Court Papers Received _ Clydesdale Loan

[scotia]

Hi Folks

 

Mrs Scotia had a credit card with Clydesdale Bank in early 2003, they kept upping the limit when they were putting charges on it, so eventually, when it reached a few thousand they offered her a new personal loan to pay of her existing loan, and the credit card..........

 

We received the paperwork, signed it and sent it back, then a week later we were contacted and told it would need to be at a higher rate because we had a couple of late payments showing on our record....and again that PPI had to be included in the loan......so they resent new paperwork, which showed higher APR, and more for the PPI too......anyway......we got into problems and after 12 months of the 60 month loan, we entered into a DMP with CCCS....Every one of the companies was cool about the reduced payments apart from Clydesdale....they kept hassling us, until recently......

 

Court papers received last week saying they want all the money.....need to put in a defence....

 

I was thinking along the lines of....the original credit card had loads of charges....this was joined into the new loan, as well as PPI.....The PPI was included on original loan and subsequent one.....and even though we told them that our employers have an excellent sickness package (ie full pay 6 months...half pay 6 months....plus pensions etc)they wouldn't let her take out the loan unless it included PPI...

 

So could i defend along these lines.......if i get back PPI plus charges it would be touch and go if balance was cleared...so it makes a difference....

 

I have already done a CCA to Clydesdale (was hoping they couldn't find it...btu they did)...everything appears to be tickety boo.......so i think my only way of fighting is above....

 

Any help ??

[scotia]

Any help please ? i only have a few days before i have to send back court papers and i don't have a clue !!

[42man]

Bumping this up for you Scotia...

[IdaInFife]

Hi Scotia,

 

To reclaim any charges you need to send them an SAR.

Subject Access Request - Consumer Wiki

 

To reclaim PPI.

PPI - Consumer Wiki

 

 

You defence would need to be that you are in dispute with the amount and in process of claiming back charges and PPI.

 

 

 

ida x

[rory32]

What are the Details of Claim?

[scotia]

I will scan in the documents and put them up here later today, unfortunately i cannot SAR etc because i have already received the court papers, and have to decide whether to defend it by tomorow.......so don't have time to wait....

 

The total debt is for approx £12k...original loan was taken to pay off and existing clydesdale personal loan and an ever increasing credit card (so will be SAR these to check for charges etc)

 

We have been making payments for the last 2 years through CCCS of approx £150 per month to Clydesdale, yet due to us missing a payment a few months ago they have decided to proceed with court action.....

 

I have sent off a letter to the Claimants solicitors asking for copies of all documents to aid me in making my defence, i have also asked for statements of the previous credit card, and personal loan statements (although not mentioned in their 'Particulars of claim' i am hoping they will supply these for me)

 

I have to return the court papers stating my intention to defend by the weekend

 

HEEEEEEEEEEEELLLLLP

[jake44]

We had the same thing with Clydesdale and they took us to court for a debt of £170 !!! We also have a larger loan with them that was handed over to their ' in house ' debt collectors. The loan was for approx 12K . With interest it came to nearly 17k....... !! we have been paying this for years . we are now down to just under £7000. We learned the hard way , and now realise that we should never have taken that kind of loan on again but at the time it seemed like a good escape for us............

hope everything goes ok for you.............

[scotia]

ok here it goes.....i have shown below all the pages in the initial court papers received.....more to follow !

 

 

 

 

 

 

 

 

 

I have returned Form 07 - Intent to defend with the fee

[scotia]

I decided to CCA the OC to see what they had....and they returned this.....

 

 

 

 

 

 

 

 

However when we were looking through boxes of paperwork from years back we found another agreement identical to this one but with different figures on it...........! ?

 

We remember that Clydesdale originally sent us the original which Mrs Scotia signed and sent back, then we got a phonecall a few days later to say that because we had a few late payments on the credit card there was charges on top of original settlement figures obtained and that they would have to redo the loan (Both credit card and loan were Clydesdale ones !)....at the time we were naive so we went along with it......got the new documents (the ones above) and sent them off.....end off.....until we were struggling and had to enter a DMP with CCCS

Edited October 29, 2008 by scotia

[scotia]

And today i have received a letter from the court......with various dates on it....the first one being '7/11/08 is the last day for lodging defences'.....i have already sent a letter off to the solicitors at the same time i returned intent to defend notice, asking them for copies of documents they rely on etc......

 

Should i SAR Clydesdale to get all the other info ????

[scotia]

bump ^^^ any help ?

[IdaInFife]

Hi Scotia,

 

To get the info as what they are relying on in court i think you need to send the solicitors this:

 

In the XXXX Sheriff Court

Pursuer -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, I request you to provide me with the information and documents detailed below.

 

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

 

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 ORIGINAL CREDITOR.

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 must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

I think you would need to send an SAR off to get PPi and charges total but they have 40 days to produce this which may not give enough time

 

But as its an ordinary cause you will need to get advice from a solicitor because of the cots involved and the defence has to be word perfect ( I have nicked you sentance Rory) You can find a solicitor that is good with consumer law if you contact your local CAB)

 

Rory may be able to help with case law etc that may be needed but I am sure he will advise the above to seek a solicitor

 

 

Ida x

 

 

Ida