Lloyds TSB ccj

[lafey]

right at the beginning ( before we came on here ) my wife phoned the court . They said to send acknowledgment back . They told her it didnt matter which box she ticked as long as they got it back !!!!! she thinks she may have ticked partial admission but we have not stated an amount . This was obviously a mistake but i understand we can ammend this . We were in a rush to get it back and the woman from the court basically said " it doesnt matter which box you tick .. just get it back to us in time "

[I've got no money]

right at the beginning ( before we came on here ) my wife phoned the court . They said to send acknowledgment back . They told her it didnt matter which box she ticked as long as they got it back !!!!! she thinks she may have ticked partial admission but we have not stated an amount . This was obviously a mistake but i understand we can ammend this . We were in a rush to get it back and the woman from the court basically said " it doesnt matter which box you tick .. just get it back to us in time "

 

OK - the written defence that you have filed does that contain any admissions.

 

You say its' the embarrassed defence - which one is it as there are several floating around on CAG - can you post the one that you have filed

[lafey]

This is defence that we have sent .... we have made no admissions in it

 

 

 

 

 

 

 

lloyds defence ( details removed ).doc

Edited May 15, 2009 by lafey

[I've got no money]

I hate that document...but it doesn't contain any admissions - once we've seen their witness statement we can sort out the necessary amendments

 

Does the claim contain account charges

[lafey]

Thats the thing we dont know ... the only thing on any of the staements is interest ...... any charges that would have been applied would have been before the time of the statements they have sent ( which again i think is unfair as we cant tell if there are any charges !! ) . The statements we have are basically .... amount ... interest ... new amount !!! thats it

[lafey]

Just had another look at statements they have sent ... something bit weird .. some of them looked cobbled together .. We got married in 2002 and they started to use the married name and then it seems in about september they started to use her maiden name again ... then after a bit went back to her married name .... the fonts on some of them dont seem right !!!! very strange but probably nothing sinister !!!

[I've got no money]

I think that they have a problem - they need to be able to prove where the claim has come from

[babybear39]

I was thinking that .... and they cant just issue a new one to the new address can they .. or can they ???

 

They can issue what they want to your current address but they'd be pretty stupid to issue another DN as you have proof that they've already issued to your previous address

[lafey]

so the fact that there are no purchases whatsoever on any of the satements would mean they cant prove that ????

[I've got no money]

They can issue what they want to your current address but they'd be pretty stupid to issue another DN as you have proof that they've already issued to your previous address

 

There is an argument - that to be honest I haven't got my head round properly - its one that Viscount Stair and I think PT have explained - that says that once they've issued a D/N (even if its' defective) and then proceeded to terminate the agreement that they then cannot lawfully issue another D/N because the agreement has already been terminated

[babybear39]

so the fact that there are no purchases whatsoever on any of the satements would mean they cant prove that ????

 

Use the wilson case in your defence

 

House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant)

[lafey]

I have been trying to up load the statement that they sent with bundle but it does not seem to be working so will type it out for any comments ...

 

STATEMENT FILED PURSUANT TO SECTIONS 78(1) OF THE CONSUMER CREDIT ACT 1974

 

1. xxxxx (nee xx ) applied to Lloyds TSB bank plc ( " the bank " ) for a credit token , namely a Lloyds TSB Trustcard Visa Credit Card and the bank granted her application on the 20th september 1995 . Ther Credit card agreement was numbered xxxxxx and a credit card providing running account credit was opened under that reference number in the name of xxxxxx . The credit card account of that number was closed by the bank on 8th October 2008. the outstanding balance of £(just over 9k) was transferred to the Banks Debt Recovery Unit.

 

2. A copy of the running account Credit Agreement was sent to xxxxx on the 9th May 2009

 

3. The amount currently payable by xxxx to the Bank under the running account credit agreement is £ ( just over 9k + £300 !! ) . This amount is inclusive of legal and professional costs occassioned by the taking of court enforcement action .

 

4. I can confirm that since closure of the account no further amounts will later become payable under the Credit card Agreement save for any further legal costs which may be payable but cannot be ascertained .

 

Statement of Truth

 

the claimant believes that the facts stated herin are true . I am Duly Authorised Claimant to sign this statement and sign for and on behalf of the Bank

 

Full Name xxxxxxxxxxxxx Signed xxxxxxxxx

[lafey]

looks like work gone out of the window for today now !!! lol ..... shame !!! .... so ......... can anybody help with AQ ??????

[babybear39]

If you have response this afternoon, flag your own post and ask for help

 

I'm no good with AQs sorry, just learning about them at the mo...

[lafey]

thanks babybear will do ... although i just feel like writing to them and saying ..... your agreement is rubbish ... you totally mucked up the DN . you cant prove debt ... now go away ....... but prob not best idea !!! lol

[babybear39]

thanks babybear will do ... although i just feel like writing to them and saying ..... your agreement is rubbish ... you totally mucked up the DN . you cant prove debt ... now go away ....... but prob not best idea !!! lol

 

You could say it in a very polite way incase it ever goes to court

[lafey]

really .. i was only half joking but would it help do you think if i wrote back and explained the flaws and said i was trying to save court time etc etc .... or were you joking too ???/ lol

[babybear39]

I was being serious

[lafey]

so write back to solicitors saying ( polietly ) ... i dont think you have a case because of xxxxxx so in order to save courts time and costs would you please put your head in a bucket of sand until further notice ???

[babybear39]

Yes, something along those lines 'cos if it went to court it would not amuse the judge that the courts time has been wasted when there clearly isn't a properly executed CCA. This is a complete defence at law

[lafey]

i think thats a good idea ... think i will try and get the application form on here so you can have a look ... just to be sure but it is definately just an application form ....... none of prescribed terms on it ...... not one mention of interest rate ( apr or otherwise ) anywhere .... it just looks like the form used by bank to credit score it

[babybear39]

Best to get it checked over

[lafey]

i hope this works .... itsa very bad copy but hopefully you can see it

 

lloydsagreement.jpg picture by lafey69 - Photobucket

[babybear39]

IMO, it's an application form The title at the top just gives it away and there are none fo the prescribed terms

[lafey]

thats what i was thinking ... it does mention terms and conditions on the following two pages ... they have sent me t and cs they say were in force at time but there is no way they can say they were related to this document in any way