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

[marty0604]

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

 

sorry if this sounds a daft question but when do i need to start action ???

[Guest]

marty

you'll need to acknowledge (in time) just now online whether you are intending to defend or not.

have you previously done a cca request for a copy of the original agreement on this?

if defending, could consider doing a request under civil procedure rule 31.14 and/or rule 18 for the relevant docs?

did they send you a letter before claim?

is there any missold ppi involved?

imo

[marty0604]

marty

you'll need to acknowledge (in time) just now online whether you are intending to defend or not.

have you previously done a cca request for a copy of the original agreement on this?

if defending, could consider doing a request under civil procedure rule 31.14 and/or rule 18 for the relevant docs?

did they send you a letter before claim?

is there any missold ppi involved?

imo

 

o, not sure if im going to defend or not ,i just dont know what the best route is to go down im really looking for someone to step up and say IF IT WAS ME I WOULD___________

 

i know this sounds silly but i just have no clue on what im going to do ,the letter is sat in front of me right now and i honestly dont know how to deal with it.

i have not sent for the cca form (form wat i understand this is to prove they have my signature isnt it???) and im not sure if they do or not but how can they pursure me if they havnt or am i been nieve there??

 

from what i can work out there is no ppi involved

 

the bottom line is i dont have the money to pay them back ,

 

and i dont know how to deal with the paper work or how things work in general

[Guest]

ok.

if you admit, then can request time to pay via instalments and do the income and expend and offer an amount per month on the form?

or, could make a monthly amount offer direct to claimant to avoid further court action? this may involve a 'consent order'?

if you want to defend, then acknowledge your intention to defend in time.

if you want to defend;

send them a cca request under s78 cca. there is a template on cag library for this.

send them a request under cpr 31.14.

see what they come up with?

also, ask for an extension to the defence deadline.

some links (see the cag 'stickies' and 'blogs' for eg)

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

imo

[marty0604]

so if i defend ,and they come up with all the nessasary paper work theres no chance of been able to pay back monthly ???if thats the case will they expect me to pay back in a full lump sum?

i think i dlike to defend it but if i loose then what ??

[Guest]

if they come up with the correct paperwork, you could still offer a monthly repayment direct before hearing. if they accept, it would prob be subject to a consent order? whereby any default would result in legal action being resumed.

if you do get a forthwith judgement against you following hearing you can still apply to the court for an instalment order ie to pay by instalments.

no guarantees though!

there is also of course the stigma of having a ccj if you lose.

have a read around cag, see how others have faired for eg.

imo

Edited June 25, 2011 by Ford
typo

[marty0604]

right so im going to defend

i have downloaded the cca letter in the libary (does this go to lloyds the address on the claim from??)

also wat do i do with the claim from they have just sent me ,the one that has the admission form counter form etc do i just put that to one side and forget about it for the time bein???

is there anyothere documnets i should be sending them ???

 

the postal order needs to be £1.00 yes and made out to lloyds i presume

[cymruambyth]

If you are going to defend you need to go on line and acknowledge service. Once the claim has been issued you need to send a CPR 31.14 request. This is free and you can request all the documents mentioned in the POC, which will include the agreement. This sticky explains it. http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

[marty0604]

when you say go on line and ackowledge service ,

 

were can i do this ??? i cant seem to find it in my paper work

[cymruambyth]

Was the claim issued through Northampton bulk centre?

[Guest]

Was the claim issued through Northampton bulk centre?

 

think so. (see first post)

[cymruambyth]

That's what I thought but was just checking as they couldn't see how to AOS on line.

[marty0604]

hi guys sorry i have been away working over the past few days so not able to reply

 

the court address is county court bulk centre northhampton? does this make a difference .

still at the stage of not done anything yet .

im still not sure how i go about things ??

how do i process the defence on line ,when i do this do i then send off the caa to lloyds or the courts ???

[AndyOrch]

Hi Marty

 

Because the claim was issued from Northampton you can Acknowledge service on line go to MCOL look on your summons there

will be a user code and also a password.Once registered you can then enter your Acknowledge (beit whatever you have decided to opt for). on line if defending you can also enter this at the right stage.

 

Regards

 

Andy

[marty0604]

right so i have responded to the claim on line and clicked the Acknowledgment of Service.

i have decided to defend ,i have found the link on here to the 31.14 (Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage)

do i send this to scm solicitors??who are lised on the claim form

thanks

[AndyOrch]

Correct

 

Andy

[marty0604]

i have sent the cpr 31.14 request via recorded delivery and its been over 7 days ..

i have had no reply at all?

whats my next step

 

thanks

[AndyOrch]

Hi Marty you will have to have a little patience, litigation moves quite slow, and allow more time for a response.

Keep an eye on your dates in partic your defence date.

 

Andy

[marty0604]

so i have now recieved the following letter.

