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

[cymruambyth]

 

p.s. would like to add that I am a banker (not in the faintest involved with credit though) and in our defence we really aren't ALL bad. some of us are also just trying to earn a decent living!

 

Could be worse, you could be a DCA:D

[JonCris]

Its important to make a counter offer then you should be protected for costs

[Tonka99]

Hello All:)

 

Update

 

Rang the court today as have heard nothing since it has been

moved to the BIG court multi track

Been told that a CMC is to be held next week

 

I am in PANIC MODE

 

Help is needed what do I need to do for that ? didnt know that

was comming my way dont have a full week , the court lady

said the letter was posted on the 6th Nov hope it comes tomorrow

 

Any advice as to what i can expect

 

Thanks for looking

 

Tonks:)

[summerbreeze]

Hi Tonks

I cant advise you on this but I know just how you feel.

Short notice is terrible and makes you panic but I am sure you will get some help soon.

Thinking of you.

SB

[Tonka99]

Hi Summer

 

Thanks for the support , I think im on the right track have

found the CPR part 3 The Courts case management powers

 

Just hope the letter from the courts arrives tomorrow

 

CHeers

 

Tonks:)

[summerbreeze]

when is your trial window ?

[Tonka99]

Summer

 

Thats what i dont understand the Trial Window is set for 30th Nov-

4th Dec ,seems strange to throw this in so near to the trial

 

Hope Andys around soon

 

 

Tonks:)

[Tonka99]

Hello all:)

 

Ok have got the Order from the court

 

Upon considering the court file upon transfer in

It is Ordered that

 

The matter be listed for a Case Management Confrerence on the

** Nov estimate time of 45 mins

1 At least 3 clear days before the hearing, the claimant shall file a

case summary to identify the disputed issues( agreed with the defendant

if possible) together with proposed directions. The defendant may also file a case summary and proposed directions and if so this should reach the

court at least 3 clear days before the hearing.

 

2 the docs to be e-mailed

 

3 Should the parties agree directions and wish to vacate the CMC, the

proposed agreeded directions should be filed 2 clear days prior to the cmc

The proposed directions will be put before a DJ and the parties will be informed whether the CMC is vacated upon the specific agreement of a

judge in exceptional circumstances.

 

4 The DJ has decided that this CMC is not suitable for a telephone hearing

 

 

 

If I have to file a case summary it has to be at the court tomorrow at the latest .

 

HELP Please

 

 

Tonks:)

[AndyOrch]

Hi Tonks

 

You ok with preparing a Case Summary?

 

Andy;)

[Tonka99]

Hello Andy :)

 

No im scared at the moment having a real wobbler:eek:

 

Just tell me to get it together please

 

Tonks:)

[AndyOrch]

Pull yourself together woman:D

 

CMC merely a meeting to iron out and narrow the disagreements before trial.

You have been there all ready, you have savored success,the Barrister is still licking his wounds from the SJ hearing, now come on get some fire in your belly!!!

 

 

Andy

[Tonka99]

Thanks for that Andy

 

Will be on it later as im working now , shall I post it up for

all to see before I send it over

 

What your saying is that the case will not be decided at the CMC

 

do I need to do a costs thingy

 

also Joncris has posted on here about the C/C can you explain

 

Thanks im back on track now

 

Tonks:)

[AndyOrch]

Thanks for that Andy

 

Will be on it later as im working now , shall I post it up for

all to see before I send it over Yes and Ill give it the once over

 

What your saying is that the case will not be decided at the CMC Yes

 

do I need to do a costs thingy Yes

 

also Joncris has posted on here about the C/C can you explain This matter all ready involves a CC and reduces the risk in costs ie Multi Track

 

Thanks im back on track now

 

Tonks:)

 

Andy

[kel123]

Tonks

 

Just a few words of support

 

Don't get mad get even & don't let them nice people at [problem] get you down LOBL

 

kel

[Tonka99]

Hello All

 

