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Everything posted by marty0604

  1. hi sorry about the late replys on this ive been unable to access the net for a while.. unfortunaly it didnt go my way . i lost and have to pay back the full amount plus there cost which peaks it towards the 9k mark . i have offered to pay them back £40 permonth until the amount is cleared and they have wrote back asking for a breakdown of my income exspenses etc. so thats were i am .. on the day of the hearing the judge didnt have a copy of my witness statement at all (whcih wasnt a great start) even though i sent it recoreded delivery next day service b4 1pm and then before i even got into the court there sol was waiting in the waiting area ,and asked if id like to go for a quick chat in a small room,were she pulled out a buynch of paper work with everysingle post of mine off this forum,she asked me if it was me in these post i declined to answer she replaied that if i answer her then she wont bring them up in court .again i declined to answer . once we entered the room she brought it up for the judge to see he then asked me if it was me i asked for time to be able to read through and reply(thinking i might get a week or so to get my head round it lol) well he gave me 15 mins and obviosuly it was my post and all u guys replys . long story short the judge was a bit of a dinasaur and wasnt really interested in anything i had to say .it was something along the lines off do u think lloyds tsb would make u sign a document without making u aware of all the terms and conditions ,(it was like no matter what i said lloyds were gonna come out smelling of roses) so to end dont post anything on here u dont want the opposition to see hope and pray u get a decent judge that dosnt reside in the dark ages and smile be polite and let the sh!t hit the fan. just on a small note there solicitor was superb really nice lady when not working ,i know she read's these forums so hello to her
  2. right so i have prepared my WS and sent it off well before the 7 day deadline. do i still need to attend court on the 23rd to fight my corner or do i have to wait it out and see what happens next??
  3. i do only have a lloyds tsb current account??? the account is my only current account this is always in the red i have the statements to prove this is the case? i pay myself a wage each month but again this never clears the overdraft . my wages from been self employed are topped up by tax credits etc . the defence was rather rushed due to time been on the limited side so andy helped me out on that side of things and thats what got submitted .
  4. i have edit the post i have bank statements to show i earn what i said i earn ,the statements also show that each month i do go into the red after i have paid all my bills debt etc. i also use an accountant who can prove my earnings . the 3k was offered just to try and avoid the courts it was and still is been offered by a family member who is prepared to pay the monthly installment for me otherwise i would not be able to pay it . im not trying to pull the wool over anybodys eyes im just wanting to sort the mess out and move on ,but im not fantastic at all the legal lingo and how best to put things in words . thanks for the reply consumeredge its exactly what i was looking for not to fall into any big holes that i cant get out of .
  5. right this is wat i have so far ,its not great but would welcome any ideas/modifications/things i have missed out that could work in my favour thanks I marty make this statement in response to the Witness Statement, dated 26th October 2011 and submitted by the Claimant,Lloyds tsb bank PLC. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise. Witness Statement 1. This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me. 2. The particulars of the claim are vague and the defendant is embarrassed by the lack of detail within the claimant’s pleadings. The Defendant is unable to plead in any detail as to the agreement entered into in or around 2004 as the claimant has provided no details or documents within its pleadings or disclosures relating to the aforesaid agreement. 3. The defendant denies having received a copy of any default notice and was therefore unaware of any breach, The witness statement from the opposition is misleading, just putting the default notice in the post does not deem as service. 4. The claimant asserts that they tried to make contact on several occasions via telephone. The defendant is self employed the nature of the defendants employment also requires him to be on call 24 hours a day seven days a week. The defendant’s landline number is also the business phone number and the number is transferred to the defendant’s mobile phone from 5pm onwards. To claim that the number the claimant tried was either constantly engaged or went to an answering machine is incorrect and would almost certainly affect my business if I did not answer the phone in or indeed out of normal working hours. 5. It is denied that any formal or final demand notices were received. 6. On receipt of the claim form on 1st July 2010, a CPR31.14 request was made for disclosure of all documents mentioned in the particulars of claim, the claimant that requested an extension of time in order to comply with that request. I consented to the extension in order to facilitate receipt of those requested documents. 