Claim Form from SCM

[smok3y666]

I have recieved a claim form today from Northampton in relation to a Lloyds credit card debt of £4800'ish. I'm not sure how old the account is maybe 4-5 years and i'm not too sure what to do next. I was paying the account off along with other accounts through a debt consolidation group who managed to get the interest frozen on all the accounts except for the Lloyds one. What was being paid to them was only covering the interest and the amount was not going down so I stopped paying them as I thought this was unfair. I was getting nowhere with it despite them being paid for approximately 1 year through the debt consolidation company. It says on the letter here I stopped paying then in Jan of this year. I am currently still paying of other debts including one other credit card and my overdraft. What would I need to do to defend this claim or try to defend this claim. I remember recieving default notices from Egg but never Lloyds.

 

The other problem, whilst I am currently working I am also saving to hopefully go to university next September. So come this time next year I will not be working at all.

[rebel11]

hi smok

 

welcome to cag

 

The guys will advise as soon as they are available.

[smok3y666]

Anyone? Just some advice? I'm more bothered about how this will affect me going to university next year!

[Guest]

smok!

 

if you're going to defend, then you could do a CPR 31.14 request for the docs mentioned in their Particulars of Claim to see whether they have enforceable docs. loyds usually mention the alleged agreement, default notice, and formal demand in their PoC. if they haven't sent you a default notice then that should be in your favour. an CPR 18 request can be creatively done for any 'information'. can you type/post up the PoC minus any identifiables. you'll also have to acknowledge your intention to defend to MCOL within time.

[smok3y666]

Hi, thanks for replying to my thread. If I decided to pay Lloyds back could I try to get the amount redueced? I don't want a £5000 debt when I will be going to university and living off a bursary. I used to bank with Lloyds as well and tried unsuccessfully to claim back £3000+ in unfair bank charges. The debt consolidation company I was with tried for 12 months to get Lloyds to freeze the interest on the account which Lloyds refused to do so the money that was going to Lloyds was only paying the interest and the amount was not coming down. This was the reason I stopped paying Lloyds in the first place because I could not afford to just pay off interest as the debt was not going down. Llloyds also offered me a settlement of around £2500 on a couple of occassions which I could not afford to pay even if I had wanted. Could I on the claim form offer to pay a reduced amount of say £3000 based on the fact that they have had all the money from me in unfair charges, were uncomprimising with the debt consolidation company and that they have offered me a reduced settlement figure?

[smok3y666]

Anyone?

[maroondevo52]

Hi,

 

How far did you get with your charges claim, and why was it unsuccessful ?

[smok3y666]

They just wouldn't pay out. I put the claim in and it was right at the time when it was all put on hold. Lloyds told me it was on hold due to the court case that was going on then a few months later they sent me another saying they weren't going to pay out. I tried again under financial hardship as I had been made redundant maybe 6-12 months before. I was in work at the time but needed the money back to get my finances back on track. The bank charges that I was hoping to get would have gone to pay off most of the credit card that Lloyds are now claiming for.

[AndyOrch]

Hi Smok

Defend the claim in its entirety and argue your unfair charges claim in defence.They will listen this time.

You have 33 days in total once issued with a summons.5 days deemed served so leaves 28 14 to acknowledge the claim on line MCOL and a further 14 days to submit ones defence.

Use the CPR to request information pertaining to the claim and also use a section 78 request to request your agreement separately.Print your name on all correspondence and record delivery everything.

What was the value of your unfair charges just out of interest?

 

Regards

 

Andy

[smok3y666]

The POC:

 

1. By an agreement in writing & regulated by the Consumer Credit Act 1974, the Claimants issued to the defendant a credit-token, Lloyds Personal Advance Card, for the puropse of the defendant aquiring goods/services on credit.

2. The agreement provided that the Claimants would furnish the Defendant with a monthly statement showing the balance currently due, the minimum payment to be made and the date for payment. If the balance was not paid then provided the defendant made the minimum paymnet on or before such date, the remainder of the balance should remain outstanding and the defendant should pay interest upon it per month in acordance with the agreement.

3. In breach of the agreement the defendant failed to make payment on 04/01/2010 the claimants issued a default notice pursuant to section 87(i) of the consumer credit act 1974

4. On 26/04/2010 the claimants did issue a formal demand to the defendant.

5. The claimants therefore claim the balance due under the agreement: **4738.45

[smok3y666]

Hi Smok

Defend the claim in its entirety and argue your unfair charges claim in defence.They will listen this time.

You have 33 days in total once issued with a summons.5 days deemed served so leaves 28 14 to acknowledge the claim on line MCOL and a further 14 days to submit ones defence.

Use the CPR to request information pertaining to the claim and also use a section 78 request to request your agreement separately.Print your name on all correspondence and record delivery everything.

What was the value of your unfair charges just out of interest?