Been looking at the CCA could someone please tell me if a Loan

for £25000 + LPI £7745 would still be regulated by the CCA1974

 

The full amount on the agreement is £46000

 

Thing is in SCuMs 1st witness statement they state paid into

account £46000 now they are saying £32000

 

Thanks for looking im in for a late one

 

Tonks:)

[MandM]

Hello All

 

Been looking at the CCA could someone please tell me if a Loan

for £25000 + LPI £7745 would still be regulated by the CCA1974

 

The full amount on the agreement is £46000

 

Thing is in SCuMs 1st witness statement they state paid into

account £46000 now they are saying £32000

 

Thanks for looking im in for a late one

 

Tonks:)

 

My agreement is 25k exactly (plus interest to be charged of 9K) but it is covered under cca74.

However, even though I was only one year in when i defaulted the POC amount (outstanding balance) is under £25k so just managed to keep it out of Multi track (looks expensive). i think i'm trying to say that if the amount you borrow is 25k or less (before interest/charges) then it seems that it is covered by CCA.

Hopefully someone much brighter than me will be along soon,

Will be watching ya Tonks, Hope all goes well

 

M

[Tonka99]

Hello Andy & all

 

This is my atempt at the Case Summary

 

Its now 5.33am

 

In the * County Court

between Lloyds

and

Mr Tonka

 

I) Mr Tonks of ***************************************

am the Defendant in the above case and am a Litigant in Person

Do not deny that a contract once existed between myself and the Claimant.

 

 

2 )On the 14th October 2006 the claimant advanced £25,000 into the defendants account

Not £46021.92 as stated in the claimants 1st witness statement, also £7,745.30 was paid

to Lloyds General Insurance Ltd / Prudential Assurance Co Ltd .

The defendant had repeatly asked for sight of the Underwriting sheet for the Payment to

the above named Insurance Company and any commissions to the Insurance company and

the claimant's employee for the selling of the Loan Protection Insurance.

On the 21st September 2009 at the **** county court before District Judge X an application was made for Specific disclosure : to which the claimant's counsel

replied that no such documents existed , The District Judge had no option but to dismiss

the application.

 

 

3) On the 8th January2008 the defendants wife Mrs Tonks after consulting The

Citizen Advice Bureau had a meeting with my local branch manager Mr X

to explain our Business had taken a considerable downturn in trade and we could not manage

to pay both loans that we held with the bank, the defendant has been a customer of the bank

for over 35 years and held a excellent credit rating , the banks manager Mr X would

not offer any assistance to our proposal to consolidate the two loans.

 

 

4 On the 23rd April 2008 the defendant received a Letter before Action from the claimants

collections centre it was dated 14th April 08 , I have retained the envelope the date of posting

was the 17th April 08 2nd collection, the letter states “you must now pay the FULL balance”

which the defendant assumed meant that the account had been Terminated.

 

 

5) On the 28th April the defendant requested a Subject Access Request Data Protection Act

1988 a receipt for the £10.00 Postal Order and Special Delivery posting have been kept.

 

 

6) On the 1st of May 2008 the defendant received a Default Notice dated the 24th April 2008

this also came from the claimants collection centre in Brighton the said Default Notice did

not then give the defendant the clear 14 days to remedy the breech I put the claimant's to

strict proof that they did indeed send the said Default Notice on the 24th April 2008.

 

 

7) If the termination followed on from the delivery of the Default Notice on the 1st May 2008

and which gave the defendant only 12 days to rectify any default mentioned in it, the

termination of the agreement prior to the expiration of the period given to the defendant in the

default notice was a termination which did not then entitle the claimant to demand earlier

payment.

 

 

8)The claimant's claim also included mis-sold Loan Protection Insurance a Counter-claim has

been approved by District Judge X on 21st September 2009

 

 

9 )On the 13th May 2008 the claimant's Solicitors issued a Formal Demand

 

 

10) On the 3rd June 2008 the claimant's Solicitors issued another letter followed by on the

5th June yet another letter when in fact the defendant had not received the 1st letter dated

the 3rd June 2008.

