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  1. Hi, I have received a claim form from LLoyds TSB relating to a loan that I took with them in 2005. It was an online application so I never spoke to anyone either on the phone or in person. The loan was stated as being non-cancellable, and I wonder how this can be and why it didn't come under the FSA Distance Marketing REgulations? Also, I was in financial trouble when I took the loan so in my opinion it was not a responsible lending decision by Lloyds. I have requested my CCA and have received 2 pages which don't incorporate any terms and conditions (I have compared it to the original that I have which has about 3 pages of them). I want to defend the claim because i don'#t want a CCJ not because I don't want to pay them and wonder if any parts of the above can be used in my defence? Thanks for any help
  2. Yes, thanks I found that and have now completed it and sent it off.
  3. Hi, I came across this thread whilst looking for info on how to complete my allocation questionnaire. It relates to an Egg Loan and I am defending the CCJ. I initially thought that I had found just what I was looking for on here, but having read further, it appears that this thread deals with the issue of bank charges? If this is the case, presumably the draft directions given on page 1 are not appropriate for my case? Can i just amend it to request copies of statements, payments made, charges incurred,and of course the T&C's which have never been supplied (this is the basis of my defence at the moment). it is due to today, is it a massive problem if it's late? Thanks for any help
  4. Hello, I have been researching the forum for an answere to my questions concerning the above, but I'm getting rather confused, so thought I would create a thread of my own to ask the questions, as this needs to be dealt with before Monday. My OH received a claim form from Bryan Carter re an Egg Loan, which I defended on the basis that the CCA was unenforceable in as much as it contained no Terms and Conditions and no statement of account, as requested was ever produced. Having now received the AQ, I'm not sure how to proceed. I think that I need to write to Mr Carter requesting further documents under the CP rules - is that correct? What happens if my AQ is late back to the Court? I haven't received a copy of his yet, so I assume that he hasn't filed his either yet? Sorry, lots of questions, but if anyone can spoon feed me through my next steps, I'd be incredibly grateful
  5. Hi there, just been reading this thread with interest as I am in exactyly the same boat with Egg/Brian Carter. Don't want to hijack someone else's thread, but I am sure my questions may benefit the OP too. Received a claim form and submitted a defence on the basis that a non compliant CCA was supplied (no T&C's were included and statement of account never received). I have now received an allocation questionnaire which i intend to return (it's due by Monday) but on reading this thread, it appears I should be doing more? Should I be sending SAR to egg and sending a further request to Mr Carter to provide the T&C's and Statement of Account previously missing from my CCA request? Also what happens after I return the Allocation Questionnaire - is it immediately listed for a hearing? Does the AQ get sent out by the COurt automatically and does it necessarily mean that Mr Carter intends to pursue the claim notwithstanding my defence? Sorry for all the questions but again, hopefully the answers will benefit OP too. Thanks
  6. Hi, I used to be a property lawyer but haven't practised for a couple of years, but my advice would be to get back in touch with the solicitor who acted for them in the purchase pronto! No property lawyer in their right mind would accept utility bills as "proof" that a propety had been legally converted and should have checked that planning permission exisited as this would have been a pre-requisite for the conversion. If your daughter had a mortgage, then the lender would also have expected the lawyer to have made the proper checks to safeguars their security. I would say that the lawyer was negligent so speak to them quickly and it may also be worth speaking to the lender. They will be concerned if the property is at risk because it affects their loan and they may help in getting the solicitor who acted to sort it out. Hope this helps
  7. HI, We have received a County Court Summons from Brian Carter Solicitors in relation to an egg loan. We requested a copy of the CCA which was sent about 4 months after request with no T&C attached and no statement of account. I think I am going to defend the claim on the basis of the loan agreement being unenforceable on the following grounds: 1. The loan is in joint names but the CC summons is addressed only to my husband? 2. That there are no T&C attached to the agreement, no total amount repayable and they have not provided a statement of account? Could anyone comment on this and perhaps offer any advice? Also what is the position if I defend and lose? Obviously judgement will be entered but if we don't provide income and expenditure, how do I know that the court won't set a payment that I can't afford? Thanks for any help.
  8. Thanks for your response and info. I'm having problems with my scanner but will try and post the CCA as soon as I can. Any ideas on whether the non compliance with the cooling off period is something worth pursuing? Also regarding the 14 days to respond and then 14 days to file defence, sorry to be thick but is that 28 days in all? I thought I had to acknowlege AND file defence within 14 days?
  9. Hello, I am new to this forum and apologise if this question has been asked a zillion times before - I'm sure it has but it is difficult to find the answer to a question in the midst of all the threads, but if anyone could point me in the right direction I would be v grateful. I have just started a DMP with CCCS and most creditors are ok apart from NR, who refused it immediately. I have a couple of days ago received court papers from them re a CCJ and I know they will want to pursue this to a Charging Order. I think I am straight with regards to how to defend these procedures but I do have a question about the CCA. I requested this on 15 April and on 22 April, I received a photocopy of a fax of a CCA. I know it's a fax cos you can see the fax transmission info on the bottom. I have the following questions in respect of what I have received: 1. As it just a fax, if they do not have one with my original signature on, is this good enough? 2. It is not signed or dated by NR - does it need to be? 3. It is not the entire agreement - just the first page - it does contain loan amount, APR, number of repayments etc, but also refers to further clauses (as in "you attention is drawn to clause 4a overleaf" but they haven't supplied these pages). 4. The agreement was subject to a 7 days cooling off period,(this is printed on the bottom of the agreement) but we never had seven days cooling off. The agreement was signed on 26 March 01 and the loan was made to us on 30 March 01. We did not sign anything to say that we would "waive" the cooling off period. Are any of these points a good enough reason to state that the loan is not enforceable? I am happy to pay it in line with my DMP, but really want to avoid a CCJ and Charging Order if possible. Many thanks for any advice.
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