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Lloydstsb going for CO **LOST**


1littleduck
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Hi all..

Another one taking me to court.

Lloydstsb..

I have attached their responce to my CCA request, and todate, although they have issued court procedings against me, they still have not supplied a copy of my agreement.

Could anyone please tell me if they still have to supply...not eith the origional but at least a copy of it.

http://i748.photobucket.com/albums/xx125/1littleduck/tsb3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/tsb2.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb.jpg

 

I have until the 24th March to put in my defence.. I was going to use the one I sent to the nationwide, but make a few alterations.. can anyone advise me if this is the right thing to do.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161804-nationwide-taking-court-action-3.html

 

I have quite a few default notices from them, but without the agreement are they needed?

 

Hello there 1littleduck,

 

I have just looked at those doc's, it does not look like a credit agreement to me, so it will be rendered unenforceable by the courts, if the contract is unenforceable, then the defaults are unlawful.

 

What is your position regarding the debt? Are you in a financial crises situation? Is there a dispute with the account?

 

 

Grateful for any up-date.

 

Kind Regards

 

The Mould

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In one of their letters they refer to not locating the agreement but state that without sight of a signed agreement, they would not have granted you credit.

 

To put it simply, at this point they have no signed agreement to produce and to win any court action, they would need to produce such to win.

 

As they have instigated proceedings, you should make a request under Civil Procedure Rules where they will be bound by Law to produce the documents they intend to rely upon, one of which should be a signed agreement. If they cannot produce, they have no case. (i am assuming you have not done so yet).

 

I have had a quick look at the Nationwide link you posted and the defence mentions CPR in it so I am also assuming you know what to do.

If you have not already done so, send off the CPR letter as soon as possible so you may include it in your defence.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Hi all.. Thank you for your response.

my defence, although I have kept it very short as due to the lack of any agreement, I feel that there is nothing the courts can do anyway. I have only used the N/W to part 13

I have added to the bottom, that I respectfully ask the court to allow me to change my defence should Lloydstsb produce a signed agreement or even a copy of such.

I have sent the CPR request off… so only time will tell.

 

I cannot upload it as I am using a dongle, as he has cut my internet and fone line..

 

The balance on this account is very high.. over 11K, but I have lost my job some 18 months ago..also my house is up for sale due to the end of the relationship from a man who conned me out of everything… so I am having to fight everyone to survive…

 

 

 

I have another problem with TSB…on another thread, which I started awhile ago, hopefully someone can help me with this… They have managed to obtain a CCJ and are now trying to attached this to my property. It was for a personal loan, and I didn’t know where I stood on it.

Again.. I have not received a signed copy of any agreement.

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Hi all.. Thank you for your response.

my defence, although I have kept it very short as due to the lack of any agreement, I feel that there is nothing the courts can do anyway. I have only used the N/W to part 13

I have added to the bottom, that I respectfully ask the court to allow me to change my defence should Lloydstsb produce a signed agreement or even a copy of such.

I have sent the CPR request off… so only time will tell.

 

I cannot upload it as I am using a dongle, as he has cut my internet and fone line..

 

The balance on this account is very high.. over 11K, but I have lost my job some 18 months ago..also my house is up for sale due to the end of the relationship from a man who conned me out of everything… so I am having to fight everyone to survive…

 

 

 

I have another problem with TSB…on another thread, which I started awhile ago, hopefully someone can help me with this… They have managed to obtain a CCJ and are now trying to attached this to my property. It was for a personal loan, and I didn’t know where I stood on it.

Again.. I have not received a signed copy of any agreement.

 

Good morning Littleduck,

 

 

Where is your other thread regarding this CCJ, what forum?

 

Kind Regards

 

The Mould

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Hi... I have just posted it up on the forum..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/252701-lloydstsb-want-charging-order.html#post2838974

 

alot of links to photos I'm afraid, but I guess too much information is better than not enough... and possibly may also help anyone in the same possition.

I would be grateful for any help with this as it is a charging order on my house.

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That is alot of reading, so you MUST defend the charging order.

 

Turn up on court on the relevant date and submit your defence, otherwise they WILL be granted a CO by default.

 

This really is not my speciality at all and hopefully someone else better versed in this area will be able to advise you.

 

But DO NOT allow them to gain a CO via default becaise you don't turn up in court.

 

I'll have a quick read, and if there is anything I can advise you on I shall do..

 

Best of luck..Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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had a quick look..can you tell me if you have paid anything on the ccj since this was granted?

is the home in joint names, do you have children, and how much is the debt for?

last question how much equity do you have in the property?

sorry for all the questions but will need to know in order to put some sort of defense together for you

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As stated further up there is a lot of reading here.

 

In respect of the CCJ, why did you not contest it? In as much as you may have grounds to have the CCJ set aside thus rendering the current charging order useless?.

 

If you are able to get the judgement set aside it is likely Lloyds will go for it again but as long as you turn up at the hearing and presuming you owe the money and it's enforceable and a judgement again awarded against you then as long as you maintain the monthly payments on the ccj Lloyds will not be able to apply for the charging order. (A lot of and's there, sorry)

 

Reasons for having a CCJ set aside can be found here..

Set aside a judgment - Trust Online Your stated reason for not contesting the CCJ 'as I didn't know where I stodd with a personal loan would not be enough.

 

What about the original Loan, do you have the originl credit agreement? was the loan defaulted/terminated in the correct manner, if they were not or are invalid/unenforceable then it needs to be addressed and by themselves may give you a route back against Lloyds.

 

Your comments regarding a unsecured loan becoming a secured one, sadly it is how it is, it's not right or correct and there are judges out there that are not happy with creditors using the route/method such as charging orders but as long as you maintain your ccj payment agreement (and in almost all cases the judgement/judge will only usually make an order on what you can realistically afford) then the route to 'secured' via a charging order will not apply.

I reside in Dawlish Warren but am not a rabbit.

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http://i748.photobucket.com/albums/xx125/1littleduck/tl3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/tl4.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tl5.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tl6.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tl7.jpg

 

http://i748.photobucket.com/albums/xx125/1littleduck/Ts1.jpg

 

http://i748.photobucket.com/albums/xx125/1littleduck/Tcp1.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/tcp2.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tcp3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tcp4.jpg

 

http://i748.photobucket.com/albums/xx125/1littleduck/Tca1-1.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tca2.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tca3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tca4.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tca5.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tca6.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tca7.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/tsb2.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/tsb3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/Tsb.jpg

 

Not to sure if I have missed any.. such alot of information.

 

Hello 1Littleduck,

 

That is an incredible amount of doc's to read, I have just had a brief look at all of them.

 

What is your situation regarding this debt, are you in ill health or do you have a partner who is unwell?

 

On the 12th of March 2010 SCM offered you a Full and Final Settlement arrangement, what was the amount that they were willing to accept as Settlement to your account?

 

The full amount they say you owe is stated as being £9,651.95.

 

The credit agreement is not clear enough to read properly, do you have your own copy of the original credit agreement and do you feel or think that what they have sent you is not the document that you signed when you entered into this agreement, do you believe that the agreement is unenforceable?

 

Are you able to raise any funds to make a Settlement offer to them?

 

Can you provide any further details about this matter?

 

Kind Regards

 

The Mould

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Hello 1Littleduck,

 

 

Forgive me, but has your situation arisen due to cancer, I am sorry but there is so much information to digest on these forums and I think previously on another thread you have mentioned cancer.

 

Do you know if the offer of Full and Final Settlement is still on the table and what amount are they willing to accept as a satisfactory resolution to this dreadful matter?

 

Littleduck, are you out there? Please up-date as soon as you can.

 

 

Kind Regards

 

The Mould

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Ilittleduck

I don't want to worry you, but I had a loan with the now infamous Northern Rock, they went to court and even though I put a defence in, they got the charging order, then on the day that the s**t hit the fan they had me back in court that morning and were applying for a repossession order for the house to be sold to pay back their £15k that we had borrowed. This was also originally an unsecured loan and the judge found in their favour, but luckily we had already started the process of selling so he put on order on that if we did not sell within 3 months then he would grant an eviction order, and the house would be sold at action................

 

We were fortunate that we sold literally 1 month before the full credit crunch hit and we had to pay court costs and everything which totalled in the end over £21k... so listen to what the other caggers are saying get a defence sorted otherwise you will lose your house.

 

Make sure that ALL the paperwork that Lloyds Tsb have sent you is correct as they do not always send out the correct paperwork, they sent me a photocopy of my May 2009 credit card statement saying that this was my copy of the original credit card agreement and have totally ignored my SAR.

 

and don't ignore it thinking it will go away, it won't.

KB

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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1Littleduck

I hope that what I posted above has not scared you, I posted it for the reason of showing you that these companies can and will do these god awlful things against us. What I said above may not be what Lloyds TSB will do, but rather they can do, so please give the other caggers the info and the quicker they can advise you as what to do.

Sorry if you think I have gone over the top.

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Hi,

Read through this essential thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

See if Sequenci can offer you some specific advice.

It would help if you could summarise your circumstances and answer the queries above, so anyone coming along to advise can pick it up quickly.

Hope this helps, and good luck,

Kind regards,

Elsa x

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1Littleduck,

 

Are you there? Please reply.

 

We all want to help you as much as we can, I specifically need to know if the Settlement offer is still on the table and if so, the amount required for Settlement.

 

Don't despair, up-date as soon as you can.

 

Kind Regards

 

The Mould

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I cannot raise any funds to offer them, but they have said I could make a reduced amount in settlement.. I will know more tomorrow when I talk to them and explain what my ex partner has been doing to me...

I have found they very nice in the p[ast so hopefully they will help me out on this...

Will let you all know tomorrow night.

I an not in ill health.. just unemployed..

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I cannot raise any funds to offer them, but they have said I could make a reduced amount in settlement.. I will know more tomorrow when I talk to them and explain what my ex partner has been doing to me...

I have found they very nice in the p[ast so hopefully they will help me out on this...

Will let you all know tomorrow night.

I an not in ill health.. just unemployed..

 

Hello 1Littleduck,

 

Thank you for up-dating, my apologies regarding ill-health, well, you are having a terrible time, what on earth is wrong with your man.

 

I asked about the Settlement offer because if you could raise the funds, then they wouldn't put the charging order on your home, I really do hope that they will be understanding and reasonable towards your situation.

 

Please up-date tommorrow, when you have spoken to them, so that we all know that you are alright.

 

Well take care won't you 1Littleduck, let me know if the Settlement offer is still on the table.

 

Kind Regards

 

The Mould

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Hi all.. sorry its taken so long to get back to you.... My ex had the phones cut and the net... have just got the phone back on.

I have spoken to lloyds and they say I need to rais £8200 as a settlement...

They are not going to put a repossession order on the house, but will prevent me selling until the debt has been paid.

I suggested that they have a letter from my solicitor stating they will clear the debt as soon as the house is sold from my equity... and they have asked me to send them a personal financial statement...

I have already sent one to the court, which lloyds say they have not received..

I dont know how to put a stay on the case due to the lack of a signed agreement.. but would appreciate some help with my defence, which I have to get sorted quite quickly...

I still have no internet, and have to use a friends until my daughter can sort something out for me.

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