 

 

11) By now 36 days of the 40 days allowed had lapsed from the Subject Access Request to

which to this day no reply has been forwarded .

 

 

12) On the 6th July 2008 the defendant sent a Section 77-79 request for a true copy of the

Consumer Credit Agreement for the Loan Account no reply has ever been received.

 

 

13) On the 29th July 2008 the defendant received a card from Allied International Credit Ltd

dated 21st July .

 

 

14) On the 11th August 2008 the defendant again sent a request under Section 77-79 for

a copy of the Loan Agreement and also a Subject Access Request Data Protection Act

1988 to Allied International Credit Ltd to which it was replied “Your requests have been

forwarded to Lloyds Bank who as Data Controller, will provide you within the prescribed

time frame together with any additional information, which they may hold .No data was

ever received .

 

 

15) It is averred that the claimant and its representatives have acted unreasonably in the

selling of the Personal Unsecured Loan and the Loan Protection Insurance . And have

not given enough help and support to the defendant to enable the debt to be discharged

before starting Litigation.

 

 

16) At a Summary Judgement Hearing before Deputy District Judge X at

***** County Court on the 21st July 2009 .

The DDJ found that the Consumer Credit Agreement 1974 did not comply with the

Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in that the prescribed

terms and the signature boxes were not contained within the four corners of the agreement

and that no links could be found between the first document and the second document which

the defendant signed .

 

 

 

 

 

CASE SUMMARY FOR THE MIS-SOLD LOAN PROTECTION INSURANCE

________________________________________________________________________________

1)On the 14th October2006 the defendant entered into a Person Loan contract with Lloyds TSB

Bank PLC Account No *******

 

 

2) At the time the defendant was 64 years of age

 

3)The defendant was self employed and held three accounts with Lloyds Bank one of which

was and is a Business Account .

 

 

4) The defendant at the time had a Insurance Policy with Scottish Equitable to the sum of

£120000 which can be clearly seen on the bank account statements DD £135.00 per month.

 

 

5 )The defendant had a pre existing medical condition which has since become far more serious

 

 

6) The defendant was not informed that Loan Protection Insurance was available at a later

date or that it could be purchased from another source .

 

 

7) It is denied that a copy of your Personal Summary and Our Recommendations was issued

at the time as the address on the copy supplied by the claimant's solicitors is different from

the time the Loan Protection Insurance was sold to the defendant.

 

 

8)The defendant at the time knew nothing of consumer law and relied upon the advice

and integrity of the banks representative Ms X who knew that the defendant was

self employed as he held a business account at the same local branch in which Ms X

is a representative Ms X would also have known that the defendant was 64 years of

age as it is required as date of birth for the application and would have confirmed that the

cover would only have been provided for 6 months until the defendants 65th birthday.

 

 

9)At the time the Loan Protection Insurance was sold the defendant had sold his business

and was without a forwarding business or address .

 

 

10) The defendant then moved to Cornwall for the next four months until purchasing his

now Business living in a touring Caravan .

 

 

11) In January2008 the defendants business took a considerable downturn in trade and the

defendant was unable to honour the Personal Loan repayments .

 

 

12) Looking to the Loan Protection Insurance to finance repayments of the credit and charge

for credit it was apparent that the defendant was now too old and not now able to claim for

Unemployment , Accident or Sickness benefit or Hospitalisation Cover ,which in fact left

the defendant with just a very expensive Life cover.

