Help! Lloyds TSB has just County Courted me

[sickasapig]

About 8 years ago I took out a Visa credit card with Lloyds TSB. After a few years LLoyds TSB sent me Mastercard and Amex credit cards out and about a month later canceled my visa credit card as they no longer do credit cards with visa.

 

Anyway I became unemployed last year and could no longer afford to pay my credit card and bank loan with them. After a call to CCCS they finally agreed to temporarily accept £1 a month for each debt and I paid the Credit Card for first two and months and the loan every month since then.

 

I sent off CCA requests to both however as the loan was quite new I wasn't expecting it not to be in order but I knew there'd be no valid CCA for the credit card as it came out of the blue without my knowledge and I never signed or agreed to anything.

 

Lloyds eventually sent me a photocopy of part of the original VISA CCA without signature and a covering letter saying they had completed the request and they did not need to send an agreement with signature but about a month later they sent a photocopy of the original VISA CCA with signature.

 

I sent them the dispute letter and kept getting the threats through the post which I still have in the cupboard but then it went quiet and I got a county court summons through the door on Monday.

 

I'm going to fill the form in online and dispute the full amount but could someone give me some guidance on what to write not really good with legal matters.

 

Not that it matters but about £500 of the "debt" is just charges and interest they have added on since I "defaulted" on the "debt" so obviously if worst comes to the worst and they somehow manage to persuade a judge that I have to pay it (which I can't anyway) then how do I go about having them remove that?

 

Really need some advice here guys. Cheers

[dx100uk]

put in a claim for the charges ND P'HAPS PPI?

 

THIS NEEDS MOVING TO THE LEGAL FORUM

 

oppss..caps...

 

i'll get that done

 

dx

[sickasapig]

I didn't have PPI on the card. I don't have any credit card statements anymore and I don't suppose I could apply for them now that they are taking me to court for what they claim I owe them?

[dx100uk]

you can sar anytime

 

dx

[mikexlr8]

subbing

[MARTIN3030]

Moved here (last job before sleep)

[42man]

Please do have a read of this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[sickasapig]

Need to file my defense and was thinking something like this....

 

The claimant has not provided a valid CCA despite requesting it in writing and as such are in breach of section 77(6).

 

As there is no valid Consumer Credit Agreement in place there is no agreement there is no claim.

[sickasapig]

But someone with more knowledge would know whats best to put as I need to file it today if possible as it was issued almost 2 weeks ago,

[Docman]

You need to acknowledge service of the claim form (N1) which will provide you with 14 more days to file a defence.

[sickasapig]

I want to do it online if possible. Could someone just say if i'm right by saying not sending me a valid CCA they are in breach of section 77 (6)?