LLOoyds/SCM claimform - Lloyds loan **SUMMARY JUDGEMENT DISMISSED ** BATTLE CONTINUES

[Tonka99]

Hi

Have received Claim form from SECHIARI, CLARK & MITCHELL SOLICITORS

Ref unsecured personal loan valued at +£20k with Lloyds TSB

 

date on claim form 6th Feb 09,

I have submitted Acknowledgment of Service on line today to defend the whole claim.

 

The facts

Last year myself and husband ran into severe cash flow difficultys with

our Business, we are still trying to stay afloat BUT cannot afford to pay

for the full amount of this loan.

 

Loan taken out in Sept 06 in my Husbands name only , But for the rest of the thread it will be classed as Tonka 99 .

 

When the loan was taken out in our local branch he was 64 and has a

medical condition .

 

 

So far I have sent 3 CCA requests 30April 08 July 08 August 08

No relpy to any off them

AIC International sent a demand in July for the full amount and I wrote

to them and asked for the agreements and statements which they replied

there is a fee payable .

Sent them a £10.00 P/O and a £1.00 P/O for SAR & CCA

Received a letter back to say that they confirm that AIC have provided

details of all Data held against the case number to Lloyds TSB, who as

Data Controller will provide you with this information within the prescribed

time frame, together with any addiitional information which they hold.

AIC also acknowledge that you have requested a copy of your Agreement

which we will be sending to you under seperate cover.

This letter was signed by a Human .

 

Needless to say had not heard a thing untill a letter from SCM arrived

dated 2nd Jan 09

" We are instructed by Lloyds to collect the balance of £.......... within

7 days to avoid County Court proceedings being issued against you .

Once proceedings have been issued you will be liable for court costs

and Solicitors costs "

 

Then on Monday the dreaded Claim form from Northampton (ccbc)

 

The Particulars of claim

 

1 The Claimants are Bankers carrying on Business at the Central Processing unit and elsewhere

2 The Defendant is indebted to the claimants in the sum of £........

in respect of accounts maintained by the Defendant with the Claimants

said branch being lent to the Defendant by way of an agreement

regulated by the Consumer Credit Act 1974

3In breach of the agreement, the defendant failed to make payment

and on 00.00.08 the claiments issued a Default Notice pursunt to

section 87(i) of the Consumer Credit Act 1974

4 By letter of 00.00.08 from the claiments to the Defendant, the

Claimants demanded repayment of the said sum, 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

AGREEMENT £.....,,

 

OK well I dont know if there is PPI if there is it was missold there will

be penaltys for sure but without the agreement I cant say.

 

What should be the next move CPR SAR CCA and to whom.

 

 

Any help and advice would be very much appreciated.

 

 

Thanks for taking the time to look in

 

Tonka99

[42man]

If it was me in your shoes, and I was defending I would send them this (recorded). However they won't want to let this one go lightly.....You should also create a dispute with Lloyds too with regard to the PPI.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 - the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Have a read of this... - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

A SAR to the original creditor could be a good move too....as you know this will cost £10 (send postal orders) and send recorded/guaranteed

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, 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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. 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.

4. 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.

5. 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).

6. Details of any collection charges 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.

7. 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.

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

9. 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.

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

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[Tonka99]

Hi 42 Man

 

Very many thanks for you advice , I have done a CPR 31.14

which is ready to go Sat to reach SCM on Monday 16th .

 

Have been reading around the Legal site and thought maybe

a CPR 18 would be better than a SAR seeing as Lloyds have

not replyed twice before to my requests, also I have been

able to enter AIC name for information in to it ( any thoughts)

our post goes at 12 Sat .

 

You also suggest that I start a PPI claim with Lloyds unfortunatly

i cant find my copy anywhere we moved to Cornwall soon after

the Loan was taken out as we were between Business,es and

all our worldly possessions were put into storage.

 

Sorry it took so long to get back to you Im not able to do much

on site during the day , and Sat 14th we are fully fully booked

which is great for the Till.

 

Thanks for taking the time to help

 

Tonka 99

[Tonka99]

Hi all

 

Update

 

Have not had any reply from SCM , I have to have the defence

in by 11th March , I have found the Default Notice and the figures

on that and the Court claim are not the same am trying to upload

them on photobucket , and yes there is PPI which seems to be paid

in full at the start of the loan .

Panic is setting in any advice please

 

Thanks for looking in

 

Cheers Tonks

[Tonka99]

 

Hope you can open these

 

Tonks

[42man]

Not working Tonka....have you tried using www.photobucket.com (free) and there is a tutorial here if need be - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

As for your defence, if they have not complied with your CPR 31.14 then....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

[42man]

As for the PPI...then a read here might help too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

[Tonka99]

Hi 42 Man

 

Hope i have got it right this time will delete when advice given

have been putting defence together from bits and bobs around

the site

Many thanks for helping

 

Tonks

Edited March 11, 2009 by Tonka99
take out photos

[Tonka99]

Hi all

Im trying to put a defence together have bits from several around the site

have not got much to go on , dont have an agreement do have the D/N

the totals do not match the POC also does anyone know if a Loan that

is over say £20000.00 still coverd by the CCA 1974 Act

Any advice would be very welcome Panic has set in logic has gone

Thanks for looking in

Tonks

[42man]

Be warned Sechiari Clark & Mitchell and Lloyds themselves are reading these threads......

[42man]

With no signed agreement they are pretty stuffed....have they not replied to your CPR at all ?

[42man]

I'd also have a read here too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

[Tonka99]

Hi 42 Man

 

Very many thanks , well as i thought the SCM have sent

the CCA to day they have had this since the 24th last month

but have only just sent it , this is what we got

 

 

They have not sent anything in reply to our CPR 18 which is needed

to see how the PPI has been worked out and what charges have

been added , can i get the court to insist they send this info , also in

the letter it says" we donot keep copies of DN" well well

 

On to the defence have looked at loads and am putting together

today will post up just to be sure am not getting in wrong.

 

Will remove photo,s soon as someone has checked them .

 

very many thanks for your time

 

Tonks

Edited March 11, 2009 by Tonka99
Take out photo

[42man]

Is that all they sent you ? I can't see any prescribed terms on the signature page !!!?

[Tonka99]

Hi 42

 

it is carried on from photo in post (8)

 

Thanks Tonks

[Tonka99]

Soz Post 8

[Tonka99]

Hello all

 

could some kind person help ,defence due in Wed 11th

 

Panic mode now on

 

Thanks for looking

Tonks

[underdog13]

Sorry I don't have enough legal knowledge to help you, Tonka99, but if no one else comes along try clicking the red triangle underneath your avatar, to alert a mod and ask for help.

 

Best of luck with your case:)

[42man]

Did you have a look at the defences in post 6 ?

[Tonka99]

Hi 42

 

soz just got back from the bank .

 

Yes ive pulled some bits from around the site as well ,

what I should like to know, is the agreement ok and the

D/n , what they havent done is sent the charges and PPI

info CPR 18 unless they send it tomorrow as the totals are

differant on DN to POC will that make a differance at all

 

Really need to move this along asap will be having breakdown

at this rate if only i had this cca last week they have had it

since 24th seems unfair to be late with their paperwork .

Nevermind must stay positive and press on

 

Many thanks 42 and underdog

 

Tonks

[Tonka99]

[Tonka99]

[Tonka99]

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[Tonka99]