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

[marty0604]

phoned the solicitor this morning and got told they cannnot email me the documents ,something to do with they dont do it that way?

 

i have requested that it be sent via next day delivery guarnteed ,for which the answer was well we cant guarantee it because were not the post office but i cant try my best.

 

i answered the post office do a guarteed next day delivery service so theres no real excuse as to not get the documents to me ,and her reply was the same .

i also mentioned that if they didnt supply me with it i would have to go to the courts direct and applie for the extention thus having to pay .

which her reply was thats fine.

 

mmmmmmmmmmmmmmm

so now im just going to see what turns up .

is it best to phone the court and make sure that if i recieve the info on the very last day that they will accept it via email?

or should i just pay to get one sorted through the court

 

ps i have the name of the person i spoke to at the solictitors

[citizenB]

I notice in a post above that you say you have a letter from the claimants requesting more time ?

 

I wonder if that would be sufficient evidence for the court ?... Andy........................??

[AndyOrch]

Well if they are requesting more time to disclose then they have to agree to an extension after all they are the Claimant and its their claim.

 

Read here Marty saves me repeating myself

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

 

Regards

 

Andy

[citizenB]

Thanks Andy

[marty0604]

hi thanks for the info guys.

 

im thinking i should wait until monday and see if the cpr 15.5 turns up from the sols.

if not i need to make application direct to the Court

for an extension ??

this will cost me £40 but will force the sols to give the extension ?

 

this will inturn not look very clever for the claimant as they should have provided the info to me as i have requested?

[AndyOrch]

hi thanks for the info guys.

 

im thinking i should wait until monday and see if the cpr 15.5 turns up from the sols. Good move

if not i need to make application direct to the Court

for an extension ?? Correct

this will cost me £40 but will force the sols to give the extension ? They shouldn't need forcing it is a normal procedure they are just frustrating matters

this will inturn not look very clever for the claimant as they should have provided the info to me as i have requested?

(if they have it)

Andy

 

[marty0604]

does seem rather silly haivng they have wrote the letter stating that they needed more time to forfil my request.

 

ill just hang fire until monday and see if something arrives in the post.

if not i will go direct to the courts and do it that way.

if i win the case will ii be able to cliam the £40 back??

also what if i do the request via the courts and then the letter turns up in the post next day ??

[AndyOrch]

does seem rather silly haivng they have wrote the letter stating that they needed more time to forfil my request. Agreed considering the debt is with the OC

ill just hang fire until monday and see if something arrives in the post.

if not i will go direct to the courts and do it that way.

if i win the case will ii be able to cliam the £40 back?? Would it not be worth £40 to dispatch this matter?

also what if i do the request via the courts and then the letter turns up in the post next day ??

Act quickly inform the courts and cancel it.(also cancel payment)

Andy

 

[marty0604]

got a letter today stating there willing to let me have 28 days extra

i rang the court for email addresss etc .

i have submitted the docs to the court via email

but the lady at the court said i need my defence in by TODAY 4PM????

and they might not be able to submit the request ????

 

HELP

[marty0604]

i have sent the documents via fax too as i wasnt getting a bounce back email to confirm they have been sent ...

 

do i need to do anything else???

 

do i need to fill out my defence yet?????? im getting all confused now i thought i had it all straight in my head but today has thrown me big time .

[AndyOrch]

If the court as received your notification then they are able to apply a bar to the defence date.Im at a loss to what she is referring to Marty.

 

You could ring again and hopefully get someone more coherent with procedures?

 

Andy

[marty0604]

i think she got a little mixed up she just kept saying u need to submit your defence by 4pm ,

 

i tryed to explain that im not submitting a defence im just getting an extention .

i did ring them again and just asked for the fax no to submit the letter too and another lady just gave me the number and said please put the case number etc on the fax and that should be fine .

so im hoping theres no problems

[AndyOrch]

Well done.

[marty0604]

i have now recieved a copy of the agreement with t and c's

statements and some other bits and bobs

at the end of the letter they have put the following

 

"our client is willing to try and agree settlement reguarding this matter and we are instructed to advise they are prepared to accept a monthly repayment programme on the balance outstanding.alternatively and on a without prejudice basis,our client would be prepared to accept a lump sum payment in full and final settlement on the amount claimed "...

