Lloyds claimform - OH's credit-token, Lloyds Asset Card.Here we go again

[shirei12]

Another County Court Claim on the door mat today:eek:

This one is also OH's, LLoyds Tsb Asset Card although this must be another name for it as I have never heard him mention it by this name.

Here is a copy of the POC:

 

1. By an agreement in writing & regulated by the Consumer Credit Act 1974, the Claimants issued to the Defendant a credit-token, Lloyds Asset Card, for the purpose of the Defendant acquiring goods/services on credit.

2. Clause 7 of the agreement provided that the Claimants would furnish the Defendant with a monthly statement showing the balance currently due, the minimum payment to be made & the date for payment. If the balance was

not paid, then provided the Defendant made the minimum payment on or before such date, the remainder of the balance should remain outstanding & the Defendant should pay interest upon it per month in accordance with clauses 8 & 9 of the agreement.

3. In breach of the agreement, the Defendant failed to make payment & on 21/05/08 the Claimants issued a Default Notice pursuant to section 87(i) of the Consumer Credit Act 1974

4. On 23/06/08 the Claimants did issue a Formal Demand to the Defendant.

5. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT: ****.****

 

We did have WARNING postcard type request for balance due to be paid to Allied International Credit back in October 2008 to which I sent off a CCA request to them which I have had no response to.

Is it worth sending CPR 18 request to Lloyds ( I know from experience that they are usually ignored.

Any help appreciated.

[Dorabell]

bump:-)

[Viscount Stair]

There is a school of thought that a CPR 31 request would be better.

[shirei12]

Thankyou, I did some googling and Part 31 has loads of rules 31.1 to 31.23.How would I choose the correct one

[Viscount Stair]

31.14 - I think there is a template letter.

[shirei12]

Would this one be appropriate? http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.htmlThe POC states that a default was issued but we have never received one,also POC states that Claimant(Lloyds TSB) issued Formal Demand. That is not strickly true as the Formal Demand came from Sechiara Clark and Mitchell not Lloyds.

[Dorabell]

subbing:)

[creditcardmug]

Hi again, heres the CPR request, make sure you acknowledge and defend ALL

 

 

You will need to edit this, send by recorded to the claimants solicitor and keep the receipt

 

 

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

[shirei12]

Thanks once again CCM.Your help is much appreciated.

[shirei12]

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

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Is it better to wait before sending AOS? Alsothe request for CCA was sent to Allied International Credit as they were chasing for payment,should they have requested it from Lloyds.There was no acknowledgement from AIC it was returned to S,C,& M. I do have electronic proof of delivery with signature though.

[shirei12]

bump

[Viscount Stair]

If there is an outstanding CCA, that should be put into your defence at the appropriate time but, in the meantime, acknowledge service and fire off the 31.14

[shirei12]

I have submitted the AOS online and CPR 31.14 was received yesterday. Do I now wait 7 working days for any response?

[42man]

Hi Shirei....await a response to the CPR31.14, (very unusual that they send everything let alone anything), keep a close eye on the timescale for the defence.....

[shirei12]

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

Should I not file N244 if they do not comply??

[creditcardmug]

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

 

Should I not file N244 if they do not comply??

 

You have made the threat, its up to you whether you carry it out, it will cost you £75, the main thing is that you have made the effort to obtain the docs IMO...all this can go in your defence, and can only look good for you, bad for them, if they don't comply

[shirei12]

Well the 7 days are up now and not even an acknowledgement to the CPR 31.14.

[shirei12]

Can anyone tell me if I should chase them again for the docs I requested in CPR 31.14,I haven't heard a dicky bird from SCM. Also will some one be kind enough to assist with defence? Am I right in calculating the defence to be due on 18th May if issue date was 15th April?

[Tonka99]

Hi Shirei 12

 

If I was you I would call the Court and ask what date just

to be sure, I did and they are very helpful .

You can chase up the CPR 31.14 but dont hold your breath

 

Wishing you Luck

 

Tonks

[creditcardmug]

Hi, i make it the 18th, at the very latest, you could send a chasing letter, not sure its worth bothering though.

 

I will look into a defence for you

[creditcardmug]

Just want to be sure this hasn't been assigned

 

Who is the claimant?

who are the solicitors acting?

how much is the claim roughly, not including costs?

have you ever had a default notice?

have you CCAd them, have you had a reply?

[shirei12]

Hi CCM,Thanks for your help again.What do you mean when you say want to make sure this hasnt been assigned??

Anyway in answer to your questions

1. Lloyds TSB

2. Sechiara Clark & Mitchell

3. £8000

4. No

5. No, Sent CPR 31.14 to SCM. No reply to date.

Hope thats what you needed....

[creditcardmug]

Ok, thats answered the question, i just needed to make sure the OC was suing you and not an assignee

 

ill work on it and get back later

[shirei12]

Thanks CCM, have you had any thoughts regarding this yet ?

[creditcardmug]

putting this up for reference,

 

1. By an agreement in writing & regulated by the Consumer Credit Act 1974, the Claimants issued to the Defendant a credit-token, Lloyds Asset Card, for the purpose of the Defendant acquiring goods/services on credit.

2. Clause 7 of the agreement provided that the Claimants would furnish the Defendant with a monthly statement showing the balance currently due, the minimum payment to be made & the date for payment. If the balance was

not paid, then provided the Defendant made the minimum payment on or before such date, the remainder of the balance should remain outstanding & the Defendant should pay interest upon it per month in accordance with clauses 8 & 9 of the agreement.

3. In breach of the agreement, the Defendant failed to make payment & on 21/05/08 the Claimants issued a Default Notice pursuant to section 87(i) of the Consumer Credit Act 1974

4. On 23/06/08 the Claimants did issue a Formal Demand to the Defendant.

5. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT: ****.****