Urgent help please. - lloyds court claim

[mattiej]

Hi all,

 

This is my first post and I'll try to keep it simple.

Back in November 2010 payments to LLoyds for 3 credit cards and a large overdraft became impossible. We were offered help from family in the form of a lump sum which LLoyds declined so we then offered a token monthly payment of £30 to be split between all accounts until things improve. They accepted the £30 and we believed this would be split, but to cut a long story short, Wescot informed us that Lloyds don't accept bulk payments and we should've made individual offers of payment to each account. To try to clarify the situation and buy some more time I sent a CCA request to one of the credit cards on 23rd May 2011 but instead of receiving a response I have had a County Court summons. I don't know how to respond but am aware that I need to do something asap before they automatically find against me. We will have more money to pay them in the next few months but what should I do right now? I've read a lot about charging orders and we are worried sick. Thanks for your help.

[rebel11]

Hi matt

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Have you got any Default charges on any of the accounts? Especially the one regards the Summons.

Have you been mis-sold PPI on any of the accounts?

These would help your case as you would have a dispute.

 

When did you receive the summons?

[mattiej]

Thanks for the reply.

 

The summons arrived on Friday so I still have a few days to sort out a response.

 

If by default charges you mean late payment/arrears charges then yes we have those on all the accounts. The late payment charges on this account prior to the reduction in 2007 are only £120 though. The majority of charges were applied after this date.

[rebel11]

O.K. you would be claiming the charges in full, thats the £25, £20 and £12 with interest. You can claim 6 years plus. Were you mis - sold PPI?

 

Heres a Spreadsheet:- http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

[mattiej]

I thought I could only claim for charges over and above the £12 so that those incurred after 2007 weren't included.

Any suggestions regarding how to proceed with the summons?

[rebel11]

The OFT didn't say £12 was fair, they just said that £12 should be a starting point, so they can be reclaimed. It might be an idea to scan and post the summons,

but remove all personal details and ref numbers. One of guys who knows more about these will have a look for you.

[mattiej]

I'll recalculate the fees then. Can I include default charges etc? Does this have any effect on them taking me to court or my response? I'll post the summons asap.

[rebel11]

I'll recalculate the fees then. Can I include default charges etc? Does this have any effect on them taking me to court or my response? I'll post the summons asap.

 

Yep include Default Charges, as I stated one of Site Team can have a look for you.

[mattiej]

Thanks so much for your help so far, feel a bit better straight away just knowing there's advice out there.

[ims21]

Hi Mattie

 

Just to clarify a little.

 

Everything Rebel has said is right.

 

Plus......

 

You said you had 3 credit cards so you need to prepare a spreadsheet for each of the cards as they are 3 claims. You will be claiming the interest from whenever the charge was made right up to the date of your claim. Using compound interest it is surprising how much this will add up to. Don't be put off by the figures.

 

You can go back more than six years...ALL of these charges from whatever date are reclaimable.

 

You thus have an instant counterclaim and you'll need to enter a counterclaim to the summons

 

Did Lloyds issue a summons for all of the debts in one claim?

 

Do you have all of the credit card statements?

 

Was there any ppi on any of the cards?

 

As Rebel says, someone more experienced will be along to advise on the the defence/counterclaim.

 

Hope this helps.

 

ims

[citizenB]

You need to keep an eye on the timeline which will be..

 

Issue date of claim form (top right hand corner under the claim number) + 5 days for service. Then + 14 days to acknowledge receipt of the claim form + 14 days to submit any defence (if you decide you are going to defend the claim against you.

 

If you are going to defend the claim / counter claim then you will need to obtain any information that you might not have.

 

eg statements showing how the balances demanded are made up

Copies of any agreements that they are going to rely on.

Default notices

Letters before Action.

 

Can you please let us know EXACTLY what it says on the claim form (POCs) so we know what information you can request.

[mattiej]

The issue date is 21st June.

The Particulars of Claim state; "1. The Claimants are Bankers whose registered office is ...... 2. By an agreement in writing & regulated by the CCA 1974, the Claimants issued to the Defendant a credit-token, Lloyds TSB Platinum AmEx Card, to aquire goods & services on credit. 3. The agreement provided the Bank to send the Debtor a monthly statement showing (i)balance due (ii)minimum payment (iii)date for payment. If the balance was not paid & if the debtor made the minimum payment, the Debtor should pay interest on the remainder of the balance. 4. In breach of the agreement, the Debtor failed to make payment and on 23/08/20 a Default Notice was issued pursuant to section 87(i) of the Consumer Credit Act 1974. 5. By letter of 21/09/2010 from the Bank to the Debtor, the Bank demanded full repayment but the Debtor has failed to repay the monies due. 6. In the premises, the Debtor is indebted to the Bank in the sum of 5094.84 and the Bank, therefore, claims the balance under the Agreement (agreement number.....).

 

Is this enough information?

[rebel11]

Is that everything that was on the Summons? If so thats fine.

 

The following is just for info for the time being, do read it, but don't do anything with it at the moment, until you receive further help.

