Just another bump..

could really do with a bit of help.

getting worried now I have seen the credit agreement, I was hoping it couldnt be found!!

Can never remeber seeing a default notice and I think its funny that they havent sent one as requested on my CPR request.

Do I send them another request asking again for the default notice?

Does anyone know of any other threads were they have had the case struck out due to the absense of a default notice and no notice of assignement?

bump?

any advise on the absence of default notice and NOA

Had a nasty shock today, got a nice brown envelope delivered which contained the response to my CPR request.

Inside was a credit agreement which looks enforceable (I will post it up later) and statements for the account.

There was no default notice or notice of assignment.

Do I still have a defence based on the absence of the default a NOS?

What next?

I'm not sure if I ever seen a NOA, it went straight from crapone to robway.

Just a quick update and need a few opinions.

I recieved a letter from the court dated 15th March stating that they had recieved my defence and that the claimant had 28 days to instruct if they want to continue.

They have also advised that I should make contact with the claimant to try to resolve the matter.

I still havent recieved anything back from my CPR request yet.

Should I do anything?

what your thoughts on them proceeding with the claim?

should I try to negotiate with them?

anyone?

well what a suprise I got this mornings post!!

A formal final demand letter in a nice shade of pink from the lewis group instructing i must pay the full amount within 2 days..

any idea how I should reply to these.

just a re-cap on the history of this account.

I was paying HFC 20 a month for a couple of years.

debt sold to CL finance, I continued to pay HFC

CL raised a claim against my I dfended.

During the claim I CCA requested CL they sent a letter saying they were sending me the documentation, nothing ever came.

CL didnt show up in court and the claim was struck out.

I think i have kept to the deadlines, I'm not sure if when you have 28 days if its working days or normal calander days.

many thanks for your help bazaar

Hi bazaar

I sent the defence online

The claimant is Robinson Way LTD.

I have posted the defence off as above due to the time running out.

not to sure what happens next

I'm thinking of filing the following defence which I found on another thread.

1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

2) It is Not admitted that I signed any agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

3) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

4) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

5) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing.

6) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

7) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all.

Statement of Truth

I believe that the facts stated in this defence are true.

Signed

xxxxxxx

Defendant

Bump.. anyone?

any advise would be good.

I have to get my defence of this weekend.

Hi I have acknoledged the claim and need to get the defence in pretty soon.

I sent the letter as recomended by angry cat and the 14 days have been and passed.

I recieved a letter from Horwich Farrelly stating that they have requested the documents and will send them as soon as they recieve them.

I now have no idea what to state in my defence?

can I delay subbitting my defence anymore?

A further update and a bit of advise needed.

I today recieved a new letter from a new company.

The company was called credit security ltd, the have informed me to pay imediately of they will send around a collector and take me to court to get a judgement agianst me.

what do I do now?

how can I get these muppets off my back and surly they know that SCM are still supossed to be sendiong me some documents.

Does this company ever carry out any of there threats?

Thanks for the quick replies and the usful advise.

is defending the claim or paying in full the only way to avoid getting a CCJ against me?

Hi I need some help urgently

I have had Robinson way chasing me for an old capital one card debt that totals around 10k, the card way taken out before 2005.

I did have it on a repayment arrangement with them; I missed one payment and received a lot of very harsh calls from one of Robinson ways debt chasers.

Because of this I decided to send them a CCA request, I did receive back some generic terms and conditions that was not a credit agreement. I then put the account in-dispute with the standard latter from this site.

Robinson way continued to chase me for this, I then sent them a letter stating that I wanted to see the singed credit agreement. Robinson way sent me a letter advising that they were forwarding this on to there solicitors.

I have just received an county court claim form from Northampton

The particulars of the claim are:

The claimant claims that outstanding monies Due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of credit obtained.

The claimant claims

1. The sum £****.**

2. Interest pursuant to S69 of the county court act 1984 at the rate of 8% from **/**/07 to the date hereof *** days is the sum of £*****

3. future interest accruing at the daily rate of 2.15 4 costs

This is really worrying and I’m not to sure what to do, I really want to avoid getting a CCJ or loosing my house or possessions, do you think I can still negotiate with them to withdraw the claim?

Is there a penalty for trying to defend the claim?

I really could do with some help and advise on this one.

A bit of an update on the progress of this and advise needed.

They forwarded the accounts still consolidated to Sechiari, Clark & Michell which I believe is Lloyds own solicitors?

I informed then that the account is in dispute and I have never signed or agreed to a contract for the account stated.

About a week later they sent me a reply stating that all collection activity was on hold until they locate the information I require (fair enough let them try). This letter was received in November 09.

This is they strange bit and the thing I need some help with

This week I received a letter from Lloyds again saying that they have had the account returned from there agent as repayment terms could not be agreed. The agent suggested that they take legal action to recover the money.

What’s this all about do they have more solicitors?

What reply do you suggest I do?

I now like the OFT again!!

Is it ok to refer to these guidlines in letters to DCA even though they are still draft or do we have to wait until they are fully issued?

thanks for all your swift replys.

I have 2 personal loan accounts one for just shy 10k and the other for £800, the overdrafts will be mainly made up of charges and 1 stands at around 4.5k and the other is at £100.

Its also nice to know that I'm not alone in hating Llyods scumbags

They have passed the account over to the legal arm SC&M, I have informed them that they remian in default of the cca request.. they have replied stating they will send the info to me.

A few years ago had a couple of personal un-secured loans and accounts with overdrafts with Lloyds tsb.

After running into a few financial difficulties they defaulted the accounts.

For some reason they all got bunched together and passed to BLS?

I have verbally requested that they are un-consolidated, but they remain all grouped.

I have requested the CCA for the 2 loans that have been grouped and they have failed to comply with the request.

I have also sent the account in dispute letters for these accounts.

Can anyone advise me on can they consolidate all these under one account number?

Also should I push to get the overdrafts un-linked as these are not under dispute?

I have also read on this site that lenders consolidating loans and overdrafts together is bad practice can any advise?

Looking forward to your help

I had a couple of personal un-secured loans and accounts with overdrafts with Lloyds tsb.

After running into a few financial difficulties they defaulted the accounts.

For some reason they all got bunched together and passed to BLS?

I have verbally requested that they are un-consolidated, but they remain all grouped.

I have requested the CCA for the 2 loans that have been grouped and they have failed to comply with the request.

I have also sent the account in dispute letters for these accounts.

Can anyone advise me on can they consolidate all these under one account number?

Also should I push to get the overdrafts un-linked as these are not under dispute?

I have also read on this site that lenders consolidating loans and overdrafts together is bad practice can any advise?

Looking forward to your help

I got the phone call from Aktiv today to offer me these reward vouchers...

what a joke

just a quick update..

I sent of the letter Cerberusalert suggested today.

This afternoon got a nice phine call from a scottish company called Allied... they said they working on behalf of Lloyds and BLS.

Well i told her to 'do one' and the account was indispute go back to BLS and ask them.

she asked me to to forward all previous letters to her, i told her an adim fee applys for duplication letters..

thanks Cerberusalert nice work..

do you think lloyds have found a new stratagy to CCA requests if you look at pages 1 & 2.