 

the credit agreement thye have sent me does have my old address on it which has been crosssed out and my current address has been put in next to the old address in the box.(this is my hand writing although i dont recall having to do it)

and under the sign here for your card section it does have my signature along with the date which shows 27/4/04

 

is it me been daft but does it seem strange they are willing to take a lump sum ??? or monthly repayment sceme???

any thoughts?

 

i will post a copy of all they have sent me when i get chance to let people mull over (with all names address ref numbers removed)

 

thanks

[marty0604]

a copy of the docs been sent

Photo0508.pdf

Photo0507.pdf

[gandalfthegrey]

I don't see any prescribed terms? Are they on the back or seperate? What about default notice? I bet you that the DN will be bad - missing an important paragraph regarding OFT debt sheet.

[marty0604]

this was in the letter they sent me see enclosed.

 

they also sent me the 2 previous documents that i have enclosed in a previous post and a shed load of statements .

 

so it seems there holding onto the default notice??? or they dont have a copy off it or they cant prove they sent me a copy ..

 

whats my next move please???

Photo0515.pdf

Photo0510.pdf

[AndyOrch]

There willing to come to an agreement because the paperwork might not cut the cloth in court.Its an application form with none of the prescribed terms

contained within the signatory area or key financial details referred to.

Its quite true that DN are not retained hence their great detail in their reply but they will have to prove its initiation and dispatch date from their internal accounting

statements.

 

Andy

[marty0604]

so whats going to be the best course of action to take???

[AndyOrch]

Mediate ?

[marty0604]

something along the lines of

 

due to correct paper work been in place with ref to this case i offer u the sum of xxx a week or a lump sum of xxxx.

please respond to this request by xx and inform me of your decision .

 

 

is there somesort of template for this ?

writing letters isnt my strong point,id like to get it right so everything is above board.

[AndyOrch]

"our client is willing to try and agree settlement regarding this matter and we are instructed to advise they are prepared to accept a monthly repayment programme (program) on the balance outstanding.alternatively and on a without prejudice basis,our client would be prepared to accept a lump sum payment in full and final settlement "

 

 

 

Hi Marty no templates as such

 

Ok I assume you are not in a position to offer a F&FS and therefore would propose a monthly payment plan.Firstly the figure on the summons is that correct

or does it contain interest or unfair charges or legal fees?

 

Once you have quantified the true figure I would respond along the following lines:-

 

Further to your letter dated xx xx xx and proposal of settlement, I to am mindful in the interest to reduce further costs and to resolve this matter.

Notwithstanding the the quality and lack of prescribed terms contained within your disclosed microfiche copied application form I am willing to propose

a monthly payment of £ xx xx over xx months.

* This proposal would be on the understanding that the debt amount be reduced to £ xxxx.xx inconsideration that it contains £ xx xx interest /charges

and that no further interest be accrued to the debt.

Any default data on credit file registers be marked as satisfied and each party to bear its own costs in this matter.

 

* (delete if not applicable)

 

I await your response in this matter at your earliest convenience.

[marty0604]

hi andy ,i did manage to get the debt to somewere round the 7k mark but couldnt afford the amount every month.

i have alot of staments they sent me ,i know when i was paying off the amount it was working out about £200 or so a month and i just couldnt sustain it.

 

im not sure about any legal fees or unfair charges im guessing that when i missed payments they will have charged me intested on top.

 

do i just go through the statements work out exactly what i spent and offer them a per month sum on that basis???

 

the statements they have sent me is like war and peace so its going to take me sometime to go through the lot.

 

is it the case that i should only account for what i have spent and not add ANY interest on at all .?

 

ps no im not in a position to offer any kind of lump sum not anything over a few hundred pounds anyway .

[AndyOrch]

Easiest way to substantiate a base fig is to either look at the last statement up to default.

That will give you a rough idea the rest will be interest and unfair charges. Then reduce that by any payments made since on a payment plan etc. Ok?

 

Best of luck and hope you resolve it to a satisfactory amount.

 

Regards

 

Andy

[marty0604]

no reply from the letter i sent ,my defence needs to be in by tuesday ..

 

any help please?