Court Claim received re Lloyds Personal Loan

[zeeshop]

Hi,

I am reading your case with interest.

I recently received claim from court on behalf of solicitor for lloyds tsb.

My loan was for £4000.00 taken in 2003 (lloyds TSB personnel loan). I made continuous payments for years then from last few years i went in arrears.

 

Now as I received court claim form and i need to complete this within 14 days.

Please advise which is best solicitor (no win no fees)based in Manchester.

Also as advertising in tv unenforceable loan, is my loan in this category.

 

I am totally blank and upset, not sure from where to start, and sure this is only forum where I will get right advice.

I would be very grateful for any valuable advise.

 

Regards

zee

[slick132]

Hi Zeeshop and welcome to CAG.

 

Thread moved into Legal Issues forum for attention.

 

Read other threads to see how to acknowledge the claim. You'll get no help from a no win, no fee solicitor but you can defend yourself with all the help available here. You'll need to do plenty of reading though !

 

Check all your a/c statements to see how much you've been charged in penalties for late or missed payments. These penalties can be reclaimed in full plus compound interest at the a/c's contractual rate. If you don't have all the a/c statements, you will need to get them as part of your CPR 31.14 request. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

Tell us what their Particulars of Claim say exactly.

[42man]

Zee, is there any PPI on the loan ? please do have a read of this - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[zeeshop]

Please find below information included in court claim form. I borrowed £4000 .00 in 2003 and made regular payment for few years i wonder y amount is still around 4000.00.

 

please advise from where should I start.

=============================================================================================

Fom SCM Solicitors dept cdr

issued on 14 OCT 2010

 

Amount claimed: 39**.**

Court fee :85.00

solicitor's costs :80.00

Total amount : 41**.**

 

Particulars of claim:

 

1. By a loan agreement in writing and regulated by the consumer credit act 1974, the claimants agreed to lend monies to the defendant.

2. The defendant is indebted to the claimants in the sum of 39**.** in respect of a personal loan account numbered 1*********** and maintained by the defendant at the central loan processing unit.

3. In breach of the said agreement, the defendant failed to make payment and on 11/03/10 the claimants did issue a default notice pursuant to section 87(i) of the consumer credit act 1974.

4. by letter of 29/03/1, from the claimants to the defendant the claimants demanded repayment of the said sum, but the defendant has failed to repay the said sum or any of it.

5. in the premises, the defendant is indebted to the claimants the sum of 39**.**

6. The claimants therefore claim the balance due under the loan agreement 39**.**

 

======================================================================================================

 

reference to

"Zee, is there any PPI on the loan ? please do have a read of this -"

 

Please advise how I can find out if I had PPI,I am sure when I took loan they advise me it is protected under insurance.

I just spoke to Claimant and they said the only recieved amount to claim from bank, I advised them that I am sending you written CPR 31.14 request ,then person replied once they will recieve this they will get all relevant information form LLoyds tsb.

what to do next:)

Regards

Edited October 20, 2010 by zeeshop

[silverfox1961]

Stay off the phone!

 

Dealing with matters such as this by phone is dangerous. You need a paper trail. All you can do is send the cpr 31.14 request by Recorded Delivery.

 

have you acknowledged the claim yet?

[zeeshop]

Regarding "have you acknowledged the claim yet?"

Not yet, I am doing this now. Also preparing CPR 31.14.

 

How can I request or would know if they sold me PPI.

What should I do once I filed defence.

 

Should I contact any No win no fees solicitor for backing me. (how to find out which one is better)

what could be end result of this case. will they put judgement against me or possible outcomes?

 

I am really grateful for support and advices I am getting from this forum, You peoples are great.

 

Regards

zee

Edited October 20, 2010 by zeeshop

[zeeshop]

I am acknowlging claim using money claim . gov . uk site

 

there is question that asks:

 

Those fields marked with * are mandatory.

 

Intention

I intend to: Defend all of this claim

Defend part of this claim

If you intend to defend all of this claim this means that you disagree with all the However if you agree with some but not all of the claimant's allegations you can defend part of the claim (this is called a part admission).

 

what should i tick.

am i defending full or part claim,

 

kindly advise.

