Lloyds Tsb Loan claiming against me .. Help

[rory32]

I would just attach your original letter with a covering note reminding them of their legal obligations and that it has nothing to do with bank charges.

[OopsyDaisy]

Thank you Rory .... done as suggested ... out in post tomorrow. Still haven't heard from S,C,M, which isn't surprising.

 

OD

[OopsyDaisy]

Still no word from S,C,M ... no CCA from lloyds .. Have to have my defence in on Saturday, am starting to worry that without the information I've requested I'm not going to get too far.

 

Any ideas anyone?

[OopsyDaisy]

Help .. have to file defence today ... am nervous about this one ... still havent got any of the information requested .. which isnt surprising .. I know I'm going down the line of charges on cc and od hence refinance. I'm just worried about the wording and so on I guess ... any help gladly appreciated if not fingers crossed would be good too.

 

OD

[OopsyDaisy]

Hello .... defence filed just now ... borrowed from Pens thread with a couple of tweaks .... Shall post it up probably tomorrow ... need to take break from this grrrrr

 

OD

[reduk054]

Hi OD, sorry your messages have gone unanswered, I was away for most of half term hols.

At least you got your defence in, on time. I hope that you have stated your case well (sure that you have), as I am not familiar personally with Penns thread.

If its any consolation, I had a similar issue regarding loan statements, and eventually once the FOS had got invovled, I was sent a list of my payments and the interest charged. however there were no charges (and there were lots of late/missed payments by me). the only charges incurred were to my lloyds current account for going over my overdraft in order to pay Lloyds.

Hope that you feel a bit better now you have got this far. I should be around again now!

Red

[OopsyDaisy]

Hello Red ,

 

Nice to hear from you. Hope you had a great half term.

 

lol .. did I sound desperate?? *big sigh*

 

Defence in as follows ....

 

 

 

DEFENCE

 

1) The Defendant objects that the Claimant's statement of case does not comply with the Civil Procedure Rules Part 16 in that a copy of the purported written agreement between itself and the Defendant, which it cites in paragraph 2) and 3) of the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. The Defendant is therefore unable to plead specifically to the allegations contained within the Particulars of claim at this time.

2) The Defendant has repeatedly requested a copy of the written agreement cited by the Claimant in its Particulars of claim, along with other such documentation in respect of the Defendant's alleged indebtedness to the Claimant, under a Data Protection Act 1998 Section 7 "Right of Subject Access" request.

3) Further to paragraph 2) above, a demand has been submitted by the Defendant under section 77(1) of the Consumer Credit Act 1974, requiring the Claimant to provide true copies of the alleged original agreement, as well as true copies of all documents referred to therein. The Defendant avers that whilst a creditor fails to comply with such demand any agreement would be unenforceable in its entirety by virtue of section 77(4) of the Consumer Credit Act 1974.

 

4) The Defendant objects that this action has been brought prior to the Claimant providing essential information and documentation, as outlined in paragraph's 2) and 3) above, despite repeated requests that it do so. The Defendant avers that the Claimant has acted without adherence to or regard for the Pre Action Protocols of the Civil Procedure Rules.

 

 

5)Accordingly, the Defendant requests a stay in proceedings until such time as the Defendant complies with the requests outlined in

paragraph's 2) or 3) above and is therefore able to provide the necessary documentation in order that it can plead its case in compliance with CPR 16. The Defendant reserves the right to then plead further to the Allegations contained within the Particulars of claim.

 

 

 

Today received letter from lloyds which is below along with my cca request, cover letter and cheque all stapled together.

 

 

 

 

Date 26/10/07

 

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 any returned item charges or overdraft excess fees.

 

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

 

Yours sincerely

squiggle

Copy Statement Unit.

 

 

Any suggestions as what to do with cca request, cover letter and cheque now? Resend it? The 12 days are nearly up now, I seriously don't know what they are playing at.

 

 

Thoughts, ideas, help and advice all greatly welcomed.

 

Thank you

 

OD

[OopsyDaisy]

Hello all,

 

The 12 days are up, so what do I do now regarding the credit agreement? Have been looking on here but am obviously having a hopeless moment as I'm not getting anywhere.

 

I've also had a letter from the courts which I shall type up later.

 

OD

[reduk054]

OD, hi how are you getting on with Lloyds? Have you received anything yet? And what is the update with the court? Thinking of you!

Red

[OopsyDaisy]

Hi Red,

 

How are you? Hows everything going with you? Haven't heard anything from Lloyds or S,C,M.

Letter from the court is as follows ....

29th October 2007

Our reference 000000000

Your reference

CASE NUMBER 00000000

LLOYDS TSB BANK PLC -v- MISS OD

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

 

 

Thats it .... thanks for thoughts Red : ) appreciate them .... Shall update as and when. Thoughts, nudges, nods and so on as always are welcome.

 

OD

[reduk054]

OD, would it be wise at this stage for you to contact [problem] in writing to see if there is any likliehood of Lloyds budging. Just thinking that your 28 days will soon run out (as time seems to go faster on approach to Xmas!), and the courts have suggested that you may be able to resolve directly!

Red

[OopsyDaisy]

Hi Red,

 

Thank you for the message and the suggestion, I'm really not sure whether to contact them or not. I actually got my statements back yesterday from them but still no copy of the loan agreement. Sorry I didnt get to reply sooner ... computer had issues again.

 

Shall let you know how I get on.

 

OD

[reduk054]

Hi OD, thanks for the update. Seems then with [problem] not contacting you direct that they are not going to be attempting to liaise with you. Wonder where the copy of the loan agreement is, but seems better that they haven't actually sent you a copy, as wonder what a judge would say to that?!

What date is the 28 day deadline?

Red