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

[citizenB]

Did you send your letter via Recorded/Special delivery mailing ? If so, check that it has been received on the Royal Mail website. Print off the page if it says it has been delivered and signed for.

 

As a matter of interest, you did send it to the solicitor's address didnt you ?

[marty0604]

Hi yes sent to the correct place and has been delivered ,

i will print off a copy tomorrow .

what do i do about filling a defence ????

[AndyOrch]

Hi Marty

 

Looks like they are dragging this out to see if you submit a defence and hopefully you wont they will attain judgment by default.

Ok first thing Monday ring their Sols and request a response to your letter as your defence is imminent.Dont end the phone call until they either agree:-

 

Settlement to your proposal and are willing to discontinue

or offer further extension to your defence submission.

 

Post up Monday their response and we can deal with from there.

 

Regards

 

Andy

[marty0604]

got a letter through this morning ,

i sent them a letter offering £3000 in installments as this is all i can get my hands on as a family member has offered to help me out as a monthly thing ..

see attached for there responce .(see below cant attach at the min)

 

ive just read through all the documents ive sent and i think i might have messed up with the dates ,there letter granting a 28 day extention was dated the 15th july so i think ive missed the date i needed the defence to be in

although the fax i sent to the court is dated the 19th july ??have i missed the deadline?

 

heres a written upversion of the letter as im having trouble attaching on here

 

dear sir

 

9th august

 

thank u for your letter dated 1st aug in which the contents are noted.

before our clients can agree to a settlement figure we ask how u have arrived at the debt being reduced to 3k ,please send a breakdown of how this figure has been calculated ,

since the debt has been transfered to our clients debt recoveries dept all interest has been frozen

 

we look forward to hearing from you on this matter

[AndyOrch]

Hi Marty

 

Ring Northampton and check whats the deadline for your defence? Once you have this date then speak to the Sols and ask if they are considering your proposal

and in light of this are they in agreement to a further extension? This will clarify what action is needed to be taken.

 

Andy

[marty0604]

defence needs to be in today

 

rang the sols and spoke to the person relevent for my case and she refused to give extention stating that they only give 1 extention

 

now what???

help

[AndyOrch]

Need to submit a defence by 4.00pm then.If only to stop judgment by default.

[marty0604]

could anyone help me with a defence ???

this is not my strong point at all

i presume that i can defend it online

[AndyOrch]

Yes you can submit it on line.You will have to do Little ground work here as I have not got time to go through all the details.

 

Claimant is LLoyds TSB

Pariculars of claim which post number?

Credit Card 8 years old

Claim is £8kish

CCA sent? date? response?

CPR sent? date? response? Agreement and T&Cs no default Notice but statements sent yes?

Offer off settlement from Claimant date ?

Proposal offered Date and details response?

 

 

Andy

[marty0604]

Yes you can submit it on line.You will have to do Little ground work here as I have not got time to go through all the details.

 

Claimant is LLoyds TSB( YES)

Pariculars of claim which post number?NOT SURE WHAT U MEAN BY THIS SORRY

Credit Card 8 years old YES

Claim is £8kish YES

CCA sent? date? response?NO

CPR sent? date? response? Agreement and T&Cs no default Notice but statements sent yes? CPR 31.14 SENT 1ST JULY YES AND YES

Offer off settlement from Claimant date ?21ST JULY

Proposal offered Date and details response? OFFERED 3K OVER 60 MONTHS RESPONCE WAS HOW DO I COME TO THAT FIGURE PLEASE SEND US A BREAKDOWN

 

 

Andy

 

sorry hope this is what you requesting andy thanks

[AndyOrch]

Particulars of claim (whats on the summons word for word) that they are claiming for?

[marty0604]

1.by agreement in writing and regulated by the consumer credit act 1974,the cliamnets issue to the defendant a lloyds tsb platium card,for the purpose of the defendant acquiring goods.services on credit.

2. the agreement proivided that the claiment would furnish the defendant with a monthly statement showing the balances currently due,the min payment to be paid and the date for payment.if the balance was not paid then provided the defendant made the min payment on or before such dat,the remainder of the balance should remain outstanding and the defendant should pay interest upon it per month in accordance with the agreement.

3. in breaching the agreement the defendant failed to make the payment and on 29.10.10 the claiment issued a default notice in pusant to secection 87(i) if the consumer act 1974

4.on the 30/11/10 the cliament did issue a formal demand to the defendant.

5. the claiment therefore claim the balance due under the agreement **8002.13

[AndyOrch]

Ok Marty you will have to bear with me why I draft a short defence.Stay on line in case i need any information

[marty0604]

ok thanks andy i wont go anywere

[AndyOrch]

Defence

 

I Marty the Defendant admit that on or about the xx xxx xxxx was invited by post/leaflet/flyer*delete to enter into an agreement with Lloyds/TSB and which was an agreement regulated by TheConsumer Credit Act 1974 (The Act).

 

The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectively or at all. By way of example theclaimant has failed to confirm the date of Agreement/Account numbers upon whichthe cause of action is based.

 

The Defendant has no recollection of and makes no admissions regarding theprecise purpose of the agreement or of its terms, conditions and otherprovisions or what would constitute a breach thereof. The Defendant denies that the agreement was a properly executed agreement and denies committing a breach thereof.

