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Everything posted by Tonka99

  1. Pompey Lets Hope 2010 is your year Tonks:)
  2. Hi kel Keep plodding along you will get there Best as always Tonks:)
  3. Thanks Andy & mkb:) I have looked at that one . Im concerned that **** are watching Really appreciate everyones help , Thanks Tonks:)
  4. Thanks Andy Ok well went to the CMC what a waste of time that was . The DDJ didnt even look at the Case Summary I did , the day before at 3 o clock we had a new witness statement sent down from Hove from the person who sold OH the Loan and PPI , this was agreed by the DDJ as we didnt object . Just needed to share this and ask if you have any Ideas ps **** didnt even get there case summary in just handed it to DDJ Thanks for your time Tonks:)
  5. Hello Andy & all:) I have some questions for you but will have to delete after;) THANKS T:)onks
  6. Hi Hunter Been following you , dont get stressed the morning posters will check it out for you , sometimes it all gets to much as i know , when you have to get something done to a deadline and feel the pressure to get it right . Help with arrive your doing great All the best Tonks:)
  7. Hello FDPM:) Well done on getting in there and giving the other side the two fingers up yours If you go to search at the top of the page and hit in "prefence accounts " you should be able to find some other threads which will help you with your case . I would think you will sleep better tonight as well All the best Tonks:)
  8. Hello FDPM Maybe you could email it to the court explain you didnt realise it had to be in 7 days before , FAO DJ x put your case no ect dont think you have anything to lose by trying . All the best Tonks:)
  9. :)Hello FDPM You need to hit the Red triangle bottem left hand corner to ask for help from the site team . I do not wish to comment but do wish you well im in court on Tuesday . Tonks:)
  10. H&H You have some really good advice here the Amended Defence is excellant well done to Lilly , Wishing you the best Tonks:)
  11. Hello Jessie Sorry to hear this you need to hit the RED Triangle at the bottem left hand side for the site team, to be aware of your need for urgent help I cant advise but wish you well Tonks:)
  12. Hello cymr Dont be frightened of them i hear what your saying there has been a few this last couple of weeks that havent done so well , there is always going to be you win some you lose some cases , I as you know won my SJ and am in court again on Tuesday , then again at the end of the month for the big one . We all learn as we go and sometimes it just is not enough , I have spent the last 9months on this case and am exhusted by it all, fed up and will be so glad when the case has finished , however if you are prepared to learn and listen it is quite possible to Win , ten years ago I would never have dreamt that I would be having to go to court to fight it out with Barristers DJ ,s ect most people on this site are unluckly in finding themselves in a postion of being taken to court , I am fortunate that I have such good advice to follow it is a self help site but the support and kindness of the people on it make it a nice place to have to come;) Never say Never do the best you can if you win its a big bonus . The thing that really grates at me is that **** watch my every move I think thats really sad , pity the Legals is open to guests I understand why it is , but it has been proved when **** barrister produced a copy of my DN taken from my thread into court that they are watching HELLO Anyway Cymr you go for it All the best Tonks:)
  13. Excellant News Very well done enjoy the rest of your day Tonks:)
  14. Hello Andy & all:) Thanks for all your help everybody :) I have a Wake here today and must get on with the catering wont be able to send this unless I can change a few things as suggested . Will do my best to fit it in Thanks to all xx Tonks
  15. Hello Andy & all This is my atempt at the Case Summary Its now 5.33am In the * County Court between Lloyds and Mr Tonka I) Mr Tonks of *************************************** am the Defendant in the above case and am a Litigant in Person Do not deny that a contract once existed between myself and the Claimant. 2 )On the 14th October 2006 the claimant advanced £25,000 into the defendants account Not £46021.92 as stated in the claimants 1st witness statement, also £7,745.30 was paid to Lloyds General Insurance Ltd / Prudential Assurance Co Ltd . The defendant had repeatly asked for sight of the Underwriting sheet for the Payment to the above named Insurance Company and any commissions to the Insurance company and the claimant's employee for the selling of the Loan Protection Insurance. On the 21st September 2009 at the **** county court before District Judge X an application was made for Specific disclosure : to which the claimant's counsel replied that no such documents existed , The District Judge had no option but to dismiss the application. 3) On the 8th January2008 the defendants wife Mrs Tonks after consulting The Citizen Advice Bureau had a meeting with my local branch manager Mr X to explain our Business had taken a considerable downturn in trade and we could not manage to pay both loans that we held with the bank, the defendant has been a customer of the bank for over 35 years and held a excellent credit rating , the banks manager Mr X would not offer any assistance to our proposal to consolidate the two loans. 4 On the 23rd April 2008 the defendant received a Letter before Action from the claimants collections centre it was dated 14th April 08 , I have retained the envelope the date of posting was the 17th April 08 2nd collection, the letter states “you must now pay the FULL balance” which the defendant assumed meant that the account had been Terminated. 5) On the 28th April the defendant requested a Subject Access Request Data Protection Act 1988 a receipt for the £10.00 Postal Order and Special Delivery posting have been kept. 6) On the 1st of May 2008 the defendant received a Default Notice dated the 24th April 2008 this also came from the claimants collection centre in Brighton the said Default Notice did not then give the defendant the clear 14 days to remedy the breech I put the claimant's to strict proof that they did indeed send the said Default Notice on the 24th April 2008. 7) If the termination followed on from the delivery of the Default Notice on the 1st May 2008 and which gave the defendant only 12 days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to the defendant in the default notice was a termination which did not then entitle the claimant to demand earlier payment. 8)The claimant's claim also included mis-sold Loan Protection Insurance a Counter-claim has been approved by District Judge X on 21st September 2009 9 )On the 13th May 2008 the claimant's Solicitors issued a Formal Demand 10) On the 3rd June 2008 the claimant's Solicitors issued another letter followed by on the 5th June yet another letter when in fact the defendant had not received the 1st letter dated the 3rd June 2008. 11) By now 36 days of the 40 days allowed had lapsed from the Subject Access Request to which to this day no reply has been forwarded . 12) On the 6th July 2008 the defendant sent a Section 77-79 request for a true copy of the Consumer Credit Agreement for the Loan Account no reply has ever been received. 13) On the 29th July 2008 the defendant received a card from Allied International Credit Ltd dated 21st July . 14) On the 11th August 2008 the defendant again sent a request under Section 77-79 for a copy of the Loan Agreement and also a Subject Access Request Data Protection Act 1988 to Allied International Credit Ltd to which it was replied “Your requests have been forwarded to Lloyds Bank who as Data Controller, will provide you within the prescribed time frame together with any additional information, which they may hold .No data was ever received . 15) It is averred that the claimant and its representatives have acted unreasonably in the selling of the Personal Unsecured Loan and the Loan Protection Insurance . And have not given enough help and support to the defendant to enable the debt to be discharged before starting Litigation. 16) At a Summary Judgement Hearing before Deputy District Judge X at ***** County Court on the 21st July 2009 . The DDJ found that the Consumer Credit Agreement 1974 did not comply with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in that the prescribed terms and the signature boxes were not contained within the four corners of the agreement and that no links could be found between the first document and the second document which the defendant signed . CASE SUMMARY FOR THE MIS-SOLD LOAN PROTECTION INSURANCE ________________________________________________________________________________ 1)On the 14th October2006 the defendant entered into a Person Loan contract with Lloyds TSB Bank PLC Account No ******* 2) At the time the defendant was 64 years of age 3)The defendant was self employed and held three accounts with Lloyds Bank one of which was and is a Business Account . 4) The defendant at the time had a Insurance Policy with Scottish Equitable to the sum of £120000 which can be clearly seen on the bank account statements DD £135.00 per month. 5 )The defendant had a pre existing medical condition which has since become far more serious 6) The defendant was not informed that Loan Protection Insurance was available at a later date or that it could be purchased from another source . 7) It is denied that a copy of your Personal Summary and Our Recommendations was issued at the time as the address on the copy supplied by the claimant's solicitors is different from the time the Loan Protection Insurance was sold to the defendant. 8)The defendant at the time knew nothing of consumer law and relied upon the advice and integrity of the banks representative Ms X who knew that the defendant was self employed as he held a business account at the same local branch in which Ms X is a representative Ms X would also have known that the defendant was 64 years of age as it is required as date of birth for the application and would have confirmed that the cover would only have been provided for 6 months until the defendants 65th birthday. 9)At the time the Loan Protection Insurance was sold the defendant had sold his business and was without a forwarding business or address . 10) The defendant then moved to Cornwall for the next four months until purchasing his now Business living in a touring Caravan . 11) In January2008 the defendants business took a considerable downturn in trade and the defendant was unable to honour the Personal Loan repayments . 12) Looking to the Loan Protection Insurance to finance repayments of the credit and charge for credit it was apparent that the defendant was now too old and not now able to claim for Unemployment , Accident or Sickness benefit or Hospitalisation Cover ,which in fact left the defendant with just a very expensive Life cover. 13) The Loan for the Loan Protection Insurance was £7745.30 total charge for credit £3140.26 had the Loan protection Insurance not been mis-sold the defendant may well have been able to afford the monthly payments to service the Personal Loan 14) The defendant would put the claimant to strict proof that no commissions have been paid to either Ms X or indeed to Lloyds General Insurance Ltd /Prudential Assurance Co Ltd STATEMENT OF TRUTH I Mr Tonks believe the above statements to be true and factual Signed today 11th November 2009 Well I have had enough for one day Advice comments please this has to be sent over to the court by 4pm today Thursday Thanks for looking and all your support everyone Tonks:)
  16. Hello All Been looking at the CCA could someone please tell me if a Loan for £25000 + LPI £7745 would still be regulated by the CCA1974 The full amount on the agreement is £46000 Thing is in SCuMs 1st witness statement they state paid into account £46000 now they are saying £32000 Thanks for looking im in for a late one Tonks:)
  17. Thanks for that Andy Will be on it later as im working now , shall I post it up for all to see before I send it over What your saying is that the case will not be decided at the CMC do I need to do a costs thingy also Joncris has posted on here about the C/C can you explain Thanks im back on track now Tonks:)
  18. Hello Andy :) No im scared at the moment having a real wobbler:eek: Just tell me to get it together please Tonks:)
  19. Hello all:) Ok have got the Order from the court Upon considering the court file upon transfer in It is Ordered that The matter be listed for a Case Management Confrerence on the ** Nov estimate time of 45 mins 1 At least 3 clear days before the hearing, the claimant shall file a case summary to identify the disputed issues( agreed with the defendant if possible) together with proposed directions. The defendant may also file a case summary and proposed directions and if so this should reach the court at least 3 clear days before the hearing. 2 the docs to be e-mailed 3 Should the parties agree directions and wish to vacate the CMC, the proposed agreeded directions should be filed 2 clear days prior to the cmc The proposed directions will be put before a DJ and the parties will be informed whether the CMC is vacated upon the specific agreement of a judge in exceptional circumstances. 4 The DJ has decided that this CMC is not suitable for a telephone hearing If I have to file a case summary it has to be at the court tomorrow at the latest . HELP Please Tonks:)
  20. Hello FDPM Can you give us a rough idea when your SJ is to take place have you got their WS have you sent yours to the court I won my SJ back in July and you need to trash their WS and produce enough evidence to convince the DJ that you can defend at trial Wishing you the best Tonks:)
  21. Summer Thats what i dont understand the Trial Window is set for 30th Nov- 4th Dec ,seems strange to throw this in so near to the trial Hope Andys around soon Tonks:)
  22. Hi Summer Thanks for the support , I think im on the right track have found the CPR part 3 The Courts case management powers Just hope the letter from the courts arrives tomorrow CHeers Tonks:)
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