Lloyds credit card cca unreadable

[framboise]

Got a response from the court... acknowledging defence, telling me to await direction etc...

 

Been doing some digging for old documents etc and found an old statement - when I put this next to a so called 'copy statement' that **** sent me a little while ago the numbers do not correspond at all! Its a right mess! Transactions that I don't recognise for different amounts on the same date on each 'copy'...

[babybear39]

Oh dear...They haven't been nawty and made up the statements have they

[framboise]

That's what it looks like they've done, though why they would do such a thing beggars belief! The 'statements' just don't make sense either. This with a catalogue of other blunders on their part, for which I have the evidence!:)

[framboise]

got a letter today from SCM - it says 'we are still awaiting receipt of copy statements'

 

It also says that they will be applying for summary judgement if this cannot be settled by me agreeing to pay the full balance or negotiate an offer.

 

So - no default notice or termination letter, an illegible document they claim is an agreement, a single page of a statement which is clearly wrong and is different to one that I happened to find in my house of the same date (neither show any actual transactions), a letter which quotes a different account number and balance and says that 'copy statements will follow' and now a letter which tells me that SCM still are unable to send me the documents that support this claim and BTW we're going for SJ !!

 

Well maybe they're just not used to people fighting their corner or this approach is working for them on the whole... who knows.

 

At least I now know to expect their SJ application

[babybear39]

Get everything ready as early as you can because some companies call the court on the hearing date and ask for an SJ! It might be granted if the court hasn't processed your parperwork.

[framboise]

Thank you BB, am I right in thinking that the court will inform me of SCM's application of SJ and that there will be a hearing date for this?

 

F

[babybear39]

An SJ is usually granted when the claim hasn't been defended, there would be no hearing as the judge just gives judgement by default. Call the court after sending in your paperwork by recorded delivery or special delivery. Better still, take it to the court yourself and get a receipt!

[framboise]

Ok well I've put in an embarrassed defence as the claimant has not provided any documentation despite my request under CPR. My defence was confirmed by the court

 

I am going to send the following letter to them in response to them informing me that they are going for SJ.

 

dear sir/madam....

 

I acknowledge your last letter dated 30th October which I received 6th November. In this letter you say that you are awaiting receipt of copy statements from your client. In another paragraph of your letter you say that you will be applying for Summary Judgement in this case. You are clearly acting with complete disregard to CPR.

In the Particulars of Claim, you refer to the following:

• Monthly Statements –I never received monthly statements and you told me in your last letter that you did not have any copies
  
• Agreement (credit agreement) – you are yet to provide me with a true copy of the credit agreement that you claim exists for this case and it is my belief that you do not have such a document
  
• Default Notice – you haven’t provided me with a copy of this despite my request under CPR. I deny that you sent me one and that one exists
  
• Notice of Termination - you haven’t provided me with a copy of this despite my request under CPR. I deny that you sent me one and that one exists
  

What you did send me in response to my request for information were details of someone else’s account with an entirely different account number and balance to the ones quoted in the claim.

If you were able to provide me with all of the documents referred to in the Particulars of Claim, I would be entirely willing to enter into a payment arrangement with you without the need to go to court. These documents will show us all the validity of this claim and will verify (or not) that the amount you are claiming for is accurate

I look forward to your response.

yours faithfully

 

A waste of time?

[middenmess]

I'd be leaving this part out altogether.

 

If you were able to provide me with all of the documents referred to in the Particulars of Claim, I would be entirely willing to enter into a payment arrangement with you without the need to go to court. These documents will show us all the validity of this claim and will verify (or not) that the amount you are claiming for is accurate

[diddydicky]

what middenmass is saying is that you are trying to negotiate from a position of total weakness

 

you need to give in an come to an arrangement or fight them in court- you cant really do both and expect any great degree of success!

[framboise]

Ok well I think I might leave it then as I have given them plenty of opportunities and requests to supply this information anyway - fight them in court it will be!

 

Thanks for your comments!

[diddydicky]

thats the spirit= plenty of help for you on this site- you will not be alone

[framboise]

Thanks, despite having read so many threads and good advice here, I will still be asking a lot of questions I think!

[framboise]

I have read today that within the job cuts that Lloyds have made, 60 jobs are to go at City Park, Hove... This is Consumer Debt Recovery or BLS or SCM.

 

Its never good to read that people have lost their jobs but I wonder what they think of Lloyds Bank now! Probably similar to what I and a lot of CAGers think of them!

Edited November 13, 2009 by framboise
Missed out hove

[diddydicky]

less annoying phone calls then!

[framboise]

Hello

 

Allocation Questionnaire has arrived, transferred to my local court.

 

going to give it a go but may need to ask some questions

 

The claim is for around 13K, which track should I tick? Fast, Multi or Small Claims?

 

Thank you for looking in!

 

F

[framboise]

thank you everyone that helped me with this, I am attempting to resolve this matter out of court.

 

Will say more when its finalised.

 

F

[Dorabell]

Hi framboise good luck in what you do