 

Dear sir

 

Llloydstsb bank plc vs yourself

claim no x x x x x x x x x x

 

we refer to the above matter and in particular your request for documents.

 

due to the amount of requests being made by our clients have asked that an extension of 14 days from the date of this letter is required to disclose the documets requested.

thank you for your assistance on this matter.

 

dated 8th july 2011

 

do i need to do anything more????

my online status shows the following

 

Claim Status

 

 

A claim was issued against you on 16/06/2011

 

Your acknowledgment of service was submitted on 30/06/2011 at 23:08:01

 

Your acknowledgment of service was received on 01/07/2011

 

 

under responce forms i can click continue defence which then brings up the following page

Claim Number: xxxxxxxxxxxx

Defendant: xxxxxxxxxxxxx

 

Please note that a defended claim will be transferred to an appropriate county court to proceed.

Each step is completed by clicking 'Next' at the bottom of the page, which automatically confirms and saves the information you have entered. Any error messages displayed at the top of a page must be corrected before moving on to the next step.

 

Before you can file a defence to the claim against you, you must make sure the following apply in your case:

you are filing your defence within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

 

or

where separate detailed particulars of claim were served, within 14 days of service of those

 

or

if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

 

You don't have to pay a fee to defend a claim. However, you will have to pay a fee if you decide to make a counterclaim against the claimant. If you file a defence electronically through MCOL, do not send a copy by post.

If you experience any difficulties, contact the help desk:

 

whcih then brings me onto a defence particulars page my question is do i need to start filling in any of this info yet?????

[AndyOrch]

HI Marty

 

Because the Claimant is requesting more time to comply you need more time to submit a defence.Therefore you need to request an extension from the claimant

to extend your defence submission. Read this thread (a previous one i have advised on) saves me typing it all out again.:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309473-Advice-needed-on-court-summons-***Discontinued****

 

 

DO not submit a defence at this stage...... get agreement in writing and inform the Court of said extension.

 

Regards

 

Andy

[marty0604]

Hi Andy

 

so do i need to send the solicitors a CPR15.5 or a CPR 18 ???

 

once i recieve a reply from the above requests i then need to inform the court? is this done online or do i have to do this in writing?

 

also when u say do not submit a defence at this stage do you mean do not write anything in the defence particulars page and submit(sorry i think i know the answer to this question but i need to be 100% sure)

also im still not sure on the time line situation.

when i send them an extention letter how much time will i have to submit this to the court .

[AndyOrch]

Hi Andy

 

so do i need to send the solicitors a CPR15.5 Yes or a CPR 18 ??? No

 

once i receive a reply from the above requests i then need to inform the court? is this done on line or do i have to do this in writing? Writing or email/fax

 

also when u say do not submit a defence at this stage do you mean do not write anything in the defence particulars page and submit(sorry i think i know the answer to this question but i need to be 100% sure) Yes

also im still not sure on the time line situation. 33 days from the date on the summons (5 served leaves 28 ( 14 to AoS and a further 14 if defending plus any extension agreed)

when i send them an extension letter how much time will i have to submit this to the court .

Just make sure you get it on before your initial original defence date.

 

Andy

[marty0604]

so im right in thinking i have until the 19th of july to supply the court with the cpr15.5?

 

is there a template for the cpr 15.5 ?

 

if im correct in thinking i need to get the cpr 15.5 to the solicitors and a copy back to the court by the 19th july (today been the 14th july) that dosnt leave me a great deal of time to get all the paper work sorted ?

 

is there a way to speed the cpr15.5 up?

is it worth contacting the solicitors directly for the cpr 15.5 via phone email,,,

if i did contact directly what exactly do i ask for ? do i just simply say my name the ref number and that im requesting a cpr15.5 ???

 

thanks

[citizenB]

so im right in thinking i have until the 19th of july to supply the court with the cpr15.5?

 

is there a template for the cpr 15.5 ?

 

if im correct in thinking i need to get the cpr 15.5 to the solicitors and a copy back to the court by the 19th july (today been the 14th july) that dosnt leave me a great deal of time to get all the paper work sorted ?

 

is there a way to speed the cpr15.5 up?

is it worth contacting the solicitors directly for the cpr 15.5 via phone email,,,

if i did contact directly what exactly do i ask for ? do i just simply say my name the ref number and that im requesting a cpr15.5 ???

 

thanks

 

You will be requesting an extension of up to 28 days by way of CPR15.5. You can telephone the solicitors and ask them to confirm in writing /email or fax. It is your responsibility to contact the court to advise them of any agreed extension.

 

As soon as you have the claimants agreement to the extension, you will need to telephone the court and ask if they will accept notice by way of email/fax but you will need to post a hard copy to them as well. But you must obtain the agreed extension from the solicitors first.

[AndyOrch]

Thanks CB.

 

Andy