Lloyds/SCM £8.2k credit card claim filed-need help to defend.

[marty0604]

Hi im hoping that someone can steer me in the right direction .

i had a lloyds tsb credit card for the past few years ,due to going self employed and having personal problems i now find my self in debt on a credit card 8000 worth ..

ive had number fo phone calls off lloyds tsb and a few letters ,

now i have got this letter which is a claim form which also has a admission form ,defence and counterclaim form along with a response pack.

it also mentions the county court in northhampton whcih is really worrying me.

 

i own my own house ,i currently have other debts and i am earning a wage although im still going into my overdraft everysingle month im just about managing to keep food on the table pay the morgage and make sure my son has all he needs to get by day to day .

 

i have buried my head long enough and i need to deal with the issues ,

now i was paying this debt back upuntil about 6-7 months ago but the rate was silly and i just could not sustain it ,so i have defaulted and have not paid a penny since or responded to any of there letters or phone calls .

im really worried about ballifs loosing my home my possesions etc

can some one kindly give me some advise as to what route i need to go down.

id like to step up to the debt and paid it but at this moment in time i just dont have the money at all,

please help

[ims21]

Hi marty

 

Welcome to CAG

 

The guys will be along as soon as they are available to help you with the court claim and how to deal with it. First thing is don't worry, The guys here can help you.

 

Can we just have a little bit more info

 

When did you take the card out?

 

Is Lloyds your main bank?

 

Are there overlimit and late payment fees on the account?

 

Is there PPI on the account.

 

Have you done an Income & Expenditure Statement to show exactly what you can afford to pay?

 

Regards

 

ims

[marty0604]

the credit card is 7-8 years old

lloyds tsb is my current account all my wages bills etc go into my main account

overlimit fees etc i honestly dont know were could i find this info out???

im pritty sure theres no ppi in there as i always turn it down when asked or take the no thanks box

Income & Expenditure Statement no i havent ,im self employed and my wages varie from month to month,

when my wages get paid into my account i can usually paid the morgage food bills etc but then i go into the overdraft which is currently £2000

after i have paid everything off im usually £1500 back into the overdraft

[ims21]

Hi marty

 

Thanks for that....it gives the guys a better picture.

 

Just to let you know, you would find the overlimit/late payments fees on the credit card statements...they will be clearly shown.

 

As I said, people more knowledgable then me on defending the claim will be along as soon as they pick up this thread.

 

Regards

 

ims

[MARTIN3030]

Welcome to the site.

Can you confirm what the claim form says,what is the date of issue,and who it is that has filed the claim ?

What amount they are claiming also.

[marty0604]

the claim form says claimant lloyds tsb and there address in london

underneath that theres a section ADDRESS FOR SENDING DOCUMENTS AND PAYMENTS,which then provides SCM solicitors and there address

 

date of issue 16 jun 2011

amount claimed £8002.13

court fee £190.00

solicitors costs£100.00

total amount £8292.13

[MARTIN3030]

Ok.

So now have 14 days to acknowledge service and unless requesting further time-another 14 for defence.

Are you able to say roughly how much they have added in charges -not just recently-over the last years.

I would not mind betting that it is quite a lot.

Do you have any statements at all for this account-how long are you going back from when the card was taken out ?

Is the whole amount due to the card ?

Ie-they have not added other amounts from other accounts.

Have they issued a default notice for the account ?

If so when ?

I am going to move this to legal forums.

We really need to be getting transaction info.

If this account goes back a few years,then with compound interest reclaim could be worth a lot.

In such a scenario it could give cause to counterclaim.

