Court Claim received re Lloyds Personal Loan

[zeeshop]

Thanks again slick132

I didnt sent CPR 31.16 , but I sent CPR 31.14 as advised to me previously.

 

in my CPR 31.14 before I finally printed I added account statements as well, Please advise do I need to send CPR 31.16 separately for account statements/ transaction details. thanks.

Also what you make of my Credit agreement, where I stand, how enforceable this agreement is, I noticed on agreement heading its says Non cancellable special loan offer, mean once i get money I cant cancel, or what ever?

 

I am very grateful for your support slilck, I was very much stressed before visiting this forum, bless you all.

Below is my updated CPR 31.14 request Which I posted using recorded delivery.

 

Dear Sir,

 

Re: SCM Solicitors DEPT CDR v Mr. Z S Case No: 1**********8

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 Account Statements

 

5 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

 

 

 

 

Z

 

Address:

Edited October 29, 2010 by zeeshop
Special thanks to Slick132

[slick132]

My mistake Zeeshop.

 

I meant to say "CPR31.14 letter" and, if you asked for statements in your letter, that's fine.

 

I will look more closely at the agreement, etc when I have time later.

 

8)

[slick132]

Hi ZS,

 

I've asked for a CCA expert to look in and comment on the credit agreement for you.

 

8)

[zeeshop]

Thanks slick so kind of you.

 

I am reading through other posts, yourself and other experienced CSG's saved many lives. I hope i will be debt stress free soon.

regards.

[silverfox1961]

Hi,

I think I am right in thinking this loan was taken out and signed for in branch-hence the non-cancellable agreement. If you had taken the forms home or done it by post, cancellation rights would prevail.

 

I do recommend you look at this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?171037#post1845581

 

As your agreement has two elements to it (loan + PPI) I do think it falls under the multiple agreement umbrella

[zeeshop]

Hi,

I think I am right in thinking this loan was taken out and signed for in branch-hence the non-cancellable agreement. If you had taken the forms home or done it by post, cancellation rights would prevail.

 

I do recommend you look at this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?171037#post1845581

 

As your agreement has two elements to it (loan + PPI) I do think it falls under the multiple agreement umbrella

 

HI Silverfox1961 thanks for looking on my loan agreement.

Yes loan was taken in Bank southshields branch, I am sure PPI was missold.

I read multiple agreement thread, but cant figure out where my agreement stands,only thing I understood is that mine is multiple agreement(attached above)

 

I need someone experienced to advise me exactly what I should look in, where my agreement stands, enforceable or not and how can I use it in my defend.

I am still waiting for Lloyds solicitors to reply my CPR 31.14 request.

As Slick132 advised I am in process of preparing my defence, I will post my defence here before post, so someone correct my mistakes.

regards

[IdaInFife]

The agreement looks to contain what it needs

[zeeshop]

Thanks IdaInFife for looking on my credit agreement,

 

If nothing wrong in agreement, any solution some one can advice me how to defend my case. How to prove that PPI was missold.

 

Is there any way to not to get any judgement but settle payment arrangement with bank, or through court but without judgement. I never recieved paper copy of default notice. Only came to know after receiving court claim form.

Reference to http://www.consumeractiongroup.co.uk/forum/showthread.php?171037#post1845581

Post 5 to post 12 and so on...

====quote===

Re: Multiple agreements falling within section 18 CCA 1974

31 .05.2005 the rules changed so the agreement containing the PPI what ever it was for would require a separate box for signing to say you want PPI

 

====quote====

I took my loan in 2004. will this not make any difference.

 

 

Thanks and Regards

Edited October 31, 2010 by zeeshop
extra information

[zeeshop]

Hi,

 

I sent my CPR 31.14 request to lloyds solicitors on 26 October 2010, using recorded delivery, Just checked from royal mail tracking system, that it was recieved and signed on 01 November.

My question is does 7 days response time from claimant starts from 01 November or before.

Also, do I need to send them reminder again.

I need to submit my defence before 14 November.

 

Thanks and regards.

[slick132]

Hi ZS,

 

See 31.15 here here - http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm#IDA1VOVB

 

"..... the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request."

 

You need not send a reminder. You would simply point out to the court that the claimant has failed to comply with your request made under CPR31.16 on xxdate.

 

Be prepared to use the "embarrassed" defence in any event as this is appropriate given that their POC's are not sufficiently particularised. I referred to this in my post #21 above.

 

8-)