7. An offer of £3,000 to be paid over 60 months was made to the claimant in a genuine attempt to settle out of court in order to avoid wasting the courts time and further costs to both sides. A response from the claimant, dated 9th August 2011 did not arrive until the date that my defence was due to be submitted, 15 August. The claimants had requested a breakdown of how I had arrived at the offer of £3,000. An extension of time was requested in order to provide that breakdown. The claimant refused this request, therefore no response was made to their letter regarding the breakdown of figures and a defence was submitted. 8. The offer of £3,000 over 60 months for a full and final settlement was never withdrawn, this offer is still available to stop further costs to both sides and stop wasting the courts time. 9. Had the extension requested on the 15th August 2011, been allowed, then I could have forwarded a full breakdown of how I had arrived at that figure, However I was concerned that the claimant would obtain a default judgement had the defendant not submitted a defence by the correct time and date. 10. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’ s application for summary judgment against me should be dismissed. Date: 12th December 2011 Statement of Truth I believe the facts stated in this Witness Statement is true signed
  6. Hi citizen thanks for taken the time to respond . im hoping andy will add to the responce when he gets time. but your version gives me a good grounding to take it forward many thanks
  7. this is wat i have as a rough idea to my responce ,please feel free to edit add or delete bits,im way out of my league on this and would be very welcoming of input .. there WS points (my reply as follows) points 3+5 the particualrs of the claim are vague .i have no recollection of the precise purpose of the agreement or indeed anypapaer work to back this up from the claiment. point 9 the claiment claims to have issued a default notice ,i have never recieved any paperwork with ref to default notice and was unaware of any breach. point 10 the claiment claims to have tried to contact me on several occasions via phone.i am self employed and my job requires me to be on call 24/7. my house landline number is also my works main telephone line and this number is transfer to my mobile phone after hours 5pm onwards .to claim that my phone was engaged or went to answer machine is not correct and would effect my buisness greatly if i did not answer the phone in and out of hours point 11 no formal /final demand notices were recieved.. point 15 on the 1st july 2001 having recieved the summonds ,i then requested the cpr31.14 for disclosure of all docements,having recieved a letter asking for an extention to allow docemnets to be fowarded to myself ,i agreed to the extention to get the matter cleared up . point 16 the offer of £3000 over 60 months was offered to stop further costs and time cinsumer court actions,scm responce which was dated 9th august 2011 did not arrived until my defence was due to be submitted to the court. my defence needed to be submitted by 4pm on the 15th august 2011, i then proceed to ring scm solicitors to request an extention to allow me time to compile the breakdown of how id come to the £3000 figure i also explained to scm sols that my defence need to be in on that day by 4pm i was told that the extention would not be possible ,thus i have not responded to there letters requesting the breakdown on figures .. point 17 i have not withdrawn the offer of £3000 OVER 60 MONTHS for full and final settlement ,the offer remains on the table and has not been withdrawn at anytime . point 18 if the extention i requested on the 15th august 2011 would have been granted then i would have forwarded a full breakdown on how id come to that settlement figue. i had no option but to submit my defence on that date thus i was backed into a corner by not allowing the extention
  8. hi citizen b i think ill repost there WS as i didnt realise it had transfered that badly its very difficult to read it 100%. i will go through the WS and see what parts i dont agree with and what parts i can work in my favour . is there anything that i should hitting them hard with with ref to there WS. any of there points that are glaring wrong ??? with ref to the objection do i send that as a witness statement from me ?? or just a simple letter that states my objections to there WS. do i have to send my WS 7 days pri to the court date or just a letter 7 days pri stating that i dont agree with there WS?? thanks
  9. recieved this today by recorded delivery they also sent all the previous statements etc that i posted in a previous post a few weeks back please advice next actions thanks marty.pdf
  10. so i have drafted the following letter to the sols would this be acceptable ??? thanks SCM SOLICITORS DEPARTMENT CDR PO BOX 499 SECOND FLOOR THREE CITY PARK THE DROVEWAY,HOVE EAST SUSSEX BN3 7AU   28th November 2011   YOUR REF :???????????? Dear sir, LLOYDS TSB BANK PLC -v- Me Claim Number : ????????? Please could you forward me the copy of the application N244 and any witness statements in support of.   Many thanks   me
  11. so i need to send a letter to there sols requesting a N244 and any witness statements. once i recieve this do i then send them my witness statement stateing the reasons why i disagree ?? or do i send my witness statement to the court??? sorry for the questions im just a little bit confused with all the procedures i need to get my head round thanks
  12. right ok so were can i obtain the copy of the application made??? the court or the sols??? If you are not copied and they have made application you need a copy and a copy of any WS if its separate. You then need to prepare as CB advised, your own WS to oppose their application, and as to why the claim should proceed to trial. not sure what this bit means sorry? as it stands is this looking very bad for me??