[marty0604]

Hi martin thanks for taking the time to answer

 

the charges i have no idea ,i have not recieved a statement off them for months ,i will have a good look tommorrow to see if i can dig some out im sure ill have some ,but to be honest with you i have just kinda buried my head in the sand and anything that i have recieved has been ripped up and binned (silly i know).

the whole amount is due on the one account its not linked to anything else .(from what im aware)

default notice yes i do belive so and in reading this latest letter they sent in the particulars of the claim it says "in breaching the agreement the defendant failed to make payment and on the 29/10.10 the claiments issused a default notice pusuant to section 87(i) of the consumer credit act 1974

on the 30/11/10 the claiments did issue a formal demand to the defedant

the claiment therefor claim the balance due under the agrement **8002.13

[MARTIN3030]

Ok thanks Marty.

Its quite easy to bury your head so dont feel bad about that.

Did you make it known to them that there were financial difficulties ?

What communications were there in writing ?

Do you feel they did not take any notice of your circumstances ?

The immediate thing is to deal with the response of the claim form.

I am going to flag this up to the site team.

[marty0604]

i tried to explain to them i was in difficulty ,they did send me a form to fill in to try and get the payments down but by then it was too late my finiances were dire i had nothing in the bank to give them at all.

i was at a low point at that time i was struggling money wise my partner had left me my head was not quite in the game .thus everything just got left and binned and forgotten about

the only thing ive had in writing is demand letters and then collection letters then the default notice and now this claim form .

[dx100uk]

i think a good bit of advice here is to open a bank a/c with someone that s not linked to any of your creditors

and get any money you have/earn paid here, that will stop what i am surprised they have not done already which is off setting.

 

you 'should' be able to access some statements via their internet banking site.

 

if not, you need to sar them now to get them all and get a counter claim for unlawful fees in motion.

 

dx

[marty0604]

the credit card seems to have been removed from my internet banking so im unable to access any online statements

although i have been right through my paper work and managed to find 4-5 months worth of statements ,the last one is the very last time i made a payment please see attached.

i did manage to get the debt down to just below 7k but with me missing many months of statements it seems its all been totted back up to 8k mark

whats my next step please??

Edited June 22, 2011 by marty0604

[dx100uk]

cant read postage stamps:

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

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

[marty0604]

hi sorry ive converted please see attached ,i have also found the default notice which i have attached

Photo0491.pdf

Photo0484.pdf

Photo0485.pdf

Photo0483.pdf

Photo0486.pdf

[marty0604]

and 2 more

Photo0490.pdf

Photo0487.pdf

[marty0604]

anyone?

[MARTIN3030]

Hi Marty-please bear with us.

I think deadline for filing response still gives good movement.-so no panic at this point.

[marty0604]

ow ok thanks just getting twitchy lol

 

but thanks for the reply its really appreciated

[MARTIN3030]

Yes I want to reassure you that you have not been forgotten.

Weekend is looming and so there will be much more availability both from site team,and other members.

 

If anyone is following-feel free to post any thoughts or comments.

[MARTIN3030]

cant see any date on the default notice on last file-can you confirm date ?

[MARTIN3030]

Have downloaded all files so will take a peek tonight.....oops I mean this morning.

[citizenB]

the claim form says claimant lloyds tsb and there address in london

underneath that theres a section ADDRESS FOR SENDING DOCUMENTS AND PAYMENTS,which then provides SCM solicitors and there address

 

date of issue 16 jun 2011

amount claimed £8002.13

court fee £190.00

solicitors costs£100.00

total amount £8292.13

 

If the date of issue was the 16th June the following timeline applies.

 

16th June + 5 days for service (21st June) + 14 days to acknowledge service (5 July) + 14 days to enter a defence - assuming you are going to defend - (19th July).

 

HTH

[MARTIN3030]

Yes I got 5th July too.

[citizenB]

cant see any date on the default notice on last file-can you confirm date ?

 

I can just vaguely see a mention of Payment protection insurance on that DN.. are you sure you didnt have it on the account ? Check a statement if you can, it will show an amount being taken for an insurance under many disguises..

[marty0604]

no there is no mention of pp on the statements .

the only items mentioned are

 

payment recieved from previous balance

payment recieved .thank you

interest

late payment charge