Help pls N150 due 27 July 09 re Lloyds

[debtsurvivor]

I desperately need help from folks at CAG Lloyds are pursuing me for an outstanding CCard debt that I cannot pay I have to get a completed N150 form to my local court by 27th July 09.

 

I put in a holding defence as they did not to my request for information which was sent to their solicitors on 7th May, reading the stickies here I knew what was needed bur when I arrived home yesterday there was a huge pack waiting for me from the solicitors.

 

They has supplied this as a CCA

 

And page 2

 

Here is the covering letter which has freaked me

 

They say these documents are also part of the CCA?

 

 

They also sent for pages of small print which were the banks T&Cs at the time.

 

Here is their claim form

 

And my defence

 

Any help or comments would be much appreciated, frankly I am terrified of going to court, I have been already when my lender wanted to repossess the house, thankfully we managed to hold on to it but it makes me feel sick in the stomach

[AndyOrch]

Hi Debtsurviver

 

Ok the N150 is no problem.In the letter from the Sols they state their is no copy of the DN but you admit to reciving one.They state the arrears are £16.64.Considering you have a N150 I summise the debt is over 5K but how much is the balance on the DN? and can you post a copy of it less your personal details.

 

Regards

 

Andy

[debtsurvivor]

I cant find my copy of the default notice just now its not in my paper file but I think I have a scanned copy, the other worry is that I may have just wacked in the holding defense and the reference to the default notice is actually another case*!* Some times I due stupid things but I still think I am too young to call them "senior moments"

 

If it helps the balance is no secret its just under £9500

 

Thanks for your comments

 

DS

 

PS I will look for the scanned copy this evening

[AndyOrch]

Ok if you can, then we can take a look at it.From what I summise in the Sols response letter the DN requests the arrears and the balance in full therefore implying that the account was terminated at the time of the DN issue.We will wait for your post before jumping to conclusions.

 

Regards

Andy

 

Ps dont "wack " in anything else please before checking here

Edited July 16, 2009 by Andyorch

[debtsurvivor]

I have received the Default notice here is the copy.

 

 

 

I have looked through all the statements they have sent me back to 2002 there are just 7 charges ranging from £12 to £20 for Late payments, Auto Letter fees

 

Today I will be going through all the statement to see if there are any omissions and checking the interest (I think I know how to do that).

 

All comment are gratefully received.

 

DS

[AndyOrch]

Hi Debt

 

Ok the DN layout and perscribed terms are valid.Time allowed to rectify the breach is fine.

The part im struggling with is if the balance is 9k how can the arrears be £16.54,DNs are usually sent out after 3 missed payments so arrears should be in the region of £810.00 @ 3% minimum:confused:

 

If you can clarify why you got the DN and did not settle the £16.54 would be helpful.

 

Regards

 

Andy

[debtsurvivor]

I believe it was likely that I already had an arrangement to pay, from my records I asked them for a “true copy of any executed credit agreement” on 9th December 2007.

I could have been paying a reduced figure for 2-3 years prior to that. This is just one of a large number of debts I have. As I couldn’t pay it was suggested that I ask all the lenders to show that they have the right to enforce the debts. It’s complicated and very emotional for me to think about the circumstances that got me into this mess. I have been having medication for anxiety and depression.

Basically even though it was only £16.00 I could not pay that together with all the other commitments I have been focusing on trying to keep my house.

 

Would it help to know the full gory mess?

DS

[AndyOrch]

Hi Debt

 

I fully appreciate the stress and anxiety but the Payment plan explains precisely.So you was making minimal payments on the plan and then failed to adhere to the plan and in result the OC issued the default notice and further on the summons.

I have read your Defence submitted but if you could post it into the thread as the ending as been missed off and then we can continue to complete your AQ.

 

Regard

 

Andy

[debtsurvivor]

Here it is, I cant say how much I appreciate your efforts on this.

 