 

 

13) The Loan for the Loan Protection Insurance was £7745.30 total charge for credit £3140.26

had the Loan protection Insurance not been mis-sold the defendant may well have been able

to afford the monthly payments to service the Personal Loan

 

 

14) The defendant would put the claimant to strict proof that no commissions have been paid

to either Ms X or indeed to Lloyds General Insurance Ltd /Prudential Assurance Co Ltd

 

 

STATEMENT OF TRUTH

 

 

I Mr Tonks believe the above statements to be true and factual

 

 

Signed today 11th November 2009

 

 

Well I have had enough for one day

 

 

Advice comments please this has to be sent over to the court by 4pm

today Thursday

 

 

 

Thanks for looking and all your support everyone

 

Tonks:)

Edited November 12, 2009 by Tonka99
spelling

[the_shadow]

5) On the 28th April the defendant requested a Subject Access Request under the Data Protection Act 1988 a receipt for the £10.00 Postal Order and Special Delivery posting have been kept.

 

6) On the 1st of May 2008 the defendant received a Default Notice dated the 24th April 2008 this also came from the claimants collection centre in Brighton the said Default Notice did not then give the defendant the clear 14 days required under the Consumer Credit Act 1974 to remedy the breech I put the claimant's to strict proof that they did indeed send the said Default Notice on the 24th April 2008.

 

7) If the termination followed on from the delivery of the Default Notice on the 1st May 2008 and which gave the defendant only 12 days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to the defendant in the default notice was a termination which did not then entitle the claimant to demand earlier payment and therefore is a clear unlawful rescission of contract.

 

8)The claimant's claim also included mis-sold Loan Protection Insurance and a Counter-claim has been approved by District Judge X on 21st September 2009

 

11) By now 36 days of the 40 days allowed had lapsed from the Data Protection Act Subject Access Request to which to this day no reply has been forwarded .

 

12) On the 6th July 2008 the defendant sent a Consumer Credit Agreements 1974 Section 77 request for a true copy of the

Consumer Credit Agreement for the Loan Account. No reply has ever been received.

 

14) On the 11th August 2008 the defendant again sent a request under Section 77 of the Consumer Credit Act 1974 for a copy of the Loan Agreement and also a Data Protection Act 1988 Subject Access Request to Allied International Credit Ltd to which it was replied “Your requests have been forwarded to Lloyds Bank who as Data Controller, will provide you within the prescribed time frame together with any additional information, which they may hold .No data was ever received .

 

16) At a Summary Judgement Hearing before Deputy District Judge X at

***** County Court on the 21st July 2009 the DDJ found that the Consumer Credit Agreement did not comply with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in that the prescribed

terms and the signature boxes were not contained within the four corners of the agreement and that no links could be found between the first document and the second document which the defendant signed .

 

CASE SUMMARY FOR THE MIS-SOLD LOAN PROTECTION INSURANCE

________________________________________________________________________________

10) The defendant then moved to Cornwall for the next four months until purchasing his new Business living in a touring Caravan .

 

A few possible edits, see if Andy agrees with them.

 

Well I have had enough for one day

 

 

Keep your chin up!

 

S.

[mkb]

More proof reading for you. Have changed sentences & added bits but have a think about the comments in red - I think (for what it's worth ) that it may strengthen you case. Hope it helps

 

-----------------------------------------------------------------------

 

I) Mr Tonks of ************************* **************

am the Defendant in the above case and am a Litigant in Person

I do not deny that a contract once existed between myself and the Claimant.

 

 

2) On the 14th October 2006 the claimant advanced £25,000 into the defendants account, not £46021.92 as stated in the claimants 1st witness statement, Additionally, £7,745.30 was paid to Lloyds General Insurance Ltd / Prudential Assurance Co Ltd for a Payment Protection Insurance policy.

The defendant had repeatedly asked for sight of the Underwriting sheet for the Payment to the above named Insurance Company and any commissions to the Insurance company and the claimant's employee for the selling of the Loan Protection Insurance.

On the 21st September 2009 at the **** county court before District Judge X, an application was made for Specific disclosure to which the claimant's counsel

replied that no such documents existed. The District Judge had no option but to dismiss

the application.

 

 

3) On the 8th January2008 the defendants wife Mrs Tonks, after consulting The

Citizen Advice Bureau, had a meeting with the Bank’s local branch manager, Mr X, to explain that our Business had taken a considerable downturn in trade and we could not manage to pay both loans that we held with the bank.

The defendant has been a customer of the bank

for over 35 years and held a excellent credit rating. Despite this, the banks manager Mr X would not offer any assistance to our proposal to consolidate the two loans.

 

 

4) On the 23rd April 2008 the defendant received a Letter before Action from the claimants collections centre dated 14th April 08. I have retained the envelope which shows the date of posting as being the 17th April 08, 2nd collection.

The letter states “you must now pay the FULL balance”

by which the defendant assumed that the account had now been Terminated.

 

 

5) On the 28th April the defendant requested a Data Protection Act 1988 Subject Access Request. The receipts for the £10.00 Postal Order and Special Delivery posting have been retained.

 

 

6) On the 1st of May 2008 the defendant received a Default Notice dated the 24th April 2008. This was sent from the claimants collection centre in Brighton. The Default Notice required an amount of £xxx to be repaid by xx/xx/xx therefore did

not then give the defendant 14 clear days to remedy the breach and I put the claimant to strict proof that they did indeed post the said Default Notice on the 24th April 2008.

 

 

7) If the termination followed on from the delivery of the Default Notice on the 1st May 2008 and which gave the defendant only 12 days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to the defendant in the default notice was a termination which did not then entitle the claimant to demand earlier payment.

Should there be a ref to Woodchester etc here?

 

The claimant's claim also included mis-sold Loan Protection Insurance. A Counter-claim has been approved by District Judge X on 21st September 2009

 

 

9) On the 13th May 2008 the claimant's Solicitors issued a Formal Demand

 

 

10) On the 3rd June 2008 the claimant's Solicitors issued another letter followed by on the 5th June yet another letter when in fact the defendant had not received the 1st letter dated the 3rd June 2008.

 

 

11) By now 36 days of the 40 days allowed had lapsed from the Data Protection Act 1988 Subject Access Request.

No reply has ever been received.

 

 

12) On the 6th July 2008 the defendant sent a Consumer Credit Agreement 1974 Section 77-79 request for a true copy of the Consumer Credit Agreement for the Loan Account.

No reply has ever been received.

 

 

13) On the 29th July 2008 the defendant received a card from Allied International Credit Ltd dated 21st July. What did this card & AIC ask for?

 

 

14) On the 11th August 2008 the defendant again sent a Consumer Credit Act request under Section 77-79 for a copy of the Loan Agreement and also a Data Protection Act 1988 Subject Access Request to Allied International Credit Ltd to which it was replied “Your requests have been forwarded to Lloyds Bank who as Data Controller, will provide you within the prescribed time frame together with any additional information, which they may hold.

No data has ever been received.

 

 

15) It is averred that the claimant and its representatives have acted unreasonably in the selling of the Personal Unsecured Loan and the Loan Protection Insurance, and have not given adequate help and support to the defendant to enable the debt to be discharged prior to commencing Litigation.

 

 

16) At a Summary Judgement Hearing before Deputy District Judge X at

***** County Court on the 21st July 2009. The DDJ found that the Consumer Credit Agreement 1974 did not comply with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in that the prescribed terms and the signature boxes were not contained within the four corners of the agreement and that no links could be found between the first document and the second document which

the defendant had signed.

 

 

 

 

 

CASE SUMMARY FOR THE MIS-SOLD LOAN PROTECTION INSURANCE

_________________________ _________________________ _________________________ _____

1) On the 14th October2006 the defendant entered into a Person Loan contract with Lloyds TSB Bank PLC, Account No *******

 

 

2) At the time the defendant was 64 years of age

 

3) The defendant was self employed and held three accounts with Lloyds Bank, one of which was, and is, a Business Account.

 

 

4) The defendant at the time had a Insurance Policy with Scottish Equitable to the sum of £120000 which can be clearly seen on the bank account statements as a direct debit payment of £135.00 per month.

 

 

5) The defendant had a pre-existing medical condition which has since become far more serious.

 

 

6) The defendant was not informed that Loan Protection Insurance was available to purchase at a later date nor that it could have been purchased from any other source.

 

 

7) It is denied that a copy of your Personal Summary and Our Recommendations was issued at the time as the address on the copy supplied by the claimant's solicitors is different from the time the Loan Protection Insurance was sold to the defendant.

 

 

The defendant at the time knew nothing of consumer law and relied upon the advice and integrity of the banks representative Ms X who knew that the defendant was self-employed as he held a business account at the same local branch in which Ms X is a representative. Ms X would also have known that the defendant was 64 years of age as it is required as date of birth for the application and would have confirmed that the cover would only have been provided for 6 months until the defendants 65th birthday.

 

 

9) At the time the Loan Protection Insurance was sold the defendant had sold his business and was without a forwarding business or address.

 

 

10) The defendant then moved to Cornwall for the next four months living in a touring Caravan until purchasing his new Business.

 

 

11) In January2008 the defendants business took a considerable downturn in trade and the defendant was unable to honour the Personal Loan repayments.

 

 

12) Looking to the Loan Protection Insurance to finance repayments of the credit and charge for credit it was apparent that the defendant was now too old and not now able to claim for Unemployment, Accident or Sickness benefit or Hospitalisation Cover ,which in fact left the defendant with just a very expensive Life cover.

 

 

13) The Loan for the Loan Protection Insurance was £7745.30 total charge for credit £3140.26, making a total of £10885.56. Had the Loan protection Insurance not been mis-sold the defendant may well have been able

to afford the monthly payments to service the Personal Loan

 

 

14) The defendant would put the claimant to strict proof that no commissions have been paid to either Ms X or indeed to Lloyds General Insurance Ltd /Prudential Assurance Co Ltd

[pompeyfaith]

point 13 should that be a post card ?

[AndyOrch]

Morning Tonks bet you are tired:D

 

Ok you are writing the CS in a layout of a WS,your content is good but you need to format it to something along these lines:-

 

 

Case Summary

 

 

On the xxth xxx xxxx The Defendant and the Claimant entered into a loan agreement regulated by the Consumer Credit Act 1974 for the sum of £ xxxxx.Interest was charged at an APR o x% and included PPI insurance,the total charge for credit in respect of the loan was £ xxxxxxx,making a total amount payable of £xxxxxxx.The total balance was payable by xx monthly payments of £xxxxx.The first instalment was payable one month from the date the credit was first drawn.

I the defendant paid xx instalments of £xxx .........

 

 

The Claimants claim:

 

* (enter details from the PoC) use bullets not numbers

 

 

 

The Defendant states:

 

(Go into detail using your content)

 

*

 

*

*

 

Finish (dont need a Statement of truth)

 

Regards

 

Andy

[Tonka99]

Hello Andy & all:)

 

Thanks for all your help everybody :)

 

I have a Wake here today and must get on with the catering

wont be able to send this unless I can change a few things as

suggested .

Will do my best to fit it in

 

Thanks to all xx

 

Tonks

[Tonka99]

Hello Andy & all:)

 

I have some questions for you but will have to delete after;)

 

THANKS

 

T:)onks

[AndyOrch]

Hi Tonka

 

Fire away;)

 

Andy

[Tonka99]

Thanks Andy

 

Ok well went to the CMC what a waste of time that was .

The DDJ didnt even look at the Case Summary I did , the

day before at 3 o clock we had a new witness statement

sent down from Hove from the person who sold OH the Loan

and PPI , this was agreed by the DDJ as we didnt object .

 

 

 

 

 

 

Just needed to share this and ask if you have any Ideas

 

ps **** didnt even get there case summary in just handed it to DDJ

 

Thanks for your time

 

 

Tonks:)

Edited November 23, 2009 by Tonka99
walls have ears and eyes !