Lloyds Tsb Loan claiming against me .. Help

[OopsyDaisy]

Hello.... here is the background ...

 

Had loan with lloyds ... loan bounced as did many things due to charges and so on .... loan credit card and overdraft were all refinanced .. loan payments lowered ... took lloyds on claimed bank charges back ... lloyds then tried taking 2 payments for loan earlier this yr 1st went thru but not second ... they closed account taking whatever was in it ... tried calling them but no luck as they didnt have case number at time .. one letter from scm no lba no breakdown of anything .... court documents arrived last week claiming for 9307.84 and I just want to know if there is anything I can do. I accept that I owe part of it but the refinaced loan was made up of credit card charges and charges am sure on loan ... have till next saturday to let the courts know if I am defending or accepting ccj and so on

 

Please if anyone can point me in the right direction would appreciate it.

[rory32]

Do you know how much the charges are?

[OopsyDaisy]

Hi Rory,

 

No idea how much charges are ... just know for sure there were charges on the credit card and am guessing there were late payment missed payment charges on the loan.

[reduk054]

Oopsydaisy, have you responded to the court docs (not sure if you meant yesterday or next sat)? I would dipsute the amount (cant remember which box you have to tick!) owed, if you believe that there are penalty charges applied.

I am sorry to hear about your situ. I also have trouble with Lloyds loan, which is with the FOS atm.

I hope that you can resolve this issue

Red

[OopsyDaisy]

Hi Red,

 

Ty for that .... is what I plan on doing as I know for sure the amount contains charges .. just not sure how to go about it .... is this Saturday, so I have a couple more days.

 

Good Luck with your case, shall keep fingers crossed for you.

[reduk054]

Oopsydaisy,

have you sent Lloyds an SAR request along with a £10 fee? Or do you have all of your statements which will show any charges applied to your account?

Any luck with filling out your form yet?

Red

[reduk054]

Oopsy Daisy,

If you are in England, you could apply to have the CCJ set aside, on the basis that you are disputing the amount. If the judgment is set aside, you have another chance to reply to the Claim Form, and explain your situation. If you are in Scotland then I am sorry but I am not sure of the procedure.

Try this link for further assistance..

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

Good luck

Red

[OopsyDaisy]

Hi Red,

 

I am in England. The form I am on about is a claim form from the county court, so no CCJ has been issued against the loan yet.

 

Am I still able to send a SAR even though we are at the court stage already, surely there wont be enough time for me to get the information I need that way will there? When I took lloyds to court I had to prove the amount I was claiming and break it down, surely Lloyds will be obligated to do the same? This was how I was going to prove that the amount is not correct. What do you think?

[Castlebest]

Hi oopsy, I would send an S.A.R - (Subject Access Request) anyway and state, when you have to send in your defence, you are in the process of obtaining the information regarding charges from Lloyds and you require time for them to respond to your SAR.

 

Don't assume Lloyds will have to provide a breakdown write and ask them for one.

 

Also send off a Consumer Credit Act section 78 request for your credit card and loan agreements and see if they have the required loan agreement documentation.

 

pete

[reduk054]

Hi OD, ty for the kind comments!

Yes send the SAR as advised above. If you are disputing the amount then you should be able to get the CCJ set aside, which should give you some more time to obtain the correct info,

damage limitation is the important thing, so act quickly!

Deal with the court papers first!

Red

[OopsyDaisy]

Pete and Red,

 

Thank you very much for your advice really is appreciated.

 

Have filed an acknowledgement of service stating I intend to defend part of the claim online this afternoon, which gives me a few more days (14) to get my defence together and send off the SAR.

 

Any other pointers would be greatly appreciated.

 

OD

[Castlebest]

Hiya Oopsy, you need to send off a Consumer Credit Act section 77/78 request for your loan and credit card too. A lot of companies have been very slack when it comes to documentation and this can have major benefits for you. The template is letter N in this thread.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

This gives them 12 days to furnish you with a "true copy" (Photostat with your signature) of your credit agreement, if they fail to do this the account is in default because of them, if they fail to send this for a further calendar month they are committing a statutory criminal act and the account becomes unrecoverable by them. This puts you in an extremely strong bargaining position.

 

pete

[rory32]

You also need to ask for the info under the civil procedure rules from the solicitors (example below). Send next day before 1pm special delivery. You also need to dispute the action on the grounds that there has been no LBA. Have you received a default notice regarding this account and a Notice of Assignment?

In the matter of

XXX vs (defendant)

Claim Number XXX

In XXX Court

Soliciters Address

DATE

YOUR ADDRESS

 

Dear X

 

RE: REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the (DATE). If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

 

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerely,

 

 

XXX (Type, don't sign your name).

[rory32]

There is no set timescale for supplying information under the CPR, the timescale is only defined as a reasonable amount of time to respond. Normally you would give about 14 days, but obviously this is too long in your current situation. I would therefore give them 7 days as they should have these documents to hand in light of their current action against you.

[OopsyDaisy]

Hello all,

 

Thank you for all your help and information am busy typing and copying and preparing to send out the letters and so forth.

 

''You also need to dispute the action on the grounds that there has been no LBA. Have you received a default notice regarding this account and a Notice of Assignment?''

