Lloyds TSB ccj

[lafey]

Hi ,

Have read forum for ages and am truly amazed as to what is achieved here .. Need some advice myself please ..

 

My wife received a county court summons . They are claiming just over 9k for an old credit card debt . We sent them the letter for information under civil rules abd sent back the acknowledgment part to the court . My wife phoned the court and was told this meant we had until the 31/03/09 to file a defence . She has now received a letter from Lloyds saying that the information could take up to 28 days which would take us past the date for filing defence ... could anyone advise to course of action from now ... thanks in advance

[Von Greenbach]

On the acknowledgement, did you admit / deny / defend the claim?

[lafey]

we denied the claim .. although my wife is now saying she might have ticked the box saying we denying part of claim ... apparently the woman at the court said it didnt matter which one as it was just to get us a time extension !!

[Von Greenbach]

Which civil rules letter did you send to Lloyds?

[lafey]

Sechiari Clark and Mitchell

PO Box 499 Lower Ground Floor

1-5 Queens Road Quadrant

Brighton

BN31 3XJ

6th March 2009

Dear Sir/Madam

Account details: 4***********2 (Lloyds TSB)

 

I have just received a County Court Claim Form With regard to the above account .

 

Given that this matter is now subject to legal proceedings, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

 

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:

 

1) A true copy of the executed contract and any terms and conditions that applied to the account at the time of default.

2) All records you hold on me relevant to this case, including but not limited to

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.
   
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
   
3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Lloyds TSB
   

1. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.
   
2. 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).
   
3. 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.
   
4. 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.
   
5. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
   
6. 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.
   
7. Copies of statements for the entire duration of the credit agreement.
   

This information is required 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 deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

 

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

• demand any payment on the account, nor am I obliged to offer any payment to you.
  
• add any further interest or charges to the account.
  
• pass/sell the account or outstanding balance to any third party.
  
• register any information in respect of the account with any of the credit reference agencies.
  
• issue a default notice related to the account.
  

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit and will request that your suitability to hold a consumer credit license to be reviewed.

 

I look forward to hearing from you in due course.

 

Yours faithfully,

[Von Greenbach]

Within that letter it clearly states

This information is required within the next fourteen days.

This will keep you inside the 28 days

[lafey]

But the letter we received from Lloyds said it was looking into the matter and it could take them up to 28 days .. we dont want to just leave it in case the judgement gets entered by default ... should we write back saying i want the information in 14 days and not 28 ?? should we inform court that it is possible i wont have information requested by 31/03

[Von Greenbach]

You only need to file a brief defence within the 28 days.

 

The documents / evidence for your case has to be in court 7 days BEFORE your hearing.

[lafey]

thanks for all this !

 

so just to check i am getting the chronography correct .... we should file brief defence and then if Lloyds want to proceed we will get hearing date and must produce full defence 7 days before this ??

 

any ideas in this scenario as what to put for intial defence ?

[Von Greenbach]

You need to remember what was ticked on the acknowledgement form.

 

Then submit a brief defence, for example

 

we admit part of the claim being £xxx, but we dispute £xxx being unlawful charges

 

Or we do not acknowledge any part of the claim as the claimant has not complied with issuing a correct default notice.

 

If Loyds continue then it should be listed for a hearing, it's at that stage you ask for it to be transfred to your local county court

[lafey]

thats great thanks a lot !!! just one more thing .. i promise ... !!! since my wife may have ticked the box saying we only dispute part of the claim ( because she was told it didnt matter !! ) can we now say we are disputing the whole claim ??

[Von Greenbach]

we now say we are disputing the whole claim ??

If your within the timescale, I believ so.

 

Did you receive a default notice & termination letter, these are crucial to your defense.

 

Ask as many questions as you like, we were all learners at onetime.

[lafey]

we dont remember receiving them but that doesnt mean we havent !! we did go through a bit of a stage of bury our head in the sand a bit and we have moved a couple of times so cant say 100% but certainly not by recorded delivery ...

[Von Greenbach]

The default notice would have been sent 1st, followed by the termination letter, they would have been sent under normal postage (not recorded / special delivery)

 

Search your home upside down for them, if Lloyds have not issued them correctly, they cannot bring the case (They will, but this is what you'll be relying on within your defence)

[Von Greenbach]

What does it say on the POC (Points of claim, claim form)

[lafey]

ok , we will have a good search for them .. but if we dont have them ??? i knew we should have asked on here earlier !! .. we were going down the route of if they dont have valid agreement they cant make us pay .... if they do then we can argue for the charges and get agreement for the rest . and i prob know the answer to this but does the fact they have misspelled the name matter .... and since my wife took out the agreemnet before we were married did they need a new one in her married name ???

[lafey]

it says it issued a default notice on 27/8 ans a formal demand on 17/9 last year but we had only just moved house then ... and we wouldnt have told them the new address !!!

[Von Greenbach]

Within the letter you sent to Lloyds it states this

 

1. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

Therefore you should be issued a copy of the default / termination notice, that will base your defence.

[lafey]

sorry to be a pain but on what basis will the defence be on these documents ???

[Von Greenbach]

sorry to be a pain but on what basis will the defence be on these documents ???

It must comply with specific legislation, some / most don't

[lafey]

oh good , i will post back on here when i recieve anything from them ... and if it doesnt come by the time we have to say something to the court shall i just put as defence that we have not recieved default notice ??

[Von Greenbach]

I would state the claimant has not replied to your civil procedure request.

[lafey]

ok great ...... will come back when we have some more info ... thanks again ... getting back on track and its really nice when you take your head out of the sand to see ( sort of ! ) a friendly face . thanks again

[Von Greenbach]

You're welcome

 

Any questions, don't be afraid to ask.

[angel_1]

hiya lafey

 

come across your thread and am subbing if i may

 

so i can learn a bit more about court proceedures

 

good luck

 

laters angel x