Help-Lloyds TSB Court Claim

[interweb]

Hi

 

I have just received court claim forms from Lloyds TSB through Northampton County Court.

 

The agreement they sent me DOES NOT contain the prescribed terms and is from 2003.

 

What should I do? Defend all the claim? Part of the claim? Contest juridction?

 

Are there any templates I can use for my response.

 

Thanks

 

Interweb

[babybear39]

There'll be someone more knowledgeable along soon but in hte meantime I think you contest the whole claim due to non compliant CCA and you can ask them to move it to you local CC.

[interweb]

HI Babybear

 

Thanks for your reply. Unfortunately noone else has replied and the date by which I need to reply is fast approaching.

 

I know the agreement/application form does not contain the prescibed terms etc. I just need to know what defence do I enter on the claim form and do I 'deny the debt', 'accept the debt' or 'partially accept'.

 

Thanks

 

Interweb

[babybear39]

As previously mentioned, defend all the claim as no CCA is a complete defence at law I'll get someone along to help in a mo...

[citizenB]

For a start I have moved your thread into the legal issues forum, where you might attract more help.

 

Someone will be along to help..

 

Can you post up the details of the POC (particulars of claim). You should not put any information that can identify you.

 

Is the claim above or below £5,000.

[I've got no money]

We need some more information:-

1. can you post the PoC - with anything that identifies you removed

2. When did you get the claim form - what is the date on the claim

3. Have you filed an AoS yet - you have 14 days from service to file the AoS indicating that you intend to defend all of the claim

4. How much is it for - round it up to the nearest £100

5. Does it include account charges - if so how much

6. Do you have any documents - original agreement, Default Notice - If so can you post them

 

Once we have the info - we'll be able to make some proper comments

[interweb]

Hi

 

Thanks CitizenB and Babybear39 & I've got no money.

 

The debt is over £15k and the POC is typed at the bottom of this message.

 

The claim form was issued on the 1st of May and I have today filed an AoS defendsing the total claim. I have also made a CPR 31.14 request using a template i have found on this site asking for a copy of the agreement and default notice. They did already forward me the 'agreement' which they called an application form, when I did a CCA a few months ago. But the 'application form/ agreement' does not contain the prescribed terms.

 

I'm not sure whether account charges are included in the claim.

 

I'm not sure whether I have had a defualt notice as when I firast got into trouble I had 10 of these guys on my back.

 

"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 XX/XX/07 the Claimants issued a Default Notice pursuant to section 87(i) of the Consumer Credit Act 1974

4. On XX/XX/07 the Claimants did issue a Formal Demand to the Defendant.

5. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT:£XXXXX.XX

 

 

Thanks

 

 

Interweb

 

http://i462.photobucket.com/albums/qq344/grouptrader/lloydsscanmodified.jpg

Edited May 9, 2009 by interweb
adding image link

[I've got no money]

My immediate reaction is that its' going to be unenforceable - if there are any accont charges then the D/N is going to be questionable.

 

Have you got any documents - such as the D/N - did you actually receive it - or any statements

 

At this stage I think that we see if they reply to the CPR 31.14 and what that turns up. If you've not had a response in around 10 days then we can help with a holding defence

[citizenB]

They have put on the POC that you have breached clause 7, 8 and 9 of the agreement.

 

This has proved fatal in some instances where the clause they say you have breached doesnt correspond with the actual terms. So that could be something worth checking (if you have the paperwork to check)

[interweb]

Hi Everyone

 

Thanks for your help.

 

I'm still awaiting a reply to my CPR request.

 

Also I have checked clause 7. And it is nothing to do with terms and conditions but details how you can balance transfer. Also there is no cluase 8 and 9 which are also mentioned in the POC.

 

Regards

 

Interweb

[42man]

What are the deadlines for the defence IW ?

[42man]

Did you ever get a DN ? was it comliant ?

[interweb]

Hi 42man

 

A defence has to be filed by 1st June.

 

I honestly cant remember whether I received a DN or not. When sh.t was hitting the fan I had 10 of these people harrassing me with pphone calls and letters etc. etc.

 

Best Regards

 

Interweb

[interweb]

Hi

 

The defence need sto be filed soon and I have still not had a reply to my CPR request.

 

Any ideas how I should detail my defence??

