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

[Old Cogger]

wonder?

[jdes26]

Defo dodgey post!!!!!

[blondie 27]

any updates Marty?

[marty0604]

no updates as such.

i did recieve another letter a few weeks back just restating that they would be going for the SJ and that i had 7 days to respond ..

 

i never responded and havent heared any thing since at all .

[Andyorch]

What date was the hearing? You probably have a CCJ then now if you didn't object within 7 days.

 

Andy

[marty0604]

the letter was from scm solicitors and was dated the 6th sept 2011

 

and read as follows

dear sirs ref lloyds tsb vs yourself claim no etc etc

 

we still have not recieved a responce to our letter dated the 9th august 2011 a copy is attatched for ease of reference.

please respond with in the next 7 days ,should we not recieve a breakdown of how you arrived at the settlement figure of £3000 we will make an application to the court for summary judgment .

we look forward to hearing from you reguarding this matter

 

yours faithfully scm solicitors

[Andyorch]

I assume you have not received any notification from the Court of an application for SJ? Post up if and when a soon as you do Marty.

 

Andy

[marty0604]

Andy no i have not recieved anything

been very quite i dont know if thats a good or a bad sign?

[Andyorch]

Perhaps a call to the Court tomorrow then just to check the status and that they have made no applications. Just to put your mind at ease.

 

Andy

[marty0604]

just rang the court and asked the question as to the status of the case.

 

the case is a "A STAY NOW"

 

he said the best thing to do would probably wait and see what happens or i could ring the sols and ask them to clarify if they were disconting the clam.

 

any advice?

[Andyorch]

Ok Marty so they threatened SJ on the 6th Sept, ample time to have followed it through.They are waiting on you to expand how you arrived at the proposed figure of settlement £3K, do you want to expand Marty or is that just a gut figure you thought they would accept?

 

Andy

[marty0604]

the figure is based on what i could afford to pay at a push per month.

[Andyorch]

Ok as the claim is stayed then see what transpires and if they do make application.In the meantime you could try further mediation with them in attempt to consent and discontinue.

 

Andy

[marty0604]

quick update

letter from northampton court

reads as follows

 

to all parties

this claim has been transfered to the (LOCAL COUNTY COURT) for that court to deal with the claiment's application to lift the stay and there be a summary judgment.

 

the court will refer the application to a judge or if there is to be a hearing,will send you and the other parties notice of the time date and place of hearing.

you will be sent a copy of the judges decision.

all further communication should be addressed to :

(LOCAL COUNTY COURT)

 

 

 

question is what is the likleyhood that the court will go ahead and make a summary judment??

how do i play this just let the local court do there thing and see what happens????

[Tonka99]

Marty

 

**** have applied to have the stay lifted , the DJ will have to decide on the grounds of why the stay was put forward

and if they **** have played fair with CPR ect , if the DJ thinks it proper to lift it will mean that you will have to do a witness statement and go to court to fight your corner , Andy will be able to advise if there is anything you can do in the mean time.

I have been watching your thread and wish you luck x

[citizenB]

Andy should be back on the 9th November. You might want to start putting a witness statement as to why the SJ should not be permitted and that it should go to a proper hearing.

 

**** and Restons are very keen to have two bites of the cherry by going for SJs..

[blondie 27]

Hi Marty,

 

Have you started your witness statement or are you going to settle?

 

I have similar going on with HSBC maybe i should start a thread too?

 

Just trying to read through all the different storys and outcomes its very overwelming!!!

 

I shall watch yours with interest

[marty0604]

update

 

letter in the post 22 nov 2011

 

reads as follows

 

take notice that the hearing will take place on

23 december 2011 at _______am

 

at LOCAL county court_

when you should attend

1 hour 30 mins has been allowed for the hearing

please note the case maybe released to another judge,possibly a different court..

 

 

 

nice little present for me before christmas

im guessing that i will have to attend and state why i should not be paying this moneys back to lloyds?

 

has anyone been through this before and can give me a heads up on what goes on and how i should go about defending it?

thanks for the help

[Andyorch]

Hi Marty

 

Ok the claim as been transfered to your local CC, the stay as been lifted and most possibly they have made application for SJ.

23rd Dec so you have time on your side.You need a copy of any application made( some copy you some done but it is considered civil)

If you are not copied and they have made application you need a copy and a copy of any WS if its separate.

You then need to prepare as CB advised, your own WS to oppose their application, and as to why the claim should proceed to trial.

 

Regards

 

Andy

[marty0604]

right ok

 

so were can i obtain the copy of the application made??? the court or the sols???

 

 

If you are not copied and they have made application you need a copy and a copy of any WS if its separate.

You then need to prepare as CB advised, your own WS to oppose their application, and as to why the claim should proceed to trial.

 

 

not sure what this bit means sorry?

 

as it stands is this looking very bad for me??

[Andyorch]

right ok

 

so were can i obtain the copy of the application made??? the court or the sols??? Either as long as you get a copy as you should have been copied anyway (a copy of the application N244 & any Witness statement in support of (if they have made one)

 

 

If you are not copied and they have made application you need a copy and a copy of any WS if its separate.

You then need to prepare as CB advised, your own WS to oppose their application, and as to why the claim should proceed to trial.

 

 

not sure what this bit means sorry? You have to prepare a Witness Statement to oppose their application this must be submitted to the Claimant not less than 7 days pre hearing.

 

as it stands is this looking very bad for me??

Not if you oppose it and follow the above.

 

 

Regards

 

Andy

[marty0604]

so i need to send a letter to there sols requesting a N244 and any witness statements.

 

once i recieve this do i then send them my witness statement stateing the reasons why i disagree ??

or do i send my witness statement to the court???

 

sorry for the questions im just a little bit confused with all the procedures i need to get my head round

 

thanks

[Andyorch]

so i need to send a letter to there sols requesting a N244 and any witness statements. Sols or Court just get a copy

 

once i recieve this do i then send them my witness statement stateing the reasons why i disagree ?? Objections yes, to the Claimant not less than 7 days pre

or do i send my witness statement to the court???

 

sorry for the questions im just a little bit confused with all the procedures i need to get my head round

 

thanks

 

 

Andy

[marty0604]

so i have drafted the following letter to the sols

 

would this be acceptable ???

 

thanks

 

SCM SOLICITORS

DEPARTMENT CDR

PO BOX 499

SECOND FLOOR

THREE CITY PARK

THE DROVEWAY,HOVE

EAST SUSSEX

BN3 7AU

　

28th November 2011

　

YOUR REF :????????????

Dear sir,

LLOYDS TSB BANK PLC -v- Me

Claim Number : ?????????

Please could you forward me the copy of the application N244 and any witness statements

in support of.

　

Many thanks

　

me

 

 

[Andyorch]

Or alternatively just a quick phone call to their Sols or the Court, saves a stamp!

 

Andy