I was in this position a little while ago with Crap One... they passed my 'account' on to Fredricksons who sent a few scare letters, then they sent it to another desk (!same address!) called 'Bryan Carter Solicitors'. I sent letters back saying that I never signed an agreement and in the end it got passed back to Crap One and they sent me another letter (just the one!) saying please pay... oh go on! and I just ignore them. They are very unlikely to take you to court if they dont have a copy of a credit agreement - especially if they think you know a bit about it! I can understand the phone calls are annoying though, they'll give up in the end. Good luck!

F

thank you for your support

F

Thank you and good luck to you too!

And no surprise, no response.

I am correct in saying that i have 28 days from date of service to enter my defence? Do I need to confirm anything to court in the mean time?

As SCM have not complied with CPR I will enter a brief, embarrassed defence...?

F

No surprise that LTSB have acted in this terrible manner. I can understand how annoying it is, I have several issues myself with LTSB, BLS and ****!

With a non-enforceable debt, payments made either way are said to be 'gifts' and in no way acknowledgements of 'agreements'... especially when, like in your case the f*****s have switched the money from a closed account! What you did by closing that account sounds like the actions of someone who is trying to sort their problems out rather than make them worse.

This will surely do nothing but help you in any case you have to answer if the dispute goes to court.

F

Hi

When they withdrew the funds, did you have a zero balance? Would this have then created a negative balance in your current account? If so and if you have kept the evidence, surely even these clowns will not pursue you for this 'debt'.

This all sounds like future weak spots in any claim they make against you in any case!

Framboise

Subscribing.

Thanks, reminder sent.

F

Seven days since CPR 31.14 letter and as expected no response. Got proof of postage.

Claim dated 23rd Sept, AOS done 28th Sept, My calculations tell me that Monday 26th October is my defence deadline. ?

Should I chase them for information (CPR) ? based on Lilly's advice perhaps not necessary if my defence places the burden of proof on them. I notice in some threads people put in a legal request through the court to get the claimant to comply with CPR 31.14 ??

Am watching with interest Cymruambyth, Tonka99, Viano, ioio and Hunterandthehunted threads... these things seem to go on forever and it makes realise how far I have left to go!

Thank you Lilly... I get your drift thank you

F

thank you Lilly this is very helpful for me to start putting my defence together!

I am currently paying BLS (lloyds) a substantial sum per month for debts that they have rolled into one debt reference number... my defence could point to this too perhaps?

I remember getting a CCJ a couple of years back from Northern Rock and the advice I got at the time from CCCS was to let them do it!! don't defend it they said... and dont object to a charging order!! Well I did object to a charging order and they didn't get it in the end but I am very glad that I didn't allow them to! (no equity anyway!) This time I am going to defend against this claim and so pleased that this site exists for me to be wise to it.

I do want to get my debts sorted out legitimately but I strongly object to these 'creditors' plucking numbers out of the air based on dodgy charges and highly inflated interest rates and changing account numbers, rolling debts into one... this behaviour will never help the likes of me get myself back on the straight and narrow.

Thank you again all, got a few weeks to work on defence. I am sure that I will need to bat off all of their SJ games next.

Sorry to ramble on here... lots going on in my mind over all this!

not sure I quite understand this defence Lilly... can you explain what it means a bit?

F

Thanks Lilly... its certainly giving me something to think about!

I have AOS on line and it will be received on Monday by the looks (28.9) claim was dated 23.9.

I have also now sent CPR 31.16 letter to SCM

And so it begins.... trying to keep it in perspective but it does play on your mind a lot

Thanks to everyone so far and especially Cymruambyth for your support.

F

Not Quite...

The brown envelope has appeared from Northampton!!!

Particulars of claim:

1. By an agreement in writing & regulated by the Consumer Credit Act 1974, the claimants issued to the defendant a credit token, Lloyds Bank Gold Card, for the purpose of the defendant acquiring goods/services on credit.

2. The agreement provided that the claimants would furnish the defendant with a monthly statement showing the balance currently due, the minimum payment to be made and the date for payment. If the balance was not paid, then provided the defendant made the minimum payment on or before such date, the remainder of the balance should remain outstanding & the defendant should pay interest upon it per month in accordance with the agreement.

3. In breach of the agreement, the defendant failed to make payment & on 26/10/06 the claimants issued a default notice pursuant to section 87(i) of the consumer credit act 1974

4. On 21/11/06 the claimants did issue a formal demand to the defendant

5. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT: £*****.**

So... Acknowledgement of Service so I get my 28 days then I guess?

haven't disappeared... nothings happened... no reply to sar yet either...

Hi cymruambyth, what does it mean if and when they have consolidated a loan and overdraft? I know they have definitely done this to me! I have some letters from BLS re the 'consolidated loan and overdraft accounts' and offering me an early settlement figure (!).

Still waiting for result of subject access request to find out charges and ppi. I know that I paid into a Scottish Widows payment protection scheme for some time.

I wonder who does like Lloyds or ****! or indeed BLS (all the same I hear). I remember before the days that the government bailed them out and someone clearly had a word with them, BLS used to regularly phone me to threaten me and try to trick me into agreeing higher monthly amounts when I clearly couldn't afford it. I remember once when a boy actually said to me 'we're going to take you to court and take everything you own and your wages (!) if you don't increase your payment' he also went on to talk about a group of 'hotshot' solicitors that would make sure of it. He was obviously talking about ****. Of course thanks to reading up on these matters and a lot on this site I now would not dream of even talking to any of this **** crowd.

Thanks a lot for the info and good luck to you too:)

In the last few days I have realised that as I also have a loan and an overdraft with Lloyds (loan has an enforceable CCA/ overdraft not needed), I am actually making enhanced payments to these accounts whilst the alleged credit card account is in dispute.

What I mean by this... On a DMP with CCCS... was paying into all three (CC, loan and OD + some others!)... since ceasing payments due to Lloyds non-compliance with CCA request the budgeted left over income I have spreads amongst the other creditors (genuine ones).

I have today written to SC&M to inform them of this as a follow up to Diddy's letter above. I think this will help my case if/when it ends up in court.

What I am basically saying is I have stopped paying a debt that is in dispute but I am paying extra into the others whilst Lloyds find and show me an original CCA.

Perhaps this could help others in the same boat... hope this makes sense!

Framboise

Thanks DD I will use this letter and perhaps modify it, in light of...

Got a letter this morning (got back this afternoon) from SC&M saying 'sorry on behalf of lloyds for not supplying an agreement....' and they have sent me another copy of the application form (the first page of the one I previously posted and slightly worse in quality!) and several A4 sheets containing terms and conditions for a lloyds visa card (the application form is for a mastercard!) - having read carefully there is no evidence linking the application form to the terms and conditions they have sent me.

I will send the letter on Monday.

Framboise

Going to visit family until Sunday so wont be on line until then. Maybe the next development will be ready to report.

I have read a number of threads on here with interest. I am particularly interested in Cymruambyth's case with Lloyds and SC&M (Good luck with it all). It has helped me a great deal in knowing what expect next! Thank you

Framboise

thank you Patma.

There is no bar code or page numbers or any reference to 'reverse' or 'page 2' or anything else referred to

Interestingly I did actually speak to SC&M on the phone to tell them that my copy of this document was illegible - they asked me to send it back to them. I fear they will create a conjectured reconstruction for court. I'm keeping it!!

Framboise

Yes just signatures at the bottom.

somehow I think I will get court papers before a response to sar!

SAR sent today

Yes it was and thanks for the advice - I will do that now.