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    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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Dm Versus Lloyds - Help Needed


DARKMICK
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not sure what to do next

 

Claiming £1600 from Lloyds been through all the usual banter with them and had refusals to my requests.

 

eventually following the usual process on here with multiple requests to LLoyds, I filed a claim on Moneyclaim on 19 August, Moneyclaim has sent me a letter and it shows on line that is was acknowedged by LLoyds on August 24 and referred to SCM solicitors

 

however I have had no response at all apart from a letter today which is the usual monthly charge on the account

 

any advice needed as I was not sure if I could file judgement after 14 days or whether it is 28 days.

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I have just checked on moneyline and LLoyds have submitted a defence but it gives me no information apart from it will be transferred to local court.

 

What will happen next?

 

Am i likely to receive anything in the post from either Lloyds, solicitors or the local court.

 

any help would be appreciated

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I am about to do my AQ questionaire, just a couple of questions if anybody knows, I have got the AQ template from here and it looks pretty easy:

 

Do I need to send the breakdown of charges again?

Should I also send the solicitors a copy of my defence?

 

Also appreciate it if somebody could point me in the right direction for preparing a defence, and whehter there are any standard documents out there.

 

Thanks

 

 

 

M

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THANKS a lot for that

 

what do you mean by a schedule ? is that the pack for my defence?

 

also been onto that zip file which you have enclosed and it does not make much sense do I just send that whole file?

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  • 3 weeks later...

I have now sent off my allocatation form and got today from LLoyds solicitors an allocation questionaire, it states wanting another 30 days to settle out of court, is this normal in line of Lloyds bank? Do i need to do anything else?

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Darmick, go in to the Lloyds section and have a look at our threads, similar situation etc.......

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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I have now got a letter from the call, something like a stay of execution, to settle out of court until November 15

 

Can anybody advice me what to do, I have already written to SCM should I write to the court, and what do I do after November 15

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go back in to the Lloyds threads and catch up with mine and Molly's posts..and you'll see some of the "banter" we've had with sechiari.........

 

You can now send a letter to them and offer your conditions of settlement, here's a good letter that Elsinore helped me out with.......

 

 

Dear SCM

I was delighted to note from your copy of the Allocation Questionnaire that your client has requested more time to attempt settlement of this claim.

This change of heart has come as somewhat of a surprise as, up to now, your client has flatly refused to negotiate any sort of settlement, since my first approach to them on (date). It was, of course, this intransigence which led to my issuing of the claim.

Nevertheless, your client’s decision is most welcome and I look forward to receiving from you their proposals for resolution. As you have clearly already taken new instructions from your clients, you will be able to respond to this letter with an offer by return.

I am sure the Courts Service will be equally pleased that you will be relieving them of unnecessary time and expense, so I have sent them a copy of this letter to add to their files.

 

 

with your own details in of course/and what your willing to accept as a settlement !

 

 

hope this helps mate and good luck

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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  • 3 weeks later...

My stay of executiion nearly done now - November 16th

 

In my month written to solicitor twice and faxed twice

 

Also written to court as well to cancel the 1 month extension which go t rejected.

 

Not heard anything from solicior at all to settle, I think it is all wrong that they waste court time.

 

Quite funny yesterday as I got letter from LLoyds threatening me to go legal if I dont pay my £450 which is all of bank charges and in my claim. Dont they talk to each other??

 

Just wondered if anybody could give me advice of next steps on what to do on the 16th and whether I should write to court and if there are any standard letters or approaches I should use.

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the solicitors drag this out (it is them making the decision as all this nonsense about referring back to their client is rubbish) - the solicitors are in-house and it is TSB staff working within SCM (from what I heard).

 

You won't get a response until a court date is set (likely to be next year). But if the Court orders directions - usually that you and the defendant have to exchange documents to be presented in court and that a copy to be provided to the court, you may get a settlement letter just before the date that this order expires.

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Thanks for that

 

But does anyone know if I need to do something for this 1 month period which is about to expire.

 

Do I need to write to the court stating what I have done to try and settle or will they set a date for the case automatically.

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If you have'nt already, send the court copies of your letters to SC&M. This will indicate to the court that you have attempted to negotiate. You may want to include a short covering letter informing the court that your attempts have been ignored. They requested the stay for negotiation, if they have'nt attempted to negotiate and furthermore, they've ignored your own efforts, that is abusive of the system and a possible breach of the CPR's. You should most definately bring this to the courts attention.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks everyone for your help

 

Since I wrote my last post

 

Prepared a court letter stating how LLoyds had been abusing the legal system - and CC it to Office of Fair Trading

 

E mailed it to somebody in customer services - name from this site, copied in Chief Executive guessed the e mail,

 

Also faxed it this morning and posted it at lunchtime

 

just checked my account on offchance to find Full settlement

 

I have just transferred to my current account at COOP and As soon as I can get at these funds will make a donation

 

thanks again

 

Mark

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CONGRATULATIONS!!!

Another Lloyds win! Well done.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well done Mark, it's so good isn't it.......

 

me too today :D

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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