 

regards

Edited October 20, 2010 by zeeshop

[zeeshop]

No Answer me yet!

 

Any way I submitted acknowledgement of claiim and also sent crp 31.14

what could be possible outcome:(

 

thanks for help.

 

regards

[slick132]

Hi Zeeshop,

 

Did you say you would defend all the claim.

 

What have asked for in your CPR letter.

 

8-)

[zeeshop]

Hi,

 

 

Received my credit agreement from bank, which I requested few days before, along with credit agreement.

They actually added Payment protection insurance policy in loan and made this PPI part of loan which added £1166.68 in my Loan with monthly repayment of £24.51 extra.

 

I signed on this agreement.

 

I am sure when I applied for loan person who dealt with me in bank advised me that this PPI is part of loan and I must have it.

 

Please advise does this make my case to actually claim that PI was sold to me without advising me and left me with no option.

 

Kind Regards.

 

Zee

[zeeshop]

reference to previous post,

please if some one advise that in my case, this payment protection insurance policy can be define as miss sold PPI.

 

As I signed this policy and paper to sign was presented to me along other loan document. and I was told that this is part of loan and I must buy this. even though in paper work it is mentioned as optional protection policy.

 

I dont even remember if I did sign one, but copy they provided have my signature.

 

kindly advise.

I contacted one law firm and they said they will charge me £500 to check my documents/ agreement to see if loan is enforceable and PPI I have is mi sold or not. if they think all ok they will go ahead with this on No Win No Fees. But initial charge is £500.

 

I am really confused, don't understand what to do next. Kindly advise what should my next course of action should be.

 

Thanks and regards,

Zee

[slick132]

Hi ZS,

 

Can you confirm, is this a Personal Loan or a Personnel Loan (because you were a staff member when you took it).

 

PPI - If you were told, when you took the loan, that the PPI had to be taken with the loan, it was mis-sold and you should reclaim the PPI charges. Read up on this in the PPI forum.

 

It's up to you, whether to use a No Win, No Fee solicitor. They may be able to help, particularly because of the PPI, but £500 is a lot to pay for something you can maybe deal with yourself. Certainly, you'll find all you need here on CAG.

 

Can you post up a copy of the credit agreement after hiding your personal data. See the guide here for help in doing this - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Please answer my Q's in post #9 above.

 

8)

[zeeshop]

Hi,

Thanks for reply, Please find attachment of credit agreement I received from Bank.Please correct me if you find any mistake.

Please advise if I can make my case strong using PPI.

[slick132]

Hi ZS,

 

You've still not replied to the Q's in post #9.

 

Or the one at the start of post #12.

[zeeshop]

Hi SLick132,

 

Thanks for your help and guidelines. this was personal loan, I was doing Security officer job on these days.

My CPR 34.14 Letter was actually copied and pasted (Link provided in POST #2) with my details in, but I noticed some one in other post mentioned CPR 31.12. I already posted cpr 34.14 do I need to also send CPR 34.12. Kindly advice what should I do now, wait and see?What you think about my PPI claim after reading my credit agreement attached above. Also I never received Default notice. can I use this in my defence. How should I start preparing my defence, or wait until response of my CPR request.

Regards. My CPR 34.14 is as follow:

 

 

Dear Sir,

 

Re: SCM Solicitors DEPT CDR v Z.S) Case No: ******

CPR 31.14 Request

 

On 17th October 2010 I received the Claim Form in this case issued by you out of the Northampton County court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

3 the termination notice

 

4 any other documents mentioned in the Particulars of Claim

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

My Name

[slick132]

Hi ZS,

 

I think the CPR31.14 letter will be fine just now.

 

In post #2, I referred to penalty charges which you can reclaim. Do you have any or all of the statements for the loan or are you relying on the CPR request for these.

 

The documents linked in post #13 are all too small for us to read. Please use the guide that I gave you and us to doc'ts that we can read.

 

8-)

[zeeshop]

Hi,

 

Reference to your question, I don't have account statements and relying on CPR request.

Latest:I phoned financial ombudsman Today, and advised about my situation, Person asked me if I want them to send complain on my behalf to lloyds about PPI, and I said yes, I provided them with my Lloyds personal loan account details. He said if I will not hear from lloyds within (I forgot 60 or 90 days) then call ombudsman and they will take it from there to sort this out. Ombudsman gave me reference number for future correspondance.

 

Now CAG's seniors, will this offiicial complaint can help me to stay away from court, should I make this part of my defence that official complain from ombudsman is still in progress and they should not pass any judgement or claim against me until this respolved. or should I contact SCM (lloyds bank) solicitors in writing that they should not proceed until decision made by ombudsman?. Kindly Advise.

 

 

I tried using/ Inserting image using external Source(picasa) but getting this error:

Errors

The following errors occurred with your submission

To be able to post links or images your post count must be 20 or greater. You currently have 10 posts.

 

Please remove links from your message, then you will be able to submit your post.

 

Kind Regards.

[slick132]

You'll be able to link to an external source when you've made enough posts. We can wait until then, I'm sure.

 

The complaint about PPI to the FOS may not be the best way forward. It will take a long time and the FOS tend to find in favour of the banks when there is any doubt. Also, the bank may say that the FOS may be over-ruled by the court's decision.

 

You should rely on your own case for mis-selling if you think the PPI was mis-sold.

 

Read up on this in the PPI forum while you wait for the reply to your CPR letter. 8)

[zeeshop]

Hi, thanks for help slick and others.

 

I need to submit my defence before 14 Nov 2010, still waiting from Lloyds solicitors to reply my cpr 31.14.

 

I don't want to get any judgement against me. Please advise if this is possible. and how?

 

How can I prepare my defence my self. what should be my next step. I am really scared of days ahead.

 

thanks and regards.

[zeeshop]

Hi,

 

WHat to check in my credit agreement to see if my Loan is enforcable or not.

 

Any link which can help.

thanks

[slick132]

Hi ZS,

 

As the Claimants POC's are so brief, they'd be considered to be "insufficiently particularised" and you can enter an "embarrassed defence". You should find examples on other threads in this forum.

 

Get this prepared so you have it ready for when needed.

 

If the Claimant supplies the data requested in your CPR request, review what they send and see if it gives strength to your defence.

 

See the guide at Link No2 in my signature about checking your credit agreement, and post up a copy for us to see when you've made enough posts.

 

8)

[zeeshop]

HI SLick,

thanks for your much valuable reply, I am reading through posts.

I noticed in my credit agreement that they is no indication of Right to cancel agreement.

but I can see right to Settle this agreement.

 

does this make any difference.

[zeeshop]

Hi,

As i done my 20 posts I am able to upload Images of credit agreement, Kindly advise what I can do using this agreement in my favour. Direct link for images are after current post. You can zoom in using direct link below for better view.

regards.

Edited October 29, 2010 by zeeshop
link update

[zeeshop]

Hi ,

reference to previous post

 

Just uploaded credit agreement in my post. direct link of agreement is below for better preview. Please click on ZOOM (+) to zoom in image.

Regards

 

http://picasaweb.google.com/lh/photo/iktLoNl_dRqNUKrcuT289Yn2pZ3Qbi0wruzB5NHfseE?feat=directlink

http://picasaweb.google.com/lh/photo/d_lZAyoR8gYMn5eA901emYn2pZ3Qbi0wruzB5NHfseE?feat=directlink

http://picasaweb.google.com/lh/photo/NUxKcc8GlnijyZyuCZdgK4n2pZ3Qbi0wruzB5NHfseE?feat=directlink

http://picasaweb.google.com/lh/photo/ebB-rpaj_wtvwDln49tFrYn2pZ3Qbi0wruzB5NHfseE?feat=directlink

http://picasaweb.google.com/lh/photo/GMybqwZGEYKEcVJs1VZW-Yn2pZ3Qbi0wruzB5NHfseE?feat=directlink

Edited October 29, 2010 by zeeshop

[slick132]

Hi ZS,

 

If you don't have your a/c statements, were they asked for in your CPR31.16 letter - I can't see mention of them.

 

If necessary, send a 2nd URGENT letter seeking copy statements or a/c transaction data as a further requirement of your CPR request.