CCJ - Lloyds Loan / SCM Solicitors, claim form received, please help!

[JRP1414]

Hi,

 

I am in need of some urgent help with a County Court Claim form received this morning for my other-half's loan with Lloyds.

 

To cut a very long story short...

 

She fell in to arrears with the loan. A Default Notice was sent to her in Dec 2009 and a letter from SCM Solicitors in Jan 2010, demanding full payment of the outstanding amount (£6,600). She contacted the Collections Centre and SCM Solicitors and agreed to pay £30 per month by direct debit.

 

During the course of this agreement, Lloyds automatically increased the Direct Debit to the original payment amount of £200, without warning or permission. A complaint was made, they apologised and reinstated the £30 per month agreement. Low and behold, they did it again and after a further complaint, they apologised and admitted a breach of the direct debit guarantee. Again, the £30 per month agreement was reinstated.

 

As a result of the problems, my other half refused to pay them via direct debit and after a lot of arguing was eventually sent a payment book to pay manually in the branch. She has been paying £30 per month as agreed since May this year in this fashion.

 

Unfortunately, for whatever reason, she forgot to make October's and November's payments. By the time she realised, she paid November's in to the branch a few days late.

 

She has now received a County Court Claim Form from the Northampton Bulk Centre demanding £6500 (inc court fees and solicitors costs). The form is dated 12th Nov, 1 day after she made November's payment into the branch. The Particulars of Claim states that following the letter sent by SCM Solicitors in Jan 2010, the Defendant has failed to pay the sum 'or any of it', which is factually incorrect, as she has paid 5 monthly payments.

 

What are her options now? Does she have to admit the claim and agree a monthly amount, thus incurring a CCJ? Or is it possible to defend the claim on the basis that she has been paying the agreed amount and is willing to continue doing so, but has just had a hick-up over the last two months? What are the likely implications of defending the action?

 

Any advice would be very much appreciated as we are both really concerned about this and would like to avoid a CCJ if at all possible.

 

Thank you for your time.

[dx100uk]

scan up the dn

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[42man]

This may help you too - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED