OH v BLS/LTSB

[cymruambyth]

Thanks cB for ensuring I become a gibbering wreck .

I've got most of my paperwork from 2002 onwards and am trying to make sense of it!! Including loads of [problem] threats). It will be interesting to see what comes from the SAR.

Once everything is collated I'm going to have to get some advice on making sense of all the different amounts of money quoted . Haven't found many charges but I'm still looking.....

[Docman]

Hi cymruambyth

 

You might like to have the thread moved to legal issues forum where there is usually good advice on cases that have moved to the court process.

 

I assume you have ackowledged service? If SCM aren't playing ball with your request for documents, just carry on demanding until they do - or discontinue.

[cymruambyth]

Hi Docman,

Thank you for your comments; I suppose I'm in denial by not asking to move to the legal forum!!

Yes I have acknowledged service. I'll post another letter to [problem] on Monday.

[saintly_1]

Thread moved to legal issues as requested

 

saint

[cymruambyth]

LTSB certainly take the mickey..............why do we have give more details to 'identify the information required', I certainly sent a comprehensive list. They also need an up to date signature..........why as they have no open accounts that require this!!!

They can have a signature, they had one on the original letter requesting the SAR . If it wasn't for the court action, I think I would act on this.

[citizenB]

They are just being obstructive. They have issued a court claim against you for pity's sake.. did they request a signature to ensure it was you at that time ?

 

Put your signature over one of these.. get your own back..

[cymruambyth]

'I can see we do not hold an up to date signature for you. For your security if you would like to go ahead with this request please sign and date the enclosed form.'

Ha ha ha. Whyhave I already paid £10 if I don't want to go ahead with the request?

[r&b]

'I can see we do not hold an up to date signature for you. For your security if you would like to go ahead with this request please sign and date the enclosed form.'

 

Ha ha ha. Whyhave I already paid £10 if I don't want to go ahead with the request?

 

hi cymruambyth,

sorry to say ive been thru this with them...they dont get any more helpful in my experience, just confirms wot u already know i suspect !!

having not read the whole thread this may not be of much use but a tactic they seem to use quite frequently is not sending any info/docs etc then whacking in a SJ application attacking ur holding defence as having no merit. in my case (overdraft not CC) not sending a copy of the AQs so i had no idea til the last minute (court cock up didnt help either!!!). just smth to aware of when thinking ur under the safety net of a holding defence.

[cymruambyth]

Hi r&b, thanks for your comments. What is a SJ application (sorry if it's something obvious).

LTSB and [problem] appear to be very ecconomical with facts and devious; I'm sure you have encountered we don't keep paperwork beyond 6 years......until you call their bluff

[r&b]

Hi r&b, thanks for your comments. What is a SJ application (sorry if it's something obvious).

sorry, SJ - Summary Judgment (gives em 2 bites of the cherry)

LTSB and [problem] appear to be very ecconomical with facts and devious;

keep the disclosure requests going in. they have in my case admitted quite a lot in letters of reply (explaining why no docs usually). one specific point that ive seen raised a bit on various threads is the fact that they do not keep copies of a DN or have any proof of postage, its a mere entry of issue on a computer file , so if all else fails press hard in that direction cos i doubt urs will be any diffferent as it seems bank policy.

I'm sure you have encountered we don't keep paperwork beyond 6 years......until you call their bluff

 

 

best of luck and hope thats of some use.

[cymruambyth]

r&b thank you, I knew it would be something obvious!

How do you know they are submitting a SJ application and how do you stop them please and thank you.

[r&b]

u need confirmation from someone who knows, but as i understand it, it shud be done at the AQ stage and u shud get notice from the court followed by their bundle (witness stmt etc) min 7 days b4 the hearing.

in my case just as a word of warning i got no copy of their AQ nor any notice from the court but that cud just be a postal issue in fairness, on the courts part, my good nature does not stretch to thinking well of **** however!!

i may be talking out of turn here and bringing something up that may not occur but just so u r prepared shud they use this tactic.

[cymruambyth]

Thank you for your prompt reply. Being cynical (and naive) I'm trying to be prepared for everything.

[cymruambyth]

Hi everyone, 2 cpr 31.14's sent to [problem]; no reply. Defence has to be in by 15th July. Should I send another cpr 31.14? How close to the deadline should I submit a defence? Shall I submit the embarrassed defence that citB has kindly posted? I think I have a defective DN, should I hold back on telling them this?