 

Thanks

 

Interweb

[42man]

IW...please have a good read of these in the link below, try and understand what is being said and why....if you're not sure do shout..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199219-court-claim-weightmans-llp-2.html#post2185177

[interweb]

Hi 42Man

 

Thanks for that.

 

I still havent received any paperwork from their soliciotors as per my CPR request.

 

Can I simply ask the court to throw this out as the plaintiffs have not provided any paperwork?

 

Or should I put in a long winded defence like the one that you have referred me to . I havent received anything form my CPR request however I did receive a copy of my applciation form a few months ago which is flawed and doesnt contain the prescribed terms etc. etc.

 

Ideally I would like to have this thrown out or delayed so that I have more time to digest other threads and prepare a good defence.

 

I have to send something in by tomorrow so any advice would be appreciated.

 

 

Thanks

 

IW

[I've got no money]

As the 1st is tomorrow at this stage you need to file a defence.

 

I'd also suggest that, if you haven't done so yet that you do a chasing letter to the other side - give them 7 days to respond in full to your CPR request - tell them that if they don't that you'll apply to the court for an Order.

 

If you have already done a chasing letter - make an application on an N244 for an Order that they comply

[interweb]

Thanks for that.

 

Can my defence simply be "Plaintiff has failed to respond to a CPR request" or do I need to be more elaborate?

 

Thanks

 

IW

[I've got no money]

Thanks for that.

 

Can my defence simply be "Plaintiff has failed to respond to a CPR request" or do I need to be more elaborate?

 

Thanks

 

IW

 

Unfortunately it needs to be a bit more elaborate a failure to respond to a CPR Request isn't a defence per se - it is a reason to put in a defence which explains why the defence is very limited

[interweb]

Hi

 

Ok, thanks for that.

 

I have come across this, would this be suitable to buy some more time?

 

 

1. The Defendant puts the Claimant to strict proof that an agreement was entered into between the Defendant and Lloyds TSB

 

2.The Defendant is embarrassed and is in difficulty at pleading as matters stand

 

3 On the 9th May 2009 and pursuant to CPR 31.14 the Defendant made a request for copies of documents that the Claimant had pleaded. The Claimant as of June 1st 2009 has failed to comply. The Defendant contends that it is unreasonable to refuse such a request.

 

4 Accordingly the Defendant cannot plead any further without production of the documents which form the basis of the Claimants case

 

5.The Defendant puts the Claimant to strict proof of assignment of any debt owed by the Defendant to the Claimant.

 

6. In any event, the Defendant denies that the Claimant has shown a cause of action and the Defendant denies that he is indebted to the Claimant at all

 

Thanks

 

IW

Edited May 31, 2009 by interweb
typo

[car2403]

Is this a MCOL/Northampton CC claim? If so, are you defending online, as you'll need to remember that you have a limited number of characters to use.

[interweb]

Hi Car2403

 

Yes, this is a Northampton claim and I intend to defend online. I will bear the max limit in mind.

 

Thnx

 

IW

[car2403]

I'm obviously missing something here.

 

What was the wording of your CPR request?

 

Can you post a edited version of the CCA up?

 

Have you received a Default Notice?

 

Do you still have your cards?

 

Are you making any payments? Basically, why has this ended up in a Court claim?

[interweb]

Hi

 

1) I have put an edited version of my request below.

 

2) I cant remember if I ever received a default notice as when I got into trouble I had ten different banks harassing me.

 

3) No, I do not have the cards anymore.

 

4) I had agreed low monthly payments but then paid a credit clear company to help. To cut a long story short the credit clear company asked me to stop making payments (big mistake) while it investgated the agreement BUT the credit clear company failed to handle the case properly. It is now with a more reputable company but in the meantime court action has started.

 

5) I asked for a copy of the agreement a few months ago and recieved an application form with no prescribed terms.

 

Any advice appreciated as I need to file tomorrow

 

Thanks

 

IW

 

 

"

To: xxxxxx Solicitors

 

Re: Lloyds TSB Bank PLC v

CPR 31.14 Request

 

On the xxxx I received the Claim Form in this case issued by you out of the Northampton 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. No such agreement has been received. However an application form purported to be the agreement was received and is currently being audited by specialist solicitors.

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 documents mentioned in your Particulars of Claim:

 

1) The agreement compliant with the CCA 1974. 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

 

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."

 

[interweb]

I've run out of time so I have pit in the holding defence to buy more time.

 

Regards

 

IW