 

http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

[mattiej]

Thanks Rebel, that was all that was in the POC section. I will read your link.

[citizenB]

Ok, as far as your timing is concerned.

 

Issue date 21st June 2011 + 5 for service = 26th June + 14 to acknowledge service = 10th July + 14 to submit defence (assuming you are going to defend) = 24th July 2011

 

10th and 24th July are Sundays so you should acknowledge receipt of the claim form on Friday 8th and ensure any defence if you are going that route is submitted by the 22nd.

[citizenB]

The issue date is 21st June.

 

The Particulars of Claim state;

 

"1. The Claimants are Bankers whose registered office is ......

 

2. By an agreement in writing & regulated by the CCA 1974, the Claimants issued to the Defendant a credit-token, Lloyds TSB Platinum AmEx Card, to aquire goods & services on credit.

 

Do you have a copy of this agreement ? If not, you should request it by way of CPR31.14

 

3. The agreement provided the Bank to send the Debtor a monthly statement showing (i)balance due (ii)minimum payment (iii)date for payment. If the balance was not paid & if the debtor made the minimum payment, the Debtor should pay interest on the remainder of the balance.

 

4. In breach of the agreement, the Debtor failed to make payment and on 23/08/20 a Default Notice was issued pursuant to section 87(i) of the Consumer Credit Act 1974.

 

Do you have a copy of this DN ? If not, you need to request a copy of it by way of CPR31.14 (although as these are standard, automated, templated letters it is unlikely a hard copy would have been retained by LTSB)

 

5. By letter of 21/09/2010 from the Bank to the Debtor, the Bank demanded full repayment but the Debtor has failed to repay the monies due.

 

Do you have a copy of this letter ?

 

6. In the premises, the Debtor is indebted to the Bank in the sum of 5094.84 and the Bank, therefore, claims the balance under the Agreement (agreement number.....).

 

Is this enough information?

 

Yep, that should do for starters

 

You will need to request any information that you do not have you will find a CPR31.14 request template in the first post of the link below. Please do read it very carefully and amend it to suit your situation.

 

You can properly request a copy of the

 

Agreement

Default Notice

Demand Letter

Statement of account showing how the amount they have requested has been assessed.

 

If you have a copy of the Default Notice, can you please let us know the date of issue and the date of remedy. Also, did they just ask for the outstanding arrears as at the date of issue or did they demand the full amount.

 

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

[mattiej]

Firstly, to be honest I'm not sure whether I should be defending the claim or not. I haven't got much experience of all this and I'm not sure what my defence would be. I know there are charges to be reclaimed on the account and I know I can't afford to pay the whole lot so my main concern is that i would get a CCJ which would then allow them to apply for charging orders etc.

 

I'll look for the paperwork now but I know I don't have a copy of the agreement so I will have to send the CPR letter. In the meantime should I acknowledge receipt of the claim? I know the budget section etc is to be filled in if I don't defend so not sure how to complete it at this stage.

[citizenB]

I think you can admit some of the claim.. ie that portion which you genuinely owe. TBH, I have no idea how you would go about that. You say there are charges to reclaim. Would that significantly alter the amount of what is being claimed ?

 

You dont have to Acknowledge service until the 10th July.. so take a couple of days to decide what is best for you before committing yourself further.

 

I believe you can make an application for a Time order.. I will try and find some advice on that for you.

[citizenB]

Here you go.. Time orders

 

http://www.consumeractiongroup.co.uk/forum/entry.php?186-Time-Orders-A-guide-for-the-rest-of-us

 

If the link above doesnt work then you will find the information in Sequenci's Debt Blogs which can be linked via my signature

Edited June 29, 2011 by citizenB
spelling

[citizenB]

The OP just has to apply using

form 294

 

Apparently you just have to apply for a Time order using the form linked above.

 

 

[mattiej]

Thank you once again.

 

I have spent the last few days trying to decide what to do for the best but I know I have to respond in the next couple of days so need to make up my mind quickly. The information regarding Time Orders is very interesting and I have a couple of questions. If I apply for a time order do I still have to send the acknowledgement of service and how would I complete that to take the TO application into account? The charges add up to around £1000 so do I acknowledge part of the debt and try and defend that, or acknowledge the whole amount and try to reclaim that at a later date? Surely applying for a TO is an admission of guilt anyway as I am effectively saying yes I owe the money but can I have more time to pay? Does this then affect the ability to reclaim charges? The TO info says forms N1, N9A or N244 need to be completed but CitizenB has posted form 294, could you clarify that please? Obviously the cheaper the application the better as I don't have much spare cash. I also wondered what is the lowest amount I could offer as an installment on the application, as this will definitely be a temporary measure and I will have more income soon but am severely limited right now. I also wondered about sending the CPR letter as I have looked through my paperwork and can't find the relevant documents. If I apply for a TO do I still need to do that? Also wondered what the chances are of the court granting one of these? Loads of questions I know, but I am extremely grateful for all advice given and couldn't do this on my own.

[mattiej]

I know my previous post contained lots of questions but is anybody able to help as I'm starting to panic a bit?