  13. update letter in the post 22 nov 2011 reads as follows take notice that the hearing will take place on 23 december 2011 at _______am at LOCAL county court_ when you should attend 1 hour 30 mins has been allowed for the hearing please note the case maybe released to another judge,possibly a different court.. nice little present for me before christmas im guessing that i will have to attend and state why i should not be paying this moneys back to lloyds? has anyone been through this before and can give me a heads up on what goes on and how i should go about defending it? thanks for the help
  14. quick update letter from northampton court reads as follows to all parties this claim has been transfered to the (LOCAL COUNTY COURT) for that court to deal with the claiment's application to lift the stay and there be a summary judgment. the court will refer the application to a judge or if there is to be a hearing,will send you and the other parties notice of the time date and place of hearing. you will be sent a copy of the judges decision. all further communication should be addressed to : (LOCAL COUNTY COURT) question is what is the likleyhood that the court will go ahead and make a summary judment?? how do i play this just let the local court do there thing and see what happens????
  15. the figure is based on what i could afford to pay at a push per month.
  16. just rang the court and asked the question as to the status of the case. the case is a "A STAY NOW" he said the best thing to do would probably wait and see what happens or i could ring the sols and ask them to clarify if they were disconting the clam. any advice?
  17. Andy no i have not recieved anything been very quite i dont know if thats a good or a bad sign?
  18. the letter was from scm solicitors and was dated the 6th sept 2011 and read as follows dear sirs ref lloyds tsb vs yourself claim no etc etc we still have not recieved a responce to our letter dated the 9th august 2011 a copy is attatched for ease of reference. please respond with in the next 7 days ,should we not recieve a breakdown of how you arrived at the settlement figure of £3000 we will make an application to the court for summary judgment . we look forward to hearing from you reguarding this matter yours faithfully scm solicitors
  19. no updates as such. i did recieve another letter a few weeks back just restating that they would be going for the SJ and that i had 7 days to respond .. i never responded and havent heared any thing since at all .
  20. so hows the best way to deal with this letter???? do i write back stating that ive already offered a settlement and they should consider that settlement ??? or do i just let them get on with it and see what comes out in the wash ?
  21. letter recived this morning dated 19th august 2011 dear sirs ref blah blah blah we are now in reciept of your defence dated 15th aug 2011 we also note we are still without responce from you reguarding our letter we sent dated 9th aug,a copy is attached for ease of reference (SEE BOTTOM OF POST) all documents and explanations reguarding your cpr31.14 request were sent to your address on 21st july 2011 our client is of the opinion your defence discloses no resonable grounds for defending the claim and therefore invite you to withdraw and send a reply to our previous letter with proposals of repayment,should we not recieve a responce in the next 14 days we have been instructed to make an application to the court for summary judgement. we look forward to hearing from u on this matter (this letter relates to me offering the sum of £3000 @£50 per month ,they requested the day before my defence was due in that i send a break down of how i worked this figure out ,i requested an extention to my defence to be able to collect the information of how id worked out that figure, which they refused hence no responce to there letter requesting break down figure)
  22. ANDY thank you so very much for your time and effort . i have subbmitted the defence and printed off reciept as you advised . i premsume i will hear via the postal service from the court as to the out come .. once again thank you very much i dont think (well i know i wouldnt have been able to ) i could have got through this with out you thanks
  23. 1.by agreement in writing and regulated by the consumer credit act 1974,the cliamnets issue to the defendant a lloyds tsb platium card,for the purpose of the defendant acquiring goods.services on credit. 2. the agreement proivided that the claiment would furnish the defendant with a monthly statement showing the balances currently due,the min payment to be paid and the date for payment.if the balance was not paid then provided the defendant made the min payment on or before such dat,the remainder of the balance should remain outstanding and the defendant should pay interest upon it per month in accordance with the agreement. 3. in breaching the agreement the defendant failed to make the payment and on 29.10.10 the claiment issued a default notice in pusant to secection 87(i) if the consumer act 1974 4.on the 30/11/10 the cliament did issue a formal demand to the defendant. 5. the claiment therefore claim the balance due under the agreement **8002.13
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