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


marty0604
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i\ have merged the files to one multipage pdf for you

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right, well you need to go through the WS and rebut any statements made or mitigate them and any such statement is required to be submitted to the court and SCM, 7 days prior to the hearing..

 

Do you have a copy of their Daily logs which show the Default Notice being sent out.

 

29th October was a Friday. If you have a read of the Interpretation Act.. which they actually quote in their statement.. it makes it quite clear on the time for posting. Whilst I disagree that they use 1st class post for sending Default Notices.. unless you have kept the envelope that is a moot point. What is clear though is that according to the Interpretation Act.. 1st class mail is deemed delivered 2nd business/working day AFTER posting. Which means that you would not have received it until the following Tuesday.. 2nd November 2010. They have left their options open.. by not giving a date in their WS statement as to the 14th day.. so unless they actually stated that you were to remedy by the 16th November or later then their DN was not valid by virtue of Harrison v Link and Brandon v Amex.

 

The plain and simple fact is, that without a copy of the original document, they can now actually claim whatever they wish!!

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2036335.html

 

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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hi citizen b

 

i think ill repost there WS as i didnt realise it had transfered that badly its very difficult to read it 100%.

 

i will go through the WS and see what parts i dont agree with and what parts i can work in my favour .

 

is there anything that i should hitting them hard with with ref to there WS.

any of there points that are glaring wrong ???

 

with ref to the objection do i send that as a witness statement from me ?? or just a simple letter that states my objections to there WS.

do i have to send my WS 7 days pri to the court date or just a letter 7 days pri stating that i dont agree with there WS??

thanks

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You would present your rebuttal in the form of a Witness statement and head it..

 

You would head it, Witness statement in response (or rebuttal) and your first paragraph would be something along the lines of...

 

I marty 0604 make this statement in response to the Witness Statement, dated DATE and submitted by the Claimant, LTSB. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise.

You would then list your points in rebuttal but make sure you refer to each paragraph of THEIR witness statement that you are rebutting.. I am sure Andy will be along sometime today with some advice. :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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this is wat i have as a rough idea to my responce ,please feel free to edit add or delete bits,im way out of my league on this and would be very welcoming of input ..

 

there WS points (my reply as follows)

points 3+5

 

the particualrs of the claim are vague .i have no recollection of the precise purpose of the agreement or indeed anypapaer work to back this up from the claiment.

 

point 9

the claiment claims to have issued a default notice ,i have never recieved any paperwork with ref to default notice and was unaware of any breach.

 

point 10 the claiment claims to have tried to contact me on several occasions via phone.i am self employed and my job requires me to be on call 24/7. my house landline number is also my works main telephone line and this number is transfer to my mobile phone after hours 5pm onwards .to claim that my phone was engaged or went to answer machine is not correct and would effect my buisness greatly if i did not answer the phone in and out of hours

 

point 11

no formal /final demand notices were recieved..

 

point 15 on the 1st july 2001 having recieved the summonds ,i then requested the cpr31.14 for disclosure of all docements,having recieved a letter asking for an extention to allow docemnets to be fowarded to myself ,i agreed to the extention to get the matter cleared up .

 

point 16

the offer of £3000 over 60 months was offered to stop further costs and time cinsumer court actions,scm responce which was dated 9th august 2011 did not arrived until my defence was due to be submitted to the court. my defence needed to be submitted by 4pm on the 15th august 2011,

i then proceed to ring scm solicitors to request an extention to allow me time to compile the breakdown of how id come to the £3000 figure i also explained to scm sols that my defence need to be in on that day by 4pm

i was told that the extention would not be possible ,thus i have not responded to there letters requesting the breakdown on figures ..

 

point 17

i have not withdrawn the offer of £3000 OVER 60 MONTHS for full and final settlement ,the offer remains on the table and has not been withdrawn at anytime .

 

point 18

if the extention i requested on the 15th august 2011 would have been granted then i would have forwarded a full breakdown on how id come to that settlement figue.

i had no option but to submit my defence on that date thus i was backed into a corner by not allowing the extention

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Have taken a copy of your post above to work on .. will repost a bit later on this evening.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, I have tidied your WS up a bit.. But I still think it needs some work . You need to speak to andyorch in order to get it knocked further into shape.

