LTSB Court claim - help please

[foolishgirl]

Another thought;

 

You say that you sent in a short defence. Can you post it please?

[remus]

I know the amount they are claiming is wrong, and I have included bank statements in my defence. They ignored my cpr 18.

 

There are no late charges, only loan charges once a month.

 

My initial defence was via Northampton bulk, it was that their poc was embrassing etc, to enable me time to gather evidence.

[foolishgirl]

I know the amount they are claiming is wrong, and I have included bank statements in my defence.

 

Is this because they have not credited the correct amounts?

They ignored my cpr 18.

 

What exactly did you ask for in your request?

 

There are no late charges, only loan charges once a month.

 

So do you have a full set of statements from them?

What sort of charges? Do you mean interest?

They shouldn't be charging you anything other than the monthly amount you were contracted to pay although that may be accumulating as you haven't made regular payments.

Did they send any T&Cs with your agreement?

 

My initial defence was via Northampton bulk, it was that their poc was embrassing etc, to enable me time to gather evidence.

 

So did the order for a full defence come a local DJ? And was this after a case management hearing or just thro' the mail?

 

Sorry, lots of questions but it all helps to formulate a defence.

[remus]

foolishgirl, I have been doing research as to the default, http://www.consumeractiongroup.co.uk...t-2166205.html kindly pointed out by citzenB,

 

the enforcement notice says they intend to terminate the agreement on 25/9/06. No loan charges appear in september or october 2006, but £300+ in november and £100+ in december 2006 the same day the account was closed.

 

Has this any bearing on my defence?

 

keep cross posting! just looking at your last post

[remus]

I have not had a statement on the loan account since 6/12/06, so have no idea what they have credited to the account, they said I had not paid anything, but 'found' £30.

 

I asked for everything in the cpr 18, true copy of agreement, copies of docs to be relied on in court, logs, audits, transcripts etc.

 

I have statements up to the 6/12/06 and they have attached statements up to 20/12/06.

 

The charges state 'loan charges' and I have just realised they are every 3 months! no other breakdown.

 

They have attached standard loan conditions.

 

The Judge ordered via post that LTSB furnish the agreement and default and once thy had done this I would need to submit a full defence. LTSB applied to vary the order, to remove the need for the default notice pursuant to CPR 3.3(5).

[foolishgirl]

 

The charges state 'loan charges' and I have just realised they are every 3 months! no other breakdown.

 

Could this be a calculation of interest?

They have attached standard loan conditions.

 

What do you mean by standard?

Is there anything in there about interest being charged after termination?

Is there anything in there about the whole balance being due immediately if you default on payments?

 

The Judge ordered via post that LTSB furnish the agreement and default and once thy had done this I would need to submit a full defence. LTSB applied to vary the order, to remove the need for the default notice pursuant to CPR 3.3(5).

 

FG

[remus]

standard loan conditions.

 

"http://i185.photobucket.com/albums/x46/remus_09/scan0020.jpg"

 

The loan charges must be a calculation of interest.

Edited July 30, 2009 by remus

[steven4064]

LTSB applied to vary the order, to remove the need for the default notice pursuant to CPR 3.3(5).

CPR 3.3(5) is an application to set aside, vary or stay an order (ie the order for them to supply the DN - on what basis have they made this request? It is by no means certain the court will grant them their request under CPR 3.3(5)

[foolishgirl]

CPR 3.3(5) is an application to set aside, vary or stay an order (ie the order for them to supply the DN - on what basis have they made this request? It is by no means certain the court will grant them their request under CPR 3.3(5)

 

Thanks for dropping by, steven.

 

It seems that the court has already granted the request, I think based on the fact that the claimant told them they didn't keep copies of the DNs to produce (I know, sigh..). They have supplied an agreement (at long last) which IMO looks improperly executed (no total credit sum) but still enforceable (prescribed terms present). Would you mind casting your 'expert' eye over it please? It's Post #70.

 

However the DN looks as though it could be a bit of a mish-mash

[citizenB]

FG, in answer to your pm... ukaviator has commented below

 

 

The prescribed terms for enforceability under s127(3) are given in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 for fixed sum loans (e.g. bank loans, hire purchase agreements), the agreement must contain a term stating the amount of the credit.

 

The agreement must contain a term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

 

(a) number of repayments

(b) amount of repayments

© frequency and timing of repayments

(d) dates of repayments

 

HTH

[foolishgirl]

Thanks CB & UK - as I thought

[popeye1]

No total credit sum ,the amount of credit ,are these not the same .[good luck remus]

[foolishgirl]

No total credit sum ,the amount of credit ,are these not the same .[good luck remus]

 

Amount of credit is usually just the principal.

Total credit includes the principal + interest.

