Court claim from Lloyds TSB - Advice needed please.

[joan_of_arc]

Hi joan

 

Difficuilt to advise without the details of the Claimants P.O.C I have re checked your thread but for the life of me cant see any reference to it?

 

 

Regards

 

Andy;)

 

Like, duh. Sorry everyone. Here they are:

 

1. By an agreement in writing & regulated by Consumer Credit Act 1974, the Claimants issued to the Defendant a credit-token, Lloyds TSB Trustcard VISA card, for the purpose of the Defendant acquiring goods/services on credit.

2. Clause 6 of the agreement provided that the Claimants would furnish the Defendant with a monthly statement showing the blaance currently due, the minimum payment to be made & 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 clauses 8 & 9 of the agreement.

3. In breach of the agreement, the Defendant failed to make payment & on 19/10/07 the Claimants issued a Default Notice persuant to section 87(i) of the Consumer Credit Act 1974

4. On 19/11/07 the Claimants did issue a Formal Demand to the Defendant.

5. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT. **(FOUR DIGITS).(TWO DIGITS)

 

That's it. I will keep checking back on the thread...

[AndyOrch]

Judging by the detail of the P.O.C this is not a Northampton Claim (CCBC)?

Did you recieve a Default Notice? Post a copy if poss less personal details?

Did you make any attempt re payment plan etc?

 

 

Regards

 

Andy;)

[joan_of_arc]

Judging by the detail of the P.O.C this is not a Northampton Claim (CCBC)?

 

Yes, it is, I've double checked. It says at the top right In the NORTHAMPTON (CCBC) County Court.

 

 

Did you recieve a Default Notice? Post a copy if poss less personal details?

Did you make any attempt re payment plan etc?

 

I'll check my files now. Sorry not to get back earlier, my time is not mine today so I'm having to juggle this with other things. I'll get back within the half hour.

[joan_of_arc]

Judging by the detail of the P.O.C this is not a Northampton Claim (CCBC)?

Did you recieve a Default Notice? Post a copy if poss less personal details?

Did you make any attempt re payment plan etc?

 

OK this is the history.

 

They say I owe over 6k

 

April 2005 they demand just over £200 then a few weeks later the full amount.

 

May 2005 a repayment plan agreed, £5 a month which as far as I can see I start paying.

 

October 2005 default notice served.

 

I continue to pay £5 a month until October 2006 when I am unable to continue paying to all the credit card companies demanding money. By now I have found out that their continual telephone harrassment and telephone threats are unlawful and that influences my decision.

 

September 2007 I officially complain about the continuous telephone harrassment (every day and at weekends, evenings, early mornings etc.)

 

September 2007 I get an "apology".

 

This sentence makes me see red. (My red highlights)

 

"May I take this opportunity to apologise for any inconvenience or stress we have inadventantly caused you. I would like to assure you it is always our intention to provide the highest level of customer care at all times and I sincerely regret that on this occasion, we have fallen short of your expectations as well as our own."

 

I have never read such a piece of lying b******t in my life. This completely changes my opinion about credit card companies as upright, law abiding businesses. I now decide they are **** but refrain from writing to tell them so as I realise this would not best serve my position.

 

October 2007 another default notice served.

 

ie A month after my complaint about the telephone harrassment.

 

Coincidence? I think not.

 

November, solicitor's letter is sent to me.

 

I will scan and post all these minus private details now...

 

Lurkers please note: I have set up a separate photobucket account for these photos. The name of your photobucket can easily be traced if you don't do this.

[joan_of_arc]

And the scans...please let me know if you need anything else!

 

I am online for a while but logging off at 5pm to make a quiche. I think I have to send this off tonight. I have until the 19th I think.

 

 

 

 

 

 

[joan_of_arc]

I didn't send this off last night as it's still not ready.

 

So up to speed so far...am I correct in thinking that the reference to the default notice in the defence needs to come out?

 

Andyorch - I realise you do actually have a life apart from helping random stranger posting under the name joan_of_arc on the net, but if you're around to give me any more advice it would be most welcome!

Edited September 17, 2008 by joan_of_arc

[Yog sothoth]

Subbing

[joan_of_arc]

I'm going to have to wing this one I think. I can't leave it till tomorrow. I'll knock summat together in a bit...

[AndyOrch]

Hi Joan im with you now;)

 

Andy

[joan_of_arc]

Hi Joan im with you now;)

 

Andy

 

 

(Whips off chain mail, tosses sword to one side, takes short back and sides wig off and reveals loads of curly blond hair. Simpers like a helpless damsel.)

 

I've been waiting for you Andy!

[AndyOrch]

Ok I think the defence is too long too indepth after all its only a CCBC summons you could submit jack and jill and get the same response as long as you defend its automated at Northampton

 

Andy

[AndyOrch]

You need to put enough in that will imply to the Claimant that you are up to speed on the matters and enough to frighten them off Ill post you one of mine shortly

 

 

Andy:)

[42man]

Good work Andy and thank you....

