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SCM Lloyds Court summons help!


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Really hope someone can advise me on this.

I have received a court summons and I am not sure what to do.

I have checked the default notice, have a copy of the agreement, all look correct.

What I am trying to do is avoid a CCJ.

As most will know Lloyds are one of the worst creditors to deal with, my brief history:

Sent a letter requested interest to be froze and make lower payments. Recieved a letter refusing this as apparatley I could not afford what I offered. This was down to complicated income and expenditure, the system did not have the right boxes! However phoned them and tried to explain, but they could not understand, eventually during the same phone call, agreed a payment £10 higher than the refused offer. This was for 6 months.

After 6 months phoned for the review, told I needed to do I&E again, did this, was then told they would agree to continue the lower payments as long as I guaranteed to pay the full payments at the end of 6 months. I pointed out that I could not possibly agree to this as I had no idea what my financial position would be in 6 months time.

I do want to pay them, but they would not agree. I am not sure if I can defend the court summons on the basis that an offer of payment was made, and is still available. If someone could advise as to weather it is worth trying to defend, that would be great.

 

Many thanks, please excuse my bad spelling!!

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In all honesty Jake, I don't think you can defend it on that basis, i'm really sorry to say. If it was me in your situation, then a CPR31.14 might be a good start (send recorded to the opposing solicitors) it has to be in line with the particulars of the claim. Was there any PPI on the debt at all ? When I mention the CPR31.14 take a look here, and make sure you stick to all the timelines as well - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thank you for such a quick reply. No PPi.

Am I right in thinking the CPR is for copies of the default notice and demand for full payment as listed on the court summons? As I already have the copies sent to me. But to be honest I am not sure I have this right about the CPR.

Many thanks again.

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Hi Jake,

 

As 42man has stated, have you had any penalty charges added to the account, you can claim these back with contractual interest, these could add upto quite a bit. You can claim them back over the last 6 years plus. Also any PPI thats been mis-sold can be claimed back wiith contractual interest. That is the way to go, all templates and spreadsheets can be found in the library on this site. If you haven't got statements send a SAR request with a postal order for £10, they will send all statements for at least the last 6 years. It's your money and you want it back.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates

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