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LLoyds Bank County Court Summons


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The agreement does not include any indicator for PPi but I am sure this was being charged so I put in a written request for further info and a breakdown which was never sent to me.

The CC issue date is the 13th. We have been Lloyds customers for 19 years with numerous products and they have been by far the worst to deal with.

 

 

When you say you put in a written request.. was this just a polite letter of did you do it by way of a Subject Access Request ?

 

This costs you £10.00 and you would need to ask specifically for the Insurance information.

 

I will ask someone with more knowledge of PPI what, exactly you need to be asking for. :)

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok micky, your post 9 is visible again:D

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Mickey, another question.

 

we need to know exactly the basis on which you were refused the payment and also know the terms and conditions of the PPI.

 

I am assuming you wont have the terms and conditions of the PPI until you make the Subject Access Request.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I will have a look at your plight on the PPI issues.

 

I will post some links which will give you an idea on how to claim the PPI was mis-sold and also what information you should specifically request withing your Subject Access Request.

 

If you have paid the PPI premiums for xx number of years and they now find an excuse no to pay out on the Policies then it is clearly IMO a case of selling a product which was of no benefit to you when you needed to make a claim. In this instance you should be requesting repayment of all of the premiums you have paid plus the interest and 8% statutory interest.

 

I will get back to you later and I have asked CitizenB to give me a PM reminder.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thanks very much. Its not very fair that not only was the insurance charged for I never agreed to it on the original agreeement and then I still could not claim anyway even though I paid it all those years.

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micky, I have just found another little snippet that might be of use to you.

 

Posted by sequenci - site team

 

They cannot call in the mortgage if you've never fallen behind with it UNLESS it is an offset mortgage? Can you clarify this for us please?!?

:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Mickey, in answer to your question.. DONT TICK

 

The following thread has information that may also be useful later in the progress as well.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/168747-court-papers-filing-defence.html#post1822529

 

:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok I appreciate you are on a different forum but on the PPI issues I will post up links.

 

PPI has been mis-sold in huge amounts up to a possible £4billion.

 

Now the banks are reaping the whirlwind of mis-selling,

 

The Financial Ombudsman Service is upholding 90% of complaints in favour of the consumer.

 

This is the good news.

 

The bad news is the banks will try and obstuct your claim and delay it in whichever way they can and will certainly feed mis-information to put you off proceeding with your claim to the FOS or Court.

 

So this will be a long post (as is usual for me)

 

PPI - Some Notes for Claimants..

 

BANKS are giving incorrect advice on PPI

 

Full SAR for ppi

 

when you send the SAR the following is important.

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

 

Mis-sold PPI? Want your money back? use these links to help

 

Now I know this is a mountain of information to plough through but you will learn and gather confidence in the fact your PPI was IMO mis-sold and you can claim it back. Once you start you can then use the fightback to offset the claims against you. You should point out to any claimants that you are only in the predicament you are in through the mis-selling of PPI which has turned out in your own case to be totally worthless.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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As I see it the aim of the game is to claim mis-sold PPI then either LTSB or the FOS uphold the claim. This will in effect get you a refund of your PPI premium payments and interest. Hopefully contractual interest and 8% statutory interest as well.

 

The FOS are currently upholding 90% of consumers claims on complaints about mis-selling PPI... Also do not forget to ask about compensation if your claim has been unduly stressful and do not sign any acceptance of settlement until the FOS has given you a written assurance that compensation is not being added. DO NOT ACCEPT A PHONE CONFIRMATION.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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The FOS are currently upholding 90% of consumers claims on complaints about mis-selling PPI... Also do not forget to ask about compensation if your claim has been unduly stressful and do not sign any acceptance of settlement until the FOS has given you a written assurance that compensation is not being added. DO NOT ACCEPT A PHONE CONFIRMATION.

 

aa

 

Even better than that for good old Lloyds.

 

Complaints data

 

Lloyds TSB Bank general insurance complaints are upheld 98% of the time... an amazing figure.

 

S.

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The fact that I was being charged the insurance and I clearly did not sign for it and then was told I could not use it when I became a full time carer for my wife and baby daughter is amazing.

I have sent the SAR request then I will need to formalise a complaint to the FSA I imagine?

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  • 2 weeks later...
Still nothing received on my sar request I need to follow this up to see what the hold up is.

 

mickey, they have 40 calendar days to provide data in respect of the SAR. Have you checked on the royal Mail website, track n trace to make sure the letter was signed for (if you sent it recorded or special delivery). You just pop in the reference number from the receipt you were given at the post office.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It has been signed for I will check with the court to check the procedure in the event of the documents required not arriving.