 

Regards

 

Andy

 

I can't remember exactly but I remember a figure of around £3500. When Lloyds rejected the claim I gave up and probably threw all the statments away.

[AndyOrch]

But you still have the paperwork from your rejected request? and more importantly their response.

[smok3y666]

I can't find anything, just some letters regarding my request for a copy of my CCA and a few CC statements.

[AndyOrch]

Ok well its a considerable amount which can be argued against their claim and a worthy amount.

From this moment on Smok create a file and retain everything, paper trails are an invaluable part of defending anything in this life.

 

Regards

 

Andy

[smok3y666]

Okay. So is my next course of action to request the documents from SCM to see what they have? Could I not fill in the form and dispute part of the claim arguing about the charges, Lloyds refusing to negotiate with the debt consolidation company and try and get a reduced settlemt like what they offered me but pay it back monthly and what I can afford to pay? Or should I request the docs and go from there?

[AndyOrch]

By all means you can defend/admit part, make sure you follow the dates and AoS on time.You will still need the documents to substantiate your unfair charges and I would just advocate the use of D.S.A.R

on this occasion.You are not challenging the legality of the claim using this plea ie DNs Agreement NoA and I must stress that if your claim is refused or not taken into account this gives rise to the Claimant obtaining Judgment far easier.The defend all and push this matter to its conclusion does represent far greater leverage in my opinion but thats a matter for you decide and the risks involved ie costs which will be restricted as this would be a matter of the SCT (small claims court)

 

Regards

 

Andy

[smok3y666]

If I request my statements again using a DSAR request won't that give them 40 days which I don't have? What would/could happen if I defend all of it and lose? I am getting confused and even more so when reading other threads. I am more annoyed with Lloyds becuase I tried to sort this out with them over a year ago and all they seem to be bothered with is raking in as much cash as they can.

[AndyOrch]

If I request my statements again using a DSAR request won't that give them 40 days which I don't have? Yes buts whats the alternative they may respond in week or 2 who knows? They simply wont respond to a CPR request i assure you this is SCT What would/could happen if I defend all of it and lose?

you get a CCJ which you will get anyway even with defend/admit part plea.

 

Defend all (argue legality) = Possibility of defending the claim successfully 70/30% with reduced claim amount or agree settlement so back to were you was. Bonus unfair charges resolved.

Defend part = CCJ 100% but possibility of reduced claim amount (costs minimal) possibility of a settlement so back to were you was (either with charges removed or not)

[smok3y666]

Andy, your replies are much appreciated. Okay. I recieved the claim form on Friday and it is dated 30th Nov. So today is my first day of the 14 days of deciding what to do? I have seen an example of a CPR letter in another thread will this suffice? I have yet to acknowledge I have recieved the letter.

 

Dear Sir/Madam,

 

Request Under Civil Rules part 18

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Lloyds TSB.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Edited December 6, 2010 by smok3y666

[AndyOrch]

Yes the CPR 18 will suffice whether they respond is pot luck.State specifically each document you require.The statements may be a problem and regarded as a fishing expo so a SAR may be the only option but you will have plenty of time anyway before a final defence and can just refer to unfair charges within your holding defence.

Yes the clock starts ticking from the 30/11/2010 so -5 -14 -14.

I see you have already got a copy of the CCA from your previous requests for unfair charges have you anything else such as the DN or ANs.

 

Andy

[smok3y666]

I have found the default notice. I don't know what an ANs stands for? I know I had a copy of the CCA but can't find it, only the updated T&C's they sent.

[AndyOrch]

ANs Arrears Notice If you have misplaced the agreement ( hope that filing system is up and running now ) then you will simply have to request another.

 

So today consider your AoS

 

Prepare CPR 18

 

Prepare D.S.A.R

 

Prepare Sec 78 request.

 

Regards

 

Andy

[smok3y666]

I will use the cpr example i gave, the cca will be no problem. I cannot find anything with my bank account info on it. They should be able to get me the statements if I provide them with my full name and address?

[AndyOrch]

I will use the cpr example i gave, the cca will be no problem. I cannot find anything with my bank account info on it. They should be able to get me the statements if I provide them with my full name and address?

 

If the account number is not referred to in the P.o.C and you have no documentation (dam wish i filled things:roll:) then im sure the Claimant will advise its requirements to ascertain proof of you.

[smok3y666]

Okay, I found some old statements with my old TSB bank account number on.

 

So I can now send off the CCA request, SAR request and CPR request all recorded. I then acknowledge recipet of claim letter online stating that I wish to defend the full amount and then wait for the CPR docs to come and eventually the bank statements and copy of CCA.

 

So in part of my defence I will be saying that due to me banking with Lloyds and paying excessive charges on my bank account these should be offset towards what I owe/d on my Lloyds CC?

 

Won't SCM have to provide a copy of the CCA? Meaning I don't need a CCA request to the bank?

Edited December 6, 2010 by smok3y666