[AndyOrch]

Hi 42 no probs i am always available for Cag and your threads (congrats by the way is see you pink nice to see someone worthwile ofthe status)

 

 

Regards

 

Andy;)

[AndyOrch]

Defence

 

The Defendant admits that in or about XX/XXX/XXXX (he/she) entered into an agreement with Capital One and which was an agreement regulated by The Consumer Credit Act 1974 (The Act).

 

The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of Agreement/Account numbers upon which the cause of action is based.

 

The Defendant has no recollection of and makes no admissions regarding the precise purpose of the agreement or of its terms, conditions and other provisions or what would constitute a breach thereof. The Defendant denies that the agreement was a properly executed agreement and denies committing a breach thereof.Notwithstanding the matters pleaded above, the claimant must under section 87(1)also sections 76(1) and 98(1) of the CCA 1974 serve a default notice before they can demand payment under a regulated credit agreement.

 

Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

The documents described above were the subject of a request pursuant to Section 78 ofthe Consumer Credit Act 1974 and CPR 18 request

 

It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate

 

It is denied that Capital One served a default notice upon the Defendant, alternative a default notice complying with the provisions of section 88 of The Consumer Credit Act 1974.

 

It is admitted and avered that since the termination identified above,capital One have made demand of the Defendant for the payment of money the subject of this claim.

 

Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers the incorporation of such claims is penal and unenforceable at law.

 

Further and in any event, by reason of the matters set out above and the requirements of section 87(1) of the Act, the steps taken by Capital One hereof were steps which Capital One were not entitled to take.

 

Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970

 

In the circumstances the facts and matters set out in the Particulars of Claim do not give rise to an entitlement to claim any of the relief now sought by the Claimant.The Claimant’s claim to be entitled to £xxxxxxx to interest or to any other sum is denied.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforesaid reasons

 

 

 

 

[AndyOrch]

Edit to suit that will send them packing;)

 

Andy

[AndyOrch]

Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970

 

Particularly important to you considering the harassment they have put you through and implies that you may CC for same

 

Andy;)

[joan_of_arc]

You need to put enough in that will imply to the Claimant that you are up to speed on the matters and enough to frighten them off Ill post you one of mine shortly

 

 

Andy:)

 

Just reading it now Andy, thankyou so much. Up to speed, me?

[joan_of_arc]

Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970

 

Particularly important to you considering the harassment they have put you through and implies that you may CC for same

 

Andy;)

 

Yeah...nice one! Take that, Lloyds TSB (thwack!)...and that! (parry and thrust!) and that! (Wile E Coyote cartoon bomb blast!)

 

OK I will get my serious businessy head on and read through the defence now...

[AndyOrch]

Go girl:D

[joan_of_arc]

Good work Andy and thank you....

 

Thank you for all your help too 42man

[joan_of_arc]

OK thanks Andy I've been through that now. If you're still there I've got a couple of questions...

 

Defence

...By way of example the claimant has failed to confirm the date of Agreement/Account numbers upon which the cause of action is based....

 

Have they failed to confirm this by their solicitor not responding to my request for information?

 

...Notwithstanding the matters pleaded above, the claimant must under section 87(1)also sections 76(1) and 98(1) of the CCA 1974 serve a default notice before they can demand payment under a regulated credit agreement.

 

They've issued 2 default notices so do I edit this bit out? Or am I just not admitting to having received them as per below?

 

It is denied that Capital One served a default notice upon the Defendant, alternative a default notice complying with the provisions of section 88 of The Consumer Credit Act 1974.

 

 

Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970

 

Yeah that's well sexy language. I might give up my aspirations of becoming a literary genius and just down pencils and start a law degree. Now I realise why lawyers find it all so alluring! It's like, coded hostility innit? Love it.

 

One more thing. Is there a reason for the italicised section to be in italics?

[AndyOrch]

OK thanks Andy I've been through that now. If you're still there I've got a couple of questions...

 

 

 

Have they failed to confirm this by their solicitor not responding to my request for information? Yes

 

 

 

They've issued 2 default notices so do I edit this bit out? Or am I just not admitting to having received them as per below? Yes they dont keep a copy so you can use this at disclosure

 

 

 

 

 

 

Yeah that's well sexy language. I might give up my aspirations of becoming a literary genius and just down pencils and start a law degree. Now I realise why lawyers find it all so alluring! It's like, coded hostility innit? Love it.

 

One more thing. Is there a reason for the italicised section to be in italics?

no convert it

Post up your final defence and I will give it the once over before submission

Regards

Andy:cool:

[joan_of_arc]

no convert it

 

Post up your final defence and I will give it the once over before submission

 

Regards

 

Andy:cool:

 

That's fantastic, thanks.

 

I'll write it up after tea and post it later on this evening. I think I've got till the 19th so I could send it online tomorrow.

 

Yours sincerely

 

Joan of Arc8)

[AndyOrch]

Solictors call it dinner but never mind welcome to the club BTW what you having?

 

 

Andy