I will answer your previous question then on the reason for not underwriting the insurance claim as there were more than one given depending on who we spoke to and how qualified they were on the terms.

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Mickey, your claim form is dated 13th October 2009.

 

Did you just acknowledge service saying it was your intention to file a defence or have you entered a defence ?

 

I ask because we need to stick to a time line.

 

Claim issued : date of issue + 5 days for receipt

 

then 14 days to acknowledge + a further 14 days to enter defence.

 

That is 33 days from date of issue which I make 14th November 2009.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have just received this back from Lloyds solicitors relating to my SAR request and for further info. They have passed this on and this is the response from them:

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0045.jpg

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0046.jpg

I have not entered a defence yet and could do with some assistance on that matter.

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I have just received this back from Lloyds solicitors relating to my SAR request and for further info. They have passed this on and this is the response from them:

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0045.jpg

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0046.jpg

I have not entered a defence yet and could do with some assistance on that matter.

 

Ummm, they are treating your request for a Subject Access Request as a CPR letter.. what the *7%3..

 

Righto, you have a copy of an agreement in which no tick for PPI is present.

 

You have a DN which if I am correct appears to give the correct amount of time to remedy. Was there anything else wrong with it ?

 

You say you have statements.. all of them back to when the account was opened?. If so, can you work out how much PPI roughly at this stage you have been charged whilst not asking for the product ?.

 

They have written to you refusing you information that will be required for you to defend yourself.

 

I will give this a bit of thought and get back to you tomorrow.. you still have a couple of days (14th isnt it). You can enter you defence online. What I am not sure at this stage is if you need to do an embarrassed defence, or a full one with a counter claim for the PPI.

 

Have hit the SOS button for more input from others.. DONT PANIC !!.. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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mickey, you say you sent the Subject Access Request.. did you enclose a £10.00 postal order and can you post up the exact contents of the letter you sent them. Thanks

 

The way I read that letter above, it is in respect of an undated letter you sent to the solicitors ? Did you send a CPR request to them and a separate SAR to the bank ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I sent a cpr request to the solicitors and a seperate sar to the bank with a postal order.

I have not received all of my bank statements and insurance details as requested. According to the solicitors letter these will be sent separately but still not received.

Due to the statements not being received or any written indication as to why I was charged the insurance how much and why I couldn't claim under the policy it is very difficult at this stage to calculate the total cost.

I have a letter sent recorded stating my position dated 7/8/2008 but this was also ignored and that letter contained a reduced payment request and a record of when I spoke to staff about the insurance.

The postal order has not been cashed just checked and I have no records on file with regards to a response to any of my previous letters of complaint or query relating to my account. The letters written go back over a year with no response plus subsequent conversations with a couple of DCA's.

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If Lloyds lose subject to my defence can Lloyds then try again or will a final decision be made regarding the account following this process?

I have contacted Andover regarding my SAR and waiting for a call back again it was signed received 16th of October.

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Hi micky,

 

Right if they signed for your SAR on 16th October they have until 25th NOvember to supply (40 calander days).

 

You will, I think have to put in an embarrassed defence at this stage, LTSB will then have 28 days to decide if they want to proceed. If they do, then you will receive an Allocation Questionairre from Court. This is just a form to complete which will allocate court (local), track, (small claims, multi or fast). You also get the opportunity at this stage to ask for any information you still requiire.

 

You will then have the opportunity to submit a fully particularised defence.

 

I have posted an embarrasssed defence for you below. LTSB will almost certainly attempt to go for a judgement by default initially so you must get this defence in by tomorrow at the latest. It is short enough to go online.

 

If you receive any communication from the solicitor saying they have obtained judgement by default.. then please let us know. They are not permitted to even apply for it until the day after the last day for filing.

 

 

1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) 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.

3. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim. A letter from the solicitor acting on behalf of the claimant dated, (DATE OF IRWIN MITCHEL LETTER) advises they are not obliged to fulfil this request.

4. On receipt of the Claim form the Defendant also made a Subject Access Request to the Claimant direct. The solicitor's letter already mentioned appears to imply they are not obliged to commit themselves to providing this information prior to a court order.

 

5. It has been confirmed via the Royal Mail Website that the above letters were received and signed for.

6. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof

 

7. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraphs 3 and 4 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 Court’s permission to amend my statement of case accordingly.

 

HTH

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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