LTSB Court claim - help please

[remus]

Hi, have received claim from LTSB for a loan.

POC

1 By a loan agreement in writing & regulated by the Consumer credit Act 1974, the Claimants agreed to lend monies to the Defendant.

2 The defendant is indebted to the Claimants in the sum of .... in respect of a personal loan numbered... and maintained by the defendant at the Claimants Branch. (This was a staff unsecured loan).

3 In breach of the said agreement, the Defendant failed to make payment and on 2006 the Claimant issued a default notice pursuant to section 87(i) of the Consumer Credit Act 1974.

4 by letter of 2006, from the Claimants to the Defendant the Claimants demanded repayment of the said amount, 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 ...

6 THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE LOAN AGREEMENT.

 

I paid a reduced amount when I first left LTSB, then CAB helped with a payment plan on all my debts.

LTSB passed the debt to 1st credit, who I complained about to the OFT and the debt was returned to LTSB.

I have been paying a token amount each month since.

I did receive a letter from SCM sols 3 weeks ago requesting I ring them, but was waiting for BT to fix the line.

 

Could someone advice as to my next step?

Do I defend as they claim I have paid nothing, when I have paid each month?

From default to date the amount has increased by over £400.

Requested cca from 1st credit may 2007, still waiting.

[42man]

OK....in the first instance you need to acknowledge the claim within 14 days of the date on it.....

 

Then I believe you have another 14+3 days to submit a defence....I presume you are going to defend all of this ? right in the first instance send this letter below (by recorded delivery/guaranteed) to the opposing solicitor (or whoever's name is on the claim form) - keep an eye on the timescales, and have a read through the legal successes forums also...

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR 18

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

[42man]

Did you receive a letter before action ??

[remus]

Thank you for the response 42man

 

NO LBA!

 

Will acknowledge and send request under cpr.

[remus]

Question - should the lba notification be clearly obvious that that is what it is, a letter before action?

I thought Marlins/Mortimer Clarke had not sent an lba, but have just noticed a letter received from them and under the reference they have put lba 33333.

Checking LTSB correspondence.

Edited September 6, 2008 by remus
add

[Having_A_Knightmare]

You could go for ackowledgment and get 28 days

[remus]

You could go for ackowledgment and get 28 days

Hi HAK, you mean online acknowledge, send cpr request and wait and see what comes through?

[Having_A_Knightmare]

Part of the Court claim doc, there is a section that gives you 28 days. Fill that in and send it to the Court special delivery.

 

Also send the CPR request to LTSB soon as given them 14 days.

 

Dont worry there is plenty of help on here to do your defence.

 

HAK

[remus]

Thanks for that HAK, will do.

[remus]

Hi Nothing back from LTSB, getting a bit concerned as time is getting on for putting a defence together.

Would I be able to ask for an extension as i have not received a response to cpr 18?

Any help please

[42man]

OK so nothing back from the CPR 18 sent.....

 

Have a look at this defence here...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html?highlight=birkenhead

[remus]

Thanks 42man, will send the short defence to get the ball rolling.

[remus]

Hi I sent the short defence, and have just checked online, it was received 30th September.

No response from SCM sols re my cpr request, but today have received a letter that they will be requesting judgement against me and I should hear from the court in due course.

I am confused, is this right??

[42man]

Strange you obviously didn't get notification of a hearing ?....what else did the letter say ?....is it from the solicitors trying to frighten you ? can you scan / photo it and post it up here (minus personal details and ref numbers)....

[42man]

Ahhh from Marlins / Mortimer Clarke....that explains it...sounds like they are trying to frighten you !!!

[42man]

I would ring the court on Monday just to find out where this is....

[remus]

No 42 man not Marlins, this is Sechiari, clark & mitchell, LTSBs sols, they say I should be hearing from the court with judgement in due course.

Included a standing order form with no amount!

Bit worried Ive slipped through, as I was waiting to hear from the court that they had passed me to my local court.

Not sure what to do next.

[remus]

Thanks for that 42 man, will do:eek:

[blind-as-a-bat]

No 42 man not Marlins, this is Sechiari, clark & mitchell, LTSBs sols, they say I should be hearing from the court with judgement in due course.

Included a standing order form with no amount!

.

 

 

well you will hear from the court in due course about a judgment, doesnt mean one has been reached yet, and i would still check on monday, but that wording is a bit ambigoues really, and if a judjment had been passed would they not know what amount they wanted a standing order for?

 

I could be wrong but having just started with those sols, and the wording they use is so obviously designed to instill maximum stress by missleading and making what they say sound more serious than it is, it sounds a bit suspect to me.

 

Be intresting to see if it is a bluff

[remus]

Hi all,

not a bluff, SCM sols made an incorrect request for judgement, (OPPS) as I have put in a defence.

 

CCBC have a backlog of 10 days, so its back to the waiting game.

 

Abuse of process?

[blind-as-a-bat]

certainly demonstrates the arrogance they have shown so far in what they have sent me.

 

Good news though, good luck

[remus]

Ok, received my AQ to be returned to my local court in 14 days.

 

Please could someone help with the directions, and any other information ie: do I inform the Judge of the fact they did not know I had defended?

 

thanks for your time.

[remus]

Hi, can anyone suggest a thread I can read, to help me fill in my AQ and directions.

The template AQ 150 is for bank charges, I think I can use a lot of madi's mums posts, but not sure what track I should indicate, and how long it might take.

 

SC&M sols have not responded to my cpr 18, and the amount increased when it was passed to a dc (returned to LTSB when I complained to OFT about the dc).

 

Should my directions follow the lines that they have not furnished me with the paperwork to enable me to put in a full defence?

 

Help!

[joan_of_arc]

Hello Remus. My case sounds a bit like yours. You're welcome to look at what's on my thread :

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157069-court-claim-lloyds-tsb-4.html

[remus]

Thank you Joan, yes it has helped, and I will be following how you get on, nice to see you got the same letter as I did.