 

Dispute action because of no lba with scm? Didnt get a default notice but according to particulars of claim they say they issued one on the 17/03/06, which now I've reread confuses me even more.

 

Particulars of claim.

 

1 The Claimants are bankers carrying on business at their central loan processing unit and elsewhere.

2 The defendant is indebted to the claimants in the sum of 9307.84 in respect of accounts maintained by the defendant with the claimants said branch being money lent to the defendant by way of an agreement(s) regulated by the consumer credit act 1974.

3. In breach of the agreement the defendant failed to make payment and on the 17/03/06 the claimants did issue a default notice pursuant to section 87(i) of the consumer credit act 1974.

4. By lettter of 03/02/07, from the claimants to the defendant, the claimants demanded repayment of the said sum, but the defendant has failed to repay the said sum or any of it.

5. In the premises, the defendant is indebted to the claimants in the sum of 9307.84

6.THE CLAIMANTS THEREFORE CLAIM THE BALANCE.

 

 

 

If it was defaulted last yr would they not have done something sooner when I still had an account with them? I remember they lowered payments on the loan at one point.

[reduk054]

Oopsy daisy, have you written/typed and posted your letters today?

Are you ok with everything so far?

You asked about whether Lloyds would have acted sooner - not necessarily, your account has probably been sat festering away in someones in-tray! Can you remember why they lowered the payments?

Regarding LBA, I would say that you did not receive one, regardless of whether or not Lloyds/[problem] said that they did!

Any way let us know how you are getting on!

Red

[OopsyDaisy]

Hi Red,

 

Letters were sent this morning .. scm letter sent next day delivery sar and cca78/79 sent recorded.

 

I am ok with everything so far thanks to you, rory and pete... big ty

 

They lowered the payments to help as situation changed and couldnt meet them.

 

Am sure I havent received the LBA.

 

 

OD

[reduk054]

Hi Oopsy, glad you got your letters out - keep an eye on Royal Mail's track and trace service to see when they are delivered.

Keep us posted!

Red

[OopsyDaisy]

Hi Red,

 

Shall keep you posted ... Thank you as always for the support means a lot

 

OD

[Rich3236]

Good luck Oopsy.

 

Rich3236

[reduk054]

Oopsy,

I have everything crossed for you!! I am afraid at this stage with your situation, I will have to take a back seat advice-wise, but you know you are in good hands here at CAG!

I really hope that your situation is resolved amicably.

Even if I dont post - will still be watching any developments!

Red

[OopsyDaisy]

Hi Rich,

 

Thank you for that

 

OD

[OopsyDaisy]

Hi Red, Thank you for everything ... nice to know youre still here even if quiet .. OD x

 

 

Right here goes .....

Yesterday received 2 letters from lloyds.

 

1. Was my credit agreement request with the one pound cheque and the following letter ...

Dear

 

Sort Code

 

Account Number

 

I refer to your recent request for coppies of statements on your account to enable you to reconcile your bank charges.

 

Having reviewed our records I note that the account number that you have quoted relates to your Lloyds TSB loan account.

 

The terms and conditions for this type of account did not allow for items to be returned unpaid or for the account to go overdrawn.

 

I can confirm therefor that this account has not incured any returned item charges or overdraft excess fees.

 

With this in mind we have not generated copy statements for this account.

 

Yours sincerely

 

Copy Statement Unit.

 

1. do I resend the request?

2. as they havent cashed the pound cheque can it even be counted as being asked for?

3 I got reply but it wasnt anything to do with the request for copy of agreement, obviously I keep this for court but what now?

4. Do I still count down days till 12 days have lapsed even tho they have replied with wrong letter?

 

 

2nd letter was S.A.R - (Subject Access Request) request loan account number hi lighted in lovely pink cheque not returned as did S.A.R - (Subject Access Request) for credit card also and following letter ( which is the same as the above but this time they bothered to fill it in and sign it)

 

 

Date 18/10/07

Our reference 18/10

Dear Miss O Daisy

Sort Code loan account

Account Number 10000000000000

 

I refer to your recent request for copies of statements on your account to enable you to reconcile your bank charges.

 

Having reviewed our records I note that the account number that you have quoted relates to your Lloyds Tsb loan account.

 

The terms and conditions for this type of account did not allow for the items to be returned unpaid or for the account to go overdrawn.

 

I can confirm therefore that this account has not incurred and returned item charges or overdraft excess fees.

 

With this in mind we have not generated copy statements for this account.

 

Yours sincerely

sa

Copy Statement Unit.

 

Can someone please advise as to what to do with the request for my credit agreement.

 

Thank you

 

OD

[rory32]

1. do I resend the request?

 

Yes, they obviously didn't read it.

2. as they havent cashed the pound cheque can it even be counted as being asked for?

Yes. The cashing of the cheque is immaterial. The date of receipt of your request is the important thing. 4

. Do I still count down days till 12 days have lapsed even tho they have replied with wrong letter?

Yes. You made a legal request, the fact that they didn't bother to read it and just assumed it had to do with charges is immaterial. The timescales to comply with your legal request for a copy of the agreement still apply.

[OopsyDaisy]

Thank you Rory .... shall type up and resend letter tomorrow.

 

OD