1. I deny all allegations put by the claimant in their particulars of claim, and put them to strict proof on each allegation. Circumstances surrounding the case 2. The claimant failed to provide adequate information to investigate the claim by the claimant prior to commencing a legal action. I respectfully request that the court considers these issues when it comes to awarding costs. 3. I object that the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with Civil Procedure Rules (CPR) part 16. In this regard I wish to draw the courts attention to the following matters; a) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. b) The court costs are not in accord with the standard scale. c) The claim does not state the nature of any default or termination; neither does it state the method the claimant acquired this alleged debt. 4 The defendant has served upon the Claimants solicitors by special delivery a letter dated 7th May 2009 requesting clarification and disclosure under the Civil Procedure Rules. This letter has been acknowledged but not all the information requested has been disclosed. The defendant is therefore unable to file a fully particularised defence or a counter claim while this default continues. I therefore respectfully ask the permission of the court to amend my case, if and when I receive this information. 5. No termination notice has ever been received by me; however a default notice was received by me. This default notice contained an amount that was incorrect as the repayment amount, and is therefore void. The claimant is therefore precluded from issuing legal action since it has not abided by the requirements of s88-89 of the Consumer Credit Act 1974. Denial of Liability 6. I deny that I owe any money as alleged in the claimants particular of claims, or at all. In respect of that which I deny: 7. On 7th May 2009, I sent by special delivery a request under the “civil procedure rules” for a copy of the credit agreement, which the claimant has failed to reply. The claimant has frustrated proceedings and denied me the opportunity to file a full defence. 8. Some documentation was provided at an earlier date It is clear that the document provided is a pre-contractual document applying for credit from the claimant. Under s59(1) it appears that such agreements are void. It is therefore denied that these alleged credit agreements are valid for the purposes of enforcement by the courts. In respect of that which is denied: 9. It is respectfully submitted that these agreements are improperly executed because (a)they do not, amongst other things, contain the creditors’ signatures (b) not all terms in the agreement are legible (since several terms have been rendered illegible by a mechanical stamp)©, the agreement contains information about the applicant that is not found in a properly executed agreement and (d) they are not in the prescribed format set out in under The Consumer Credit (Agreements) Regulations 1983.

10. The agreement was made before section 15 of the Consumer Credit Act 1974 came into force. Therefore, by way of schedule 3, s11 of the consumer credit act 2006, those sections otherwise repealed by the Consumer Credit Act 2006 section 15 remain in force. 11. Consequently, the court is precluded from issuing an enforcement order ( e.g. Wilson and others v. Secretary of State for Trade and Industry[2003] UKHL 40 ) by way of s. 127(3) of the Consumer Credit Act 1974, since these documents do not contain all the prescribed terms defined in under the Consumer Credit (Agreements) Regulations 1983, these being defined by Reg 6(1) as being specified in Sch 6 to the Agreements Regulations for the purposes of s61(1)(a) and s127(3) . 12. The omitted terms including Credit Limit, Rate of interest, and Payment terms under the Consumer Credit (Agreements) Regulations 1983 schedule 6.

13. Accordingly, the Defendant does not know the case it has to meet and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing the claim is vexatious and amounts to unlawful harassment pursuant to section 40 of the Administration of Justice Act 1970. 14. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. 15. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph's 4 and 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

[AndyOrch]

Hi Debt

 

I have not abandoned you, just got side tracked.Ok the defence is quite good (I recognise most of it;)) apart from the the obvious blunder whch you and I are fully aware of.We need to retract this, now normally this would be done by way of an application and submitting a new defence but as the Claimant as yet still not fulfilled your CPR request ( I trust the defence was submitted before the Claimants response) we will try to wing it in the AQ.Just out of curiosity Debt are you excempt from Court fees?

 

Ok AQ to follow (unless side tracked:))

 

Regards

 

Andy

Edited July 17, 2009 by Andyorch
typo

[debtsurvivor]

No I can't imagine I woudl be exmempt I have recently got a full time job as an administrator, it does not pay all that well but its just enough for me to cover the mortgage and eat. I dont qualify for benefit of any sort.

 

Best

 

DS

[debtsurvivor]

Bump please

[debtsurvivor]

I am getting very worried now about the deadline for getting this questionnaire to the court, does due 27th July mean received before the court closes on 27th or will I need to get it there for close on Friday afternoon. Does anyone know?

Best to all

DS

[AndyOrch]

Hi DS

 

Apologies for not getting back to you.Ok 27th is a Monday so it should land with them by then.Dont worry if you are a day over they wont shoot you.

Ok have you made a start its quite simple?

Take a look at this thread Restons/MBNA Issued Court Claim Credit Card Mug as just assisted Sunflower with her AQ.If you are unsure or anything differs to your case just post.

 

Regards

 

Andy

Edited July 23, 2009 by Andyorch
typo

[debtsurvivor]

Thanks a million I am going there to glance over now, I will give it a good read through this evening.

 

Thanks again

 

DS

[sunflower99]

Hi Debtsurvivor! subbing!

Glad you going to give them grief! Its great my Restons thread was of help to you! and that we can all help each other like this! That is what Cag is all about!

[debtsurvivor]

I am stuggling to post today, its ok if I type in but not if I cut and paste I guess it is something to do with this laptop I borrowed.

 

Anyway the brief update is that I have copied Sunflower's AQ I have the papers ready and I am off to the copy shop soon.

 

I cant decided if I should deliver to the court by hand or use special delivery this would get there on Tuesday which is one day after the date the court gave for the receipt of the questionarie. I understand it will still be accepted on Tuesday.

