Lloyds credit card cca unreadable

[cymruambyth 1,042]

You can send a follow up request with a copy of the letter.

[framboise 1]

Thanks, reminder sent.

 

F

[framboise 1]

And no surprise, no response.

 

I am correct in saying that i have 28 days from date of service to enter my defence? Do I need to confirm anything to court in the mean time?

 

As SCM have not complied with CPR I will enter a brief, embarrassed defence...?

 

F

[cymruambyth 1,042]

Hi 14 + 14 days. You needn't send anything else tp court. Embarrassed defence is short, so it can be done online.

Good luck

[framboise 1]

Thank you and good luck to you too!

[lilly white 620]

Just Checking All Ok

[babybear39 2,775]

Good luck and best wishes *hugs*

[framboise 1]

thank you for your support

 

F

[framboise 1]

SCM have written acknowledging my letter (CPR request for info) and unsurprisingly have ignored the request and said that they will use CPR 3.4 to strike out my defence as having no merit. (which I haven't written yet!)

 

They have also offered to settle out of court reserving the right to show the letter when the question of costs arises.

 

The letter is clumsy in the way it is written and starts by saying 'our letters must have crossed in the post' ! How will they have known this prior to posting it ?!!... lets hope they keep applying this level of stupidity to the rest of their dealings!

 

any thoughts anyone?

 

F

[jdes26 198]

im watching with interest as i am going down same road as you... any charges ppi on acount you can claim? good luck

we are all behind u !!!!!!!!!!!!

[babybear39 2,775]

**** are stoopid Just give them enough rope

[diddydicky 2,570]

well if you have not indeed submitted a defence i would certainly use within your arguments against their application for strike out that they are being disigenuous and attempting to abuse the court process by falsely alleging that a defence of which they have no knowledge whatsoever has no merit!

[framboise 1]

Another letter today dated 9.10.09, 4 days earlier than the letter received yesterday!

 

Here is a copy of an 'agreement' very poor copy of something I cant even make out and the letter quotes a new 'account number' I have never seen before with a different balance (a lot lower than the amount claimed!)... further stupidity and gross incompetence from our friends SCM.

 

SCM are incompetent and devious... looks like they are sending letters with dates that are well behind when they actually send them and they have made errors with 'account numbers' and 'balances'

 

As you say babybear, 'enough rope'. I dont even need to give them the rope!

 

I will go ahead with my defence and wait for direction from the court.

 

F

[framboise 1]

Can anyone help with this...

 

SCM have sent me the following in response to CPR 31.14:

 

*A very poor copy of what they allege to be a CCA - the same one that is towards the beginning of this thread (almost invisible)

*A copy of some terms and conditions not associated with signed part

*A covering letter with a new account number (different to the one on the claim) and a different balance.(they got it wrong)

 

Should I still enter an embarrassed defence saying that the quality and accuracy of the documentation is wrong and incomplete (no copies of DN or termination, statements...)?

 

Should this thread be moved to a different forum now?

 

F

[babybear39 2,775]

You can ask for help from the site team by clicking the red triangle on your post.

[cymruambyth 1,042]

Hi I also received an illegible copy (due to the age , no longer held), so I entered a short embarrassed defence.

Just a word of warning, check with the court after your defence has been filed as [problem] have a habit of 'forgetting to check' if you have filed a defence and going for a SJ

[framboise 1]

Thanks... yes I have been following your thread with interest!

[framboise 1]

ok so here is the standard embarrassed defence...

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

I am thinking of editing paragraph 3 so that it reads...

 

3. No documents adequately supporting the claims within the particulars have been offered, despite a request for information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery. In response to this request, the claimant has sent details relating to another account number and balance than that quoted in the claim. The claimant has also sent some documents which are illegible with no reference to what they are within the correspondence. The documents sent by the claimant do not appear to relate to this claim and as a result I cannot plead in defence to the claim.

Do I risk overcomplicating this when it is not necessary?

F

 

 

 

[diddydicky 2,570]

ok so here is the standard embarrassed defence...

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

I am thinking of editing paragraph 3 so that it reads...

 

3. No documents adequately supporting the claims within the particulars have been offered, despite a request for information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery. In response to this request, the claimant has sent details relating to another account number and balance than that quoted in the claim. The claimant has also sent some documents which are illegible with no reference to what they are within the correspondence. The documents sent by the claimant do not appear to relate to this claim and as a result I cannot plead in defence to the claim.

Do I risk overcomplicating this when it is not necessary?

F

 

 

 

 

looks ok to me- although on reflection i might just produce these in my bundle of disclosures and hope they dont spot the mistake until they are before the judge

[framboise 1]

Ok thanks DD, very helpful as ever...

 

I think I am just concerned that they will try to have my defence struck out and go for SJ and am being a bit over-keen to get my arguments in!

 

Thanks again

[diddydicky 2,570]

Ok thanks DD, very helpful as ever...

 

I think I am just concerned that they will try to have my defence struck out and go for SJ and am being a bit over-keen to get my arguments in!

 

Thanks again

 

i'm no expert but i am not aware of many cases where an embarassed defence would be brushed aside in favour of a SJ

 

you have to have the documents that support the claim to be able to make any sort of plea

[babybear39 2,775]

Make sure you get your defence in on time as some claimants are known to ring the court and ask for an SJ if the defence comes in just before the deadline and hasn't been processed by the court!

[framboise 1]

Acknowledged service on 28.09 so 28 days later is Monday 26th of October. I will get my defence in on Thursday of this week, 22.10, just to be safe.

 

Thanks for the help and support

 

F

[cymruambyth 1,042]

If they do go for a SJ despite your defence, send in a few letters of complaint. They don't get you anywhere but you never know if there is some file somewhere......

[framboise 1]

Defence is in...

 

Will phone the court tomorrow to check as suggested.

 

Do I send anything to SCM? (not that it will get far at the mo!)

 

F