 

Around xxx xxxxx I suffered financial difficulties being self employed and wrote to all my creditors, withthe help of the CAB to advise of my position etc etc..

 

The claimant claims they issued a Default Notice,pursuant to section 87(1) CCA1974 after in connection with the alleged breach, they dont state the date of issue. It is denied that I have ever received such Notice and are therefore unaware of the amount requested or date required to rectify any breach.

 

It is further pleaded that the claimant issued a final demand on the 30/11/10 again I deny that any such notice was received and request the court to compel the claimant to disclose such notices.

 

The Claimant has not served such notices nor has it pleaded such, therefore the Defendant avers that by virtue of S86D Consumer Credit Act 1974, the Claimant cannot enforce the agreement as matters stand.

 

On the 1st July 2011 after receiving this summons I requested by CPR 31.14 for disclosure of all documentation with regards to their claim.After requesting further time to disclose which I agreed.On the 21st July 2011 the Claimant responded by way of a letter to state the documents furnished and unfurnished and the reasons to why they could not comply with the DN or Final demand.

 

Within this response was also a request and implication that the claimant was willing to mediate and would consider a proposed offer in the interest of further costs.I responded by letter dated xxx xxx xxx making a proposal and Full and final settlement, also agreeing in the interests of further costs.

 

To this date this offer as not been accepted but I am willing to consider mediation in this matter, subject to an affordable payment arrangement.

 

The Claimant disclosed a copy of the purported agreement and Terms and conditions.It is averred that the copy disclosed contained no prescribed terms within the signatory page as per the CCA1974 and was/is therefore unenforceable. The terms and conditions were separate to the agreement with no defined date and lacked any connection to agreement financial or key.

 

It is understood that within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers the incorporation of such claims is penal and unenforceable at law.

 

Further to and in any event, by reason of the matters set out above and the requirements of section 87(1) of the Act, the steps taken by Lloyds/TSB hereof were steps which Lloyds/TSB were not entitled to take in the absence of a Default Notice.

 

In the circumstances the facts and matters set out in the Particulars of Claim does not give rise to an entitlement to claim the amount now sought by the Claimant.

 

I Marty contend that the Claimant’s conduct in issuing this claim is unreasonable and are not willing to negotiate a payment plan in line with my current financial circumstances.

 

It is requested that the court considers a stay in proceedings to allow both parties to narrow their differences.

 

 

 

 

Ok Marty edit to suit fill in any missing details and add /remove to suit.Copy and paste into MCOL and then print your receipt as proof of submission.

 

Regards

 

Andy

Edited August 15, 2011 by Andyorch

[marty0604]

ANDY thank you so very much for your time and effort .

 

i have subbmitted the defence and printed off reciept as you advised .

i premsume i will hear via the postal service from the court as to the out come ..

 

once again thank you very much i dont think (well i know i wouldnt have been able to ) i could have got through this with out you thanks

[AndyOrch]

Hi Marty

 

Ok the court will acknowledge receipt of said defence and the claimant will have 28 days to respond.They will either proceed and you both will have to complete an AQ (Allocation Questionair) this transferes it to your local County Court.

If they dont respond the claim will be stayed with both parties having recourse to start mediation.

Lets see what transpires.

 

Regards

 

Andy

[marty0604]

letter recived this morning

dated 19th august 2011

 

dear sirs ref blah blah blah

 

we are now in reciept of your defence dated 15th aug 2011

 

we also note we are still without responce from you reguarding our letter we sent dated 9th aug,a copy is attached for ease of reference (SEE BOTTOM OF POST)

all documents and explanations reguarding your cpr31.14 request were sent to your address on 21st july 2011

 

our client is of the opinion your defence discloses no resonable grounds for defending the claim and therefore invite you to withdraw and send a reply to our previous letter with proposals of repayment,should we not recieve a responce in the next 14 days we have been instructed to make an application to the court for summary judgement.

we look forward to hearing from u on this matter

 

(this letter relates to me offering the sum of £3000 @£50 per month ,they requested the day before my defence was due in that i send a break down of how i worked this figure out ,i requested an extention to my defence to be able to collect the information of how id worked out that figure, which they refused hence no responce to there letter requesting break down figure)

[citizenB]

This is pretty much standard practice for the likes of SCM and Restons, to advise they will be going for Summary Judgment. IMHO it is a way of rushing through a weak claim and without a proper hearing. They tend to do this with LiPs.

 

They get to see the strength of your defence, without showing their own hand..

[marty0604]

so hows the best way to deal with this letter????

do i write back stating that ive already offered a settlement and they should consider that settlement ???

or do i just let them get on with it and see what comes out in the wash ?

[AndyOrch]

And of course they have proof that the documents have been sent on the 21st July (as if) wait lets if they make application for SJ and we will take it from there.

You have made an offer of settlement they have ignored it as they have with your CPR 31.14.They are desperate for you to withdraw your defence so they can enter judgment by default.Sit tight and you may receive a Notice of Discontinuance shortly.

 

Andy

[consumeredge]

Bump

[citizenB]

Bump

 

Erm, why ??

[AndyOrch]

Erm, why ??

 

Same here CB strange postings????

 

Andy

[jdes26]

Friend or foe????