As I understand it, on a loan agreement both figures should be included to be in line with the CCA Regs (i.e. total credit) but the former (amount of credit) MUST be included as a prescribed term.

 

So although this agreement does not contain a total credit sum, it is enforceable because it includes an 'amount of credit' sum (principal)

[ukaviator]

No total credit sum ,the amount of credit ,are these not the same .[good luck remus]

 

These amounts are rarely the same. Most loan companies add acceptance fees, insurance etc to the amount of credit, and add interest as well.

[popeye1]

Thanks for that

[remus]

Hi all, update on my case,

 

I have heard nothing from the court, but have received a letter from SCM sols, stating no judgement has been obtained and asking me nicely to arrange payment.

 

I wish I was in a position to do a one off full and final.

 

Should they be per suing this through the court? rather than direct with me.

Not sure what I should be doing, if anything.

 

Any thoughts?

[foolishgirl]

Did you submit your full defence as ordered by the court, remus? If so, when? Have you had an AQ from the court yet? Did you complain to the SRA as suggested?

 

It is all a while ago - could you just bring us concisely up to date on the order of events please remus?

[remus]

Hi foolishgirl, yes I submitted my full defence (with my copy of the default Letter and pointing out the fact the default had not been served in the correct time scale), this was at the start of July.

I had an AQ in December 08.

My complaint to the SRA has been closed, as they believe a formal investigation is not required at this stage, but it has been passed to their Practice Standards Unit.

[citizenB]

Hi foolishgirl, yes I submitted my full defence (with my copy of the default Letter and pointing out the fact the default had not been served in the correct time scale), this was at the start of July.

I had an AQ in December 08.

My complaint to the SRA has been closed, as they believe a formal investigation is not required at this stage, but it has been passed to their Practice Standards Unit.

 

 

Amazing, they dont believe a formal investigation is required. At least 20 complaints have been sent for this solicitor alone.. !!

 

I think you just need to wait to hear from the court with a court hearing date.

[remus]

Hi citizenB, I think I was one of the first to get my complaint in back in July, so they might be thinking differently now!

 

I am going to wait to hear from the court, not sure if I should respond t SCM.

[foolishgirl]

IMO ignore SCM

[remus]

Hi all, nothing from the court to date, but.... SCM have issued a claim via CCBC;)

Do I go for the short defence and ask for it to be heard at my local court, or should I be going for a different defence in light of the information on my thread?

Any thoughts.

[foolishgirl]

So what happened with the defence you had to submit ages ago remus? Did you ever get a hearing date?

 

As this has been going on so long could you just post a diary of events please to bring everybody up to speed?

 

Also can you post the POC that **** have now issued (minus your personal details)?

[remus]

So what happened with the defence you had to submit ages ago remus? Taken into Court by hand. Did you ever get a hearing date? No

 

As this has been going on so long could you just post a diary of events please to bring everybody up to speed?

 

Sept 2008 - claim issued

cpr 18 sent to LTSB. Short defence put in end of September.

 

Middle of October no response from LTSB re cpr, but a letter that they will be requesting judgement against me and I should hear from the court in due course.

Dec 2008 - AQ done.

 

Jan 2009 - Judge has allocated the claim to small claims and as LTSB have indicated mediation, I have received mediation directions. (Mediation done)

June 2009 - Judge has struck out my defence, and wants a full defence,

he has requested LTSB furnish default notice and agreement.

 

Mid June - the judge has allowed non production of the default, they just have to produce the agreement.

My defence is that the poc states I have not been paying, I have.

The amount they are claiming is about £400 more than the default.

I never had a lba.

LTSB assume the judge has rubber stamped the claim and indicate the court will be in touch re payment. (July, letter of complaint to SRA)

LTSB have no default notice, (I have) and are asking for this to be taken into account.

July 2009 Defence in.

 

Post 70 agreement and default.

 

November 2009 - I have heard nothing from the court, but have received a letter from SCM sols, stating no judgement has been obtained and asking me nicely to arrange payment. (I am still paying nominal amount).

 

Also can you post the POC that **** have now issued (minus your personal details)?

 

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.

 

Exactly the same as the original poc.

Edited February 2, 2010 by remus

[foolishgirl]

Thanks for the update remus - so much easier to have it all together.

Just a query re: 'LTSB have no default notice, (I have) and are asking for this to be taken into account' Is it you or LTSB that is asking for the DN to be considered?

 

IMO they've forgotten they've issued a claim in Sept. 2008 & that a defence was submitted in July 2009 on court orders. However they can't just 'forget' & re-issue but at the moment you will definitely have to submit the AS & then consider your defence, strike out etc. This really is a strange one, maybe tickle the red triangle for some site team input?