Thank for any guidance I may receive.

[r&b]

hi cymruambyth,

usual rules with these by the looks...it wont hurt to send a 'final reminder' to them for sure, u can ask for further discloure in the draft directions of ur AQ when required (and keep on to the court when they are due to make sure u get a copy of theirs).. id just make sure u have ur defence in a day or 2 b4 deadline. id be tempted myself to formulate some form of defence to try and head off the SJ which they may go for with a holding defence. the dodgy copy of CA, defenctive DN and anything else u can muster will help as at this stage there doesnt seem much use in keeping stuff back to me, u need the ammo. there may be other views of course.

[diddydicky]

'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. '

This was my final paragraph in the cpr 31.14 request. Therefore should I carry out this threat, or tell them I will apply for a court order to enforce compliance?

 

the first thing i learned when i was a policeman was NEVER threaten to arrest someone unless you INTEND to do it!!

 

you HAVE told them that if they did not comply what action you would take NOW YOU MUST TAKE IT otherwise they will assume that (like them) you are all bluster

 

file the embarrassed defence and the a pplication to have them struck out as you were advised

[cymruambyth]

Can anyone give some suggestions about what to do with the financial discrepancies?

April 0;) DN 4349

May 0;) Formal demand 4430

July 0;) Stmt 4567

Payments of 5 pcm for approx 4 years.

Court 4222

charges of atleast 35

Can anyone see any logic?

[citizenB]

I cant see any logic at all:)

 

Is there anyway you can reconcile these figures with statements ?, Default Notices, Formal Demands ?

 

The DN must be accurate as must the Formal demand. I think **** add their costs to the court claim but the initiall figure must be correct.

 

Have a look here from posts 82 onwards.. it will give you some idea of how to complete section G on the AQ and as diddydicky advises to ask for their claim to be struck out.

 

http://www.consumeractiongroup.co.uk/forum/mbna/195498-mbna-restons-9.html#post2269687

 

HTH

[cymruambyth]

Hi citB

All these figures are from letters and statements, but there is nothing that I can logically reconcile the figures with:(

I am waiting for SAR for further information........

I cannot jump from DN 4349 to formal demand 4430 to court papers of 4222.

[cymruambyth]

I am going to submit the 'embarrassed defence'. Should I now submit the N244 or wait as been suggested for the AQ?

Thank you

[citizenB]

Hi citB

All these figures are from letters and statements, but there is nothing that I can logically reconcile the figures with:(

I am waiting for SAR for further information........

I cannot jump from DN 4349 to formal demand 4430 to court papers of 4222.

 

The FD figure is £81.00 more than the DN figure but the court papers are £208.00 less than the FD figure. Could they have reduced the amount by deducting some charges ?

 

I am going to submit the 'embarrassed defence'. Should I now submit the N244 or wait as been suggested for the AQ?

Thank you

 

If you do not have the information required for a fully particularised defence then the embarrassed/holding defence is best. Make sure you include the request to amend your defence when document requested has been supplied to you.

 

Ok, I asked why the N244.. but then remembered why. Ummm, not sure, I think you need DD or CCM back for that question. I think at this stage you just need to get the defence in on time.

 

However, I have alerted the site team for you.

Edited July 8, 2009 by citizenB

[cymruambyth]

Hi citB as you can see I'm now getting confused

N244 was to try and get case struck out because of lack of information (illegible copy of application form) and no reply tp 2 requests under cpr 31.14.

If you deduct any charges and add payments made......this is a lot more than £208.

[citizenB]

Hi citB as you can see I'm now getting confused

 

N244 was to try and get case struck out because of lack of information (illegible copy of application form) and no reply tp 2 requests under cpr 31.14.

 

If you deduct any charges and add payments made......this is a lot more than £208.

 

Snap, that makes 2 of us. When do you have to have this defence in by ?

[cymruambyth]

Hi citB

Claim issued 12 June, so allowing for 33 days (I hope) it should be in by 15th

[42man]

Hi CA.....my feeling is you should apply for a strike out on the N244 for non compliance with the CPR31.14....and wait for the AQ as well, attack is often the best form of defence IMO....