far. Any ideas anyone?

Thank you Rory .... done as suggested ... out in post tomorrow. Still haven't heard from S,C,M, which isn't surprising. OD

Thank you Rory .... shall type up and resend letter tomorrow. OD

Hi Red, Thank you for everything ... nice to know youre still here even if quiet .. OD x Right here goes ..... Yesterday received 2 letters from lloyds. 1. Was my credit agreement request with the one pound cheque and the following letter ... Dear Sort Code Account Number I refer to your recent request for coppies of statements on your account to enable you to reconcile your bank charges. Having reviewed our records I note that the account number that you have quoted relates to your Lloyds TSB loan account. The terms and conditions for this type of account did not allow for items to be returned unpaid or for the account to go overdrawn. I can confirm therefor that this account has not incured any returned item charges or overdraft excess fees. With this in mind we have not generated copy statements for this account. Yours sincerely Copy Statement Unit. 1. do I resend the request? 2. as they havent cashed the pound cheque can it even be counted as being asked for? 3 I got reply but it wasnt anything to do with the request for copy of agreement, obviously I keep this for court but what now? 4. Do I still count down days till 12 days have lapsed even tho they have replied with wrong letter? 2nd letter was S.A.R - (Subject Access Request) request loan account number hi lighted in lovely pink cheque not returned as did S.A.R - (Subject Access Request) for credit card also and following letter ( which is the same as the above but this time they bothered to fill it in and sign it) Date 18/10/07 Our reference 18/10 Dear Miss O Daisy Sort Code loan account Account Number 10000000000000 I refer to your recent request for copies of statements on your account to enable you to reconcile your bank charges. Having reviewed our records I note that the account number that you have quoted relates to your Lloyds Tsb loan account. The terms and conditions for this type of account did not allow for the items to be returned unpaid or for the account to go overdrawn. I can confirm therefore that this account has not incurred and returned item charges or overdraft excess fees. With this in mind we have not generated copy statements for this account. Yours sincerely sa Copy Statement Unit. Can someone please advise as to what to do with the request for my credit agreement. Thank you OD

Hi Rich, Thank you for that OD

Hi Red, Shall keep you posted ... Thank you as always for the support means a lot OD

Hi Red, Letters were sent this morning .. scm letter sent next day delivery sar and cca78/79 sent recorded. I am ok with everything so far thanks to you, rory and pete... big ty They lowered the payments to help as situation changed and couldnt meet them. Am sure I havent received the LBA. OD

Hello all, Thank you for all your help and information am busy typing and copying and preparing to send out the letters and so forth. ''You also need to dispute the action on the grounds that there has been no LBA. Have you received a default notice regarding this account and a Notice of Assignment?'' Dispute action because of no lba with scm? Didnt get a default notice but according to particulars of claim they say they issued one on the 17/03/06, which now I've reread confuses me even more. Particulars of claim. 1 The Claimants are bankers carrying on business at their central loan processing unit and elsewhere. 2 The defendant is indebted to the claimants in the sum of 9307.84 in respect of accounts maintained by the defendant with the claimants said branch being money lent to the defendant by way of an agreement(s) regulated by the consumer credit act 1974. 3. In breach of the agreement the defendant failed to make payment and on the 17/03/06 the claimants did issue a default notice pursuant to section 87(i) of the consumer credit act 1974. 4. By lettter of 03/02/07, from the claimants to the defendant, the claimants demanded repayment of the said sum, but the defendant has failed to repay the said sum or any of it. 5. In the premises, the defendant is indebted to the claimants in the sum of 9307.84 6.THE CLAIMANTS THEREFORE CLAIM THE BALANCE. If it was defaulted last yr would they not have done something sooner when I still had an account with them? I remember they lowered payments on the loan at one point.

Pete and Red, Thank you very much for your advice really is appreciated. Have filed an acknowledgement of service stating I intend to defend part of the claim online this afternoon, which gives me a few more days (14) to get my defence together and send off the SAR. Any other pointers would be greatly appreciated. OD