LLoyds claimform - credit Card Debt

[bennieee]

I have received a county court claim form and have tried to acknowledge servic online but can not currently gain access to the info so will have to try later... I have sent a copy of this letter;

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of 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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.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).

e. 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.

f. 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.

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

h. 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.

i. Copies of statements for the entire duration of the credit agreement.

 

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

 

 

I will require this information within the next fourteen days. 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,

 

XXXX (type, don't sign).

 

However I also sent on 19 Jan this year a S.A.R - (Subject Access Request) including the required fee of £10 and have never heard a response.

 

The particulars of the claim are as follows;

 

1. By an agreement in writing and regulated by the consumer credit act 1974, the claimants issued to the defendant a credit-token, Lloyds Personal Advance Card, for the purpose of the defendant acquiring goods/services on credit.

 

2. Clause 7 of 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 and the defendant should pay interest upon it per month in accordance with clauses 8 and 9 of the agreement.

 

3. In breach of the agreement, the defendant failed to make payment and on the *date* the claimant issued a default notice pursuant to section 87(i) of the consumer credit act 1974

 

4. On the *date* the claimant did issue a formal demand to the defendant.

 

5. The claimants therefore claim the balance due under the agreement ***amount***

 

Do I have 14 days from the date on the claim form to acknowledge service of do they allow time for posting?

 

Also should I have sent the request for info to the Solicitors or to the Bank ?

 

Thank you in advance for any help

[42man]

In answer to your questions (seems you are doing the right thing at the moment by sending the CPR)....14 days to acknowledge the documents from the date on them, then another 14 days to submit defence...CPR request goes to the solicitors...

[bennieee]

thank you - I thought that this was the case but always good to check

[bennieee]

Ok have just checked and the defence needs to be there by the 28th May so still some time - I guess I need to wait for a bit to see if I recieve any docs in response to the above letter?

[creditcardmug]

Hi can you post up the Default notice if you have (minus personal details)