Lloyds Stayed 2008 claimform - Claimant Now Going for SJ ***case discontinued ***

[gaz2006]

Hi can anyone help me please in Feb asked Lloyds TSB for copy of credit agreements sent by recorded letter heard nothing wrote again said they were in default nothing heard . Started to get letters from Sechiari Clark & Mitchell I told them this was unenfoceable debt they ignored it and said proof of debt was sending statements to my address !! They have now issued claim in northampton court for £4725 what do I do .... I have had no copy of agreement so dont know if Lloyds have one or whether its executed properly . I would also point out some but not all of debt made up of penalties