 

best to all

 

DS

[sunflower99]

Hi Debtsurvivor wishing you luck and glad my draft for AQ was able to help you too!Though really its creditcardmug we have to thank! in my case i popped onto Credticardmugs thread and copied the one he was using to give people advice about their AQs.Like you i find the great thing about CAG is you can always find someone further down the line than you and get helpfuo hints and pointers from them what to do next if you feel a bit stuck!I am not sure what the best answer is to your question about AQ deadlines,I suppose if you delivered it by hand to court you would ensure it go there today not to far after their preferred deadline but hopefully someone else may be able to advise you as like you AQs and court deadlines new territory to me Sorry you had problem with computer,They can be a pain sometimes and sometimes we just want to throw ours out the door! My OH starts swearing at ours often! I am so relieved to get mine sorted now and have it ready for posting during my morning break at work.Andy seemed to think that they will not shoot you if you a day over so do wonder in your casre if it might be best to take it by hand to court to be on safe side or phone them to check whether it be ok for it to be a day or two over the by 27th july date.Thanks for your moral support!

[debtsurvivor]

Hi Sunflower

 

Thanks for your message, my OH is going to the court to deliver by hand now I have asked him to get a receipt that way it is on time. I will send the solicitors their copy tomorrow, when I have a little more time.

 

Best wishes

 

DS

[AndyOrch]

Hi Sunflower

 

Thanks for your message, my OH is going to the court to deliver by hand now I have asked him to get a receipt that way it is on time. I will send the solicitors their copy tomorrow, when I have a little more time.

 

Best wishes

 

DS

 

Hi DS

 

Just remember not to sign their copy (Solictors) (print name)

 

Regards

 

Andy

[debtsurvivor]

Thanks Andy, I did pick that tip up just in time but for your reminder I would have forgotten.

Today I telephoned the court regarding the case they told me that they have AQ from both parties, and that the papers have been sent down to the Judge.

I said that the claimant had not provided me with a copy of their AQ and asked if the court would let me have a copy. The nice young man said that the claimant does not have to provide me with a copy. The court can provide me with a copy but will charge £5.00. He suggested that I write to the claimant’s solicitors to ask for a copy which they should supply at no charge.

My anxiety levels are through the roof, just making the phone call. I can’t imagine what it will be like when I have to speak at the court.

That done though I am going to have a drop of "rescue remedy" and try to crack on with the days work, that is after I write to the Sols asking for copy of AQ you would think that they would return the courtesy!**!

Best wishes to all

DS

[Dorabell]

Hi DS i had the same trouble when i asked for a copy of the claimaints AQs, the lady in the court said they dont issue copy,s out god luck with your battles:)

[AndyOrch]

Hi DS

 

I totally appreciate for someone not use to dealing with litigation how stressfull it can be.Gaining sight of the Claimants AQ will prove usefull and if you can post to your thread on reciept DS we will take this matter forward.In the meantime stay focused and chilled.

 

Regards

 

Andy

[debtsurvivor]

have received a copy of the “Allocation Questionnaire” from Lloyds Solicitors I wanted to post the pages so that it was easy to see but I am using an internet cafe and the connection is really slow so I have typed out the responses. I am not at all sure what happens next I will be away from home for a couple of week, I have been very lucky my mother has paid for me to go on a short break, I told the court when I would not be available so hopefully there is nothing sitting at home on the door mat.

 

Allocation Questionnaire reads:

 

A. Settlement

1 to 3 all ticked NO

4 left blank

 

B. Location – NO

 

C. Pre-Action protocols – NO

 

D. Case Management – the amount has been completed

Application – No

Witnesses – blank

Experts – No

Track – Fast track is ticked

Everything else on page 3 is blank[

 

E. Trail or Final Hearing – 3 hours 30 mins

No times are given when they would not be available

 

F. Proposed Directives

Yes – attached

Agree with other party – No

 

G. Costs

Est of costs incurred - £500.00

Est of overall costs - £1500.00

 

H. Fee – Yes is ticked

 

I. Other Information

Attached documents – yes

Sent to other parties – yes

Date received – 16/07/09 (I’m not sure what they refer to perhaps it is the application form they sent me).

Do you intend to make other applications in the near future – Yes

For what – “Summary Judgement, the defense has no real prospect of success and there is no other reason why this should be dealt with at trial.”

Any other information

“The defendant has been provided with all the relevant information for her to file a fully pleaded defense stating why she disputes the claim as the current defense is speculative and does not have any real prospect of success.

Draft order for Directions

Before ( ) sitting at ( 0

Upon reading the Allocation Questionaires It is ordered that

1. Defendant to file a fullly pleaded defense within 14 days of service of order stating why she disputes claim

2. In default of Paragraph 1 above the defense is struck out and Claimant is a Liberty to enter judgement for the full amount claimed plus costs.

 

Any comments would be gratefully recieved, has anyone seem something similar before?

Edited August 11, 2009 by debtsurvivor

[AndyOrch]

DS

 

Ca you edit your post and clean it up removing fonts etc

 

 

Thanks

Andy

Edited August 11, 2009 by Andyorch