Points 3+5

 

The Particulars of Claim are vague and the Defendant is embarrassed by the lack of detail within the Claimants pleadings.

The Defendant is unable to plead in any detail as to the agreement entered into in or around DATE as the Claimant has provided no details or documents within its pleadings or disclosures relating to the aforesaid agreement.

Point 9

the defendant denies having received a copy of any Default Notice and was therefore unaware of any breach.

 

[i have attached below a copy of the Intepretation Act - I think you might find something in there to aid your case] [Also - Just because they say they have recorded a DN - doesnt mean that they did actually send it, that it was sent 1st class post - that it gave the correct amount of time of 14 days and that sufficient postage time was allowed ] [ The Witness statement from the Opposition is misleading. Just putting in the post does not deem service ] [ A Default Notice is a statutory notice unless it is provided correctly in the prescribed format, asking only for those arrears genuinely due, and accurate, if it is incorrect then it becomes a bad notice] Harrison v Link and Brandon v Amex in the Appeal court both judgments are quite clear that Default Notices have to be accurate and allow the clear 14 days to remedy]

Point 10

The Claimant asserts they had tried to make contact on several occasions via telephone. The Defendant is self employed and the nature of employment requires him to be on call 24/7. The defendant’s landline number is also the main business number and this number automatically transfers to a mobile phone after 5pm onwards. To claim that the number the Claimant tried was either constantly engaged or went to answer machine is incorrect and would almost certainly affect my business if I did not answer the phone after hours.

 

Point 11

It is denied that any formal or final demand notices were received.

Point 15

On receipt of the Claim form on 1st July 2010, a CPR31.14 request was made for disclosure of all documents mentioned in the Particular of Claim. The claimant then requested an extension of time in order to comply with that request. I consented to the extension in order to facilitate receipt of those requested documents.

Point 16

An offer of £3,000 to be paid over 60 months was made to the Claimant in a genuine attempt to settle out of court in order to avoid wasting the courts time and further costs to both sides. A response from the Claimant, dated 9th August did not arrive until the date that my defence was due to be submitted, 15th August. The Claimant’s had requested a breakdown of how I had arrived at my offer of £3,000. An extension of time was requested in order to provide that breakdown. The claimant refused. Therefore no response was made to their letter regarding the breakdown of figures and a defence was submitted.

Point 17

The offer of £3,000.00 over 60 months for a full and final settlement was never withdrawn and remains on the table.

 

Point 18

had the extension requested on the 15th August 2011, been allowed, then I could have forwarded a full breakdown of how I had arrived at that figure. However, I was concerned that SCM would obtain a default judgment had I not submitted my defence by the correct time.

 

Interpretation Act

 

. Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

IMHO, without a hard copy of the DN, then you will never be certain that it was a correct one. :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Marty heres an example, obviously the content is of no use to you but the flow and style should assist.

 

 

Witness Statement

 

 

1 This statement is made in opposition to the Claimant’sapplication for summary judgment and by which the Claimant contends I have noreal prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract.

 

3 I deny that I have ever received an effective default notice from the Claimant prior to the contract being terminated.

 

4 At trial I shall contend that under Section 87 of theConsumer Credit Act 1974 (The Act) the creditor must deliver a default noticewhich complies with all of the requirement of Section 88 of the Act and of theConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983before the Claimant will become entitled to terminate the agreement and makeany demand for early payment. It is my case that no default notice whichcomplied in the respects referred to was ever delivered to me by the Claimant.

 

5 The Claimant contends otherwise and in support of itscontention that a compliant default notice was delivered to me reliesexclusively on a screenshot from a “Mida” system that shows the entry XXXXXXXXXNOD

 

6 I understand the claimant claims that NOD stands forNotice of Default.

 

7 The claimant has already admitted in a letter datedxxxxxxx that they are unable to produce a copy of the default notice.

 

8 At trial I will contend that the screenshot is inadequatefor the purpose of demonstrating the Claimant delivered a compliant defaultnotice. Under Section 88 (1) of the Act, for a default notice to be compliantit must be in a prescribed form and specify the nature of the alleged breach;if the breach is capable of remedy, what action is required to remedy it andthe date before which that action is to be taken and if the breach is notcapable of remedy, the sum (if any) required to be paid as compensation for thebreach, and the date before which it is to be paid.

 

9 The screenshot evidences none of these things. TheClaimant has already given notice that it will be unable to give discovery ofthe default notice relied upon. In the absence of production of a copy of thatdefault notice together with evidence from a witness having first handknowledge that the copy so produced was delivered to me, stating the date onwhich and the means by which the default notice was delivered to me, contrastedwith my evidence to the court that a default notice was not delivered to me, Icontend that I have more than reasonable prospects of successfully defendingthe claim against me.

 

10 Moreover, The claimant claims the default notice wassent on the XXXXXXXX and that the default notice if it could be seen by thecourt would show it had allowed XX days for me to rectify any default mentionedin it. Under section 88(2) of the Act, the creditor cannot terminate theagreement or demand earlier payment of any sum due under the agreement beforethe date specified in the default notice. Besides the fact that merely statingthe default notice would have allowed XX days is non-compliant with therequirement of section 88 of the Act owing to the need to specify a date(rather than an interval of time), it is telling in terms of the Claimant’scredibility that if the notice was delivered on the XXXXXX and gave XX days forme to rectify any default mentioned in it as the Claimant appears to contend,that the claimant’s solicitor sent a letter before action on the 14th April 2008 demandingpayment, being just XX days after the claimant claims the default notice wassent.

 

11 The delivery of the letter before action is goodevidence that on or before XX XXXX, the Claimant terminated the agreement.

 

12 In any event, if contrary to my contentions andexpectations, the Claimant should prove at trial that a default notice wasdelivered to me on XXXXXXX the Claimant will be unable to show by reference tothat default notice that it subsequently became entitled to terminate thecontract. If the termination followed on from the delivery of the defaultnotice on XXXXXXX and which gave to me XX days to rectify any default mentionedin it, the termination of the agreement prior to the expiration of the periodgiven to me in the default notice was a termination which did not then entitlethe Claimant to demand earlier repayment.

 

13 withoutprejudice to my main contention set outabove, the claimant now claims without any good or proper explanation, that thevalue of the original claim is incorrect and They therefore request the claimvalue to be amended to £XX XXX XX. Yet they have failed to provide proof of howthis figure has been arrived. The claimant’s solicitor however did provide anAppendix which showed various calculations.

 

14 In the circumstances and in addition to my maincontention, I contend that until such time as the Claimant has established alegal entitlement to earlier payment and given disclosure of material whichunequivocally justifies an entitlement to the sum of money claimed, it isimpossible for the Claimant to show and for the court to determine at the hearingof an application for summary judgment, that I have no reasonable prospect ofshowing at trial that the sum of money claimed (whatever that sum may be) isnot owing to the Claimant.

 

15 The claimant also claims £XX XX in charges. I refutethese are payable. These are default charges levied on the account for allegedlate payments. The court will be aware that these charge types and therecoverability thereof have been judicially declared to be susceptible toassessments of fairness under the Unfair Terms in Consumer ContractsRegulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). Iwill contend at trial that such charges are unfair in their entirety.

 

16 In the circumstances the court is invited to concludethat there are reasonable grounds to suppose that I will be able tosuccessfully defend the Claimant’s claim at trial and that the Claimant’sapplication for summary judgment against me should be dismissed.

 

Date: xx xxx xxxxx

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement aretrue

 

 

Signature

 

Date.

 

Regards

 

Andy

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right this is wat i have so far ,its not great but would welcome any ideas/modifications/things i have missed out that could work in my favour

 

thanks

 

I marty make this statement in response to the Witness Statement, dated 26th October 2011 and submitted by the Claimant,Lloyds tsb bank PLC.

The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise.

 

 

Witness Statement

 

 

1.

This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2.

The particulars of the claim are vague and the defendant is embarrassed by the lack of detail within the claimant’s pleadings.

The Defendant is unable to plead in any detail as to the agreement entered into in or around 2004 as the claimant has provided no details or documents within its pleadings or disclosures relating to the aforesaid agreement.

 

3.

The defendant denies having received a copy of any default notice and was therefore unaware of any breach, The witness statement from the opposition is misleading, just putting the default notice in the post does not deem as service.

 

4.

The claimant asserts that they tried to make contact on several occasions via telephone. The defendant is self employed the nature of the defendants employment also requires him to be on call 24 hours a day seven days a week.

The defendant’s landline number is also the business phone number and the number is transferred to the defendant’s mobile phone from 5pm onwards.

To claim that the number the claimant tried was either constantly engaged or went to an answering machine is incorrect and would almost certainly affect my business if I did not answer the phone in or indeed out of normal working hours.

 

5.

It is denied that any formal or final demand notices were received.

 

6.

On receipt of the claim form on 1st July 2010, a CPR31.14 request was made for disclosure of all documents mentioned in the particulars of claim, the claimant that requested an extension of time in order to comply with that request. I consented to the extension in order to facilitate receipt of those requested documents.

 

7.

An offer of £3,000 to be paid over 60 months was made to the claimant in a genuine attempt to settle out of court in order to avoid wasting the courts time and further costs to both sides. A response from the claimant, dated 9th August 2011 did not arrive until the date that my defence was due to be submitted, 15 August.

The claimants had requested a breakdown of how I had arrived at the offer of £3,000. An extension of time was requested in order to provide that breakdown.

The claimant refused this request, therefore no response was made to their letter regarding the breakdown of figures and a defence was submitted.

 

8.

The offer of £3,000 over 60 months for a full and final settlement was never withdrawn, this offer is still available to stop further costs to both sides and stop wasting the courts time.

 

 

 

9.

Had the extension requested on the 15th August 2011, been allowed, then I could have forwarded a full breakdown of how I had arrived at that figure, However I was concerned that the claimant would obtain a default judgement had the defendant not submitted a defence by the correct time and date.

 

10.

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’ s application for summary judgment against me should be dismissed.

 

Date: 12th December 2011

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement is true

 

signed

Edited by marty0604
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Hi Marty

 

imo you need to re-read what you have stated in all your previous posts, Lloyds TSB no doubt have positively identified you, and in all probability will have followed your thread.

 

On receipt of the summons the claimant agreed to an extension of 28 days, you then asked for another 28 days on the day you were required to submit your defence 15th August 2011.The claimant refused this.

 

It is no defence to submit had the claimant allowed this then you could have forwarded a full breakdown of how you had arrived at that figure.

 

Essentially, when the claimant issued his summons for £8002.00 you replied on the 1st August you would offer £3,000 at £50 per month to avoid further costs and waste court time, By all accounts you still have not prepared any evidence or a statement of how you arrived at that figure or how you would pay by instalments other than that a family member offered to help you out as a monthly thing.

 

To now state you have a retail business on a busy high street?

 

The claimant’s solicitors could seek an order you file and serve your trading accounts.

 

I would never advocate anyone lie in court, if you sign and submit the witness statement you should be aware if the facts contained are knowingly false you are liable to be charged with contempt of court.

 

 

21st June 2011

Hi I’m 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 worth £8000.Ive had number of phone calls off Lloyds TSB and a few letters.

 

 

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

 

I was paying this debt back up until 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 their letters or phone calls

 

The credit card is 7-8 years old

 

Lloyds TSB is my current account, all my wages bills etc go into my main account

 

 

When my wages get paid into my account I can usually paid the mortgage food bills etc but then I go into

the overdraft which is currently £2000 after I have paid everything off I’m usually £1500 back into the overdraft

 

I have not received a statement off them for months ,I will have a good look tomorrow to see if I can dig some out I’m 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 received has been ripped up and binned

 

 

The whole amount is due on the one account its not linked to anything else.

 

Default Notice yes I do believe 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 claimants issued a default notice pursuant to section 87(i) of the consumer credit act 1974

 

 

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 finances 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.

 

The only thing I’ve had in writing is demand letters and then collection letters then the default notice and now this claim form .

 

12 December 2011

  • The claimant asserts that they tried to make contact on several occasions via telephone. The defendant is self employed and runs a small retail shop on a busy high street, the nature of the defendants employment also requires him to be on call 24 hours a day seven days a week.
  • The defendant’s landline number is also the main retail shop business phone number and the number is transferred to the defendant’s mobile phone from 5pm onwards.
  • To claim that the number the claimant tried was either constantly engaged or went to an answering machine is incorrect and would almost certainly affect my business if I did not answer the phone in or indeed out of normal working hours.
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i have edit the post

 

i have bank statements to show i earn what i said i earn ,the statements also show that each month i do go into the red after i have paid all my bills debt etc.

 

i also use an accountant who can prove my earnings .

 

the 3k was offered just to try and avoid the courts it was and still is been offered by a family member who is prepared to pay the monthly installment for me otherwise i would not be able to pay it .

im not trying to pull the wool over anybodys eyes im just wanting to sort the mess out and move on ,but im not fantastic at all the legal lingo and how best to put things in words .

thanks for the reply consumeredge its exactly what i was looking for not to fall into any big holes that i cant get out of .

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This debt surrounds the Lloyds TSB credit card, you've stated you only have a Lloyds TSB current account with an overdraft facility of £2K, they will seek to have your defence struck out at the SJ, one of the lines you put was this...

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

Did you edit to suit or simply copy and paste the whole defence?

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This debt surrounds the Lloyds TSB credit card, you've stated you only have a Lloyds TSB current account with an overdraft facility of £2K, they will seek to have your defence struck out at the SJ, one of the lines you put was this...

 

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

 

Did you edit to suit or simply copy and paste the whole defence?

 

 

i do only have a lloyds tsb current account??? the account is my only current account this is always in the red i have the statements to prove this is the case?

i pay myself a wage each month but again this never clears the overdraft .

my wages from been self employed are topped up by tax credits etc .

the defence was rather rushed due to time been on the limited side so andy helped me out on that side of things and thats what got submitted .

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  • 2 weeks later...

Hi marty

 

You do need to attend court on the 23rd , this is for the summary judgment hearing , you will

need to take all your files on the case with you, and be prepared to put your case

forward to the DJ , you will be asked to give your side using your WS and defence

It will be in a small room with just yourself and SCM solicitor and the DJ .

 

Dress smart and be on time .

 

Good Luck x

Tonks

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I hope all went well, Marty!

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  • 4 weeks later...

hi sorry about the late replys on this ive been unable to access the net for a while..

unfortunaly it didnt go my way .

i lost and have to pay back the full amount plus there cost which peaks it towards the 9k mark .

i have offered to pay them back £40 permonth until the amount is cleared and they have wrote back asking for a breakdown of my income exspenses etc.

so thats were i am ..

 

on the day of the hearing the judge didnt have a copy of my witness statement at all (whcih wasnt a great start) even though i sent it recoreded delivery next day service b4 1pm

and then before i even got into the court there sol was waiting in the waiting area ,and asked if id like to go for a quick chat in a small room,were she pulled out a buynch of paper work with everysingle post of mine off this forum,she asked me if it was me in these post i declined to answer she replaied that if i answer her then she wont bring them up in court .again i declined to answer .

once we entered the room she brought it up for the judge to see he then asked me if it was me i asked for time to be able to read through and reply(thinking i might get a week or so to get my head round it lol) well he gave me 15 mins and obviosuly it was my post and all u guys replys .

 

long story short the judge was a bit of a dinasaur and wasnt really interested in anything i had to say .it was something along the lines off do u think lloyds tsb would make u sign a document without making u aware of all the terms and conditions ,(it was like no matter what i said lloyds were gonna come out smelling of roses)

 

so to end dont post anything on here u dont want the opposition to see hope and pray u get a decent judge that dosnt reside in the dark ages and smile be polite and let the sh!t hit the fan.

 

just on a small note there solicitor was superb really nice lady when not working ,i know she read's these forums so hello to her

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I am not certain why they think there is any value in printing off posts from these forums. Unless there is any discrepancy in what was said on here and what was said in your Witness statement. Did you not take a spare copy of your WS JIC..

 

Have you since checked on line that your WS was delivered to the court on time. Recorded is not a next day delivery.. Special Delivery is.

 

Having said that, I am truly sorry you lost.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am not certain why they think there is any value in printing off posts from these forums. ...............Having said that, I am truly sorry you lost.

 

quite. it speaks volumes that a major 'banker' :) has the need to look in on cag as such! hello loyds!

 

marty, what weight/reliance did the J give to your posts?

Edited by Ford

IMO

:-):rant:

 

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