the situation is we have to go to court on the 16th november as they are asking court for our defence to be struck out and the case awarded to them ... we only put embarrassed defence in as we were waiting for directions after submitting our AQ . it looks like lloyds did not complete theirs but went for straight to this ... I have received a court bundle from them which relates to the hearing ... the bundle just contains all the letters and statements i have had before . I feel we are in good position as in that bundle there are two statements both giving a different address as to where the DN was sent and that is our main defence ( we did not receive it ) . Just need to know what i need to to with regards to paperwork in regards to this hearing as if i have to send anything in will have to do it soon .. thanks for your help

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soory have been away so long .. have had other probs to deal with !!! .... so from what i understand from above i dont have to put in an ammended defence at this point ??? also if i am relying on their written evidence to be my defence ( they have contradicted theirselves on dn on their court bundle ) .. do i have to send it in again or just refer to their court bundle ???

the latter i believe r&b , we had filled in allocation request , was waiting for court directions as to track etc and then got this application to have defence struck out through the post

thanks spam . will try and persuade wife to give them a ring .. she is very nervous about the whole thing and hopefully someone can give me a hand on the ammended defence

also when i put that defence in i dont think we had received all the papers under cpr yet .

i filed the defence that was on here . it was only meant as a holding defence until we got directions from the court . having read it again i agree the assignment thing is not relevant . have just looked and they have actually replied to that point saying they have not assigned it so at least they answered the point . Do i need to put an ammended defence in before the date given for the hearing to have the defence set aside ??

thanks a lot spam ... it is quite a muddled thread but here are the salient points as i see it which would form the defence . 1. Have received cca signed .The cca does not have presrcribed terms on the front ... they say they were on reverse but at top of cca it says page 1 of 3 so dont see how that can be ?. Also the terms sent by solicitors vary ( only very slightly) from ones sent by lloyds tsb in response to cca so dont see how both can be accurate . 2. My wife definately did not receive DN . They have now quoted two addresses as to where they sent it . 3. In their witness statement they have said .. Mrs lafey used card for purchases and cash advances . However they can only produce statements from 2002 .. and there are no purchases on any of them ... only interest and payments !! 4.The account number being chased for is not same as was signed for . They say they have changed the account number but cannot .... or will not ... say when this happened and provide proof as to this . I would have thought that the above would have brought more than enough doubt on to their handling of the whole situation

hi spamalot ... its an n244 application notice asking for the defence to be struck out and judgement entered for the claimant . it says lloyds believes that the defendant has no real chance of success and that there is no other compelling reason why the case should be disposed of at a trial . as i said i was still waiting for an allocation of some sort from the court when this came through . they have also attached all the documents they had previously sent to me under cpr . as i said before our main defence was that we had not received the DN . and in this bundle they say they sent it to our current address ... yet in a letter previously ( also included in this bundle ) they say they sent it to our previous address .... do you think any defence would have to be along the lines of ... if they are giving two seperate addresses as to where it was sent how can they be sure ??? ant ideas on how to proceed from now ?

still bumping ... would i be better starting a new thread ?

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hi everyone .... its been quite a while ... was hoping it had gone away but got letter in post from court !!!!!. lloyds asking to have defence set aside and judgment made . have court date for november . i have never recieved directions or anything from the court after i filled in the allocation questionnaire !! . just this court date to have defence set aside . i have not put in ammended defence as i was waiting for something from the court .... any ideas as what i have to do next !!!!

this reminds me of a funny story from a few years ago . I was going into town and my father in law gave me some cash and his card bill and asked if i could pop in bank to pay it ... when i got to counter the clerk tapped a few buttons and said ... we can offer you a loan for 12k ..... i said thats very nice of you !!! .. she asked if i would want to pay this card off with it ... i said no ( after all it was my father in laws !! lol) .. she said no problem what would you use the money for ... i said probably a new car ...... this went on for a while and she printed something off and said .. all you need to do is sign this mr xxx ( my father in laws name ) ... you can guessthe rest !!!!! she wasnt very happy but i couldnt help laughing.... but she hadnt once asked me to confirm my name date of birth address or anything ..... if looks could kill !!!!!!

I think a DN may have saved my day on a case that should be going to court soon . They posted it to address A and are saying that was the current address they had for me . But when i got statements they had sent a statement to address B ( correct one ) one day earlier !!! .... Good news i hope !!!

just one thing supasnooper .... they have already confirmed that they do not have the agreemnet .. does it make a difference ???

thanks will send that off . at least then if anothe dca appears i can give them date it was put in dispute etc .. thanks

i wouldnt have though so .. they were both catalogue accounts .... might be worth a cpr though ..... would that still be to the OC even though it has been assigned ???

i had two debts being assigned to lowell . I CCAd them and have letters back from each OC ( two companies of the same group ) stating that they do not have the original agreements but sending me a copy of the current T and C s ( which i must thank them for !! ) . do i need to do anything else now or just wait to see if it gets thrown round any more DCAs ???

thats great .. thanks for that ... will come update when get directions etc ... thankyou everyone for their help so far ..... it is really appreciated

i think now thats decided am ok for the moment . Think i will ask for fast track to ensure disclosure . will send AQ of nearer the time it has to be in . Just one thing i was going to ask ..... As i said in the opening post ... the card is in my wifes name .. she is extremely worried about the possibility of having to stand up in court and quote case law etc ... is there any way i can represent her or can i only be there as a mackenzie friend ???

so just keep it for court ??? was thinking that but on the other hand thought it might show the judge that i had attempted to save the courts time etc etc ....

would really appreciate any help !!!

bump .......

anybody about on a sunday morning ??? lol

sorry to bump but was hoping to put plan of action together tomorrow ... so would a letter to their solictors telling them they have mucked up be good idea or not ??? would they be able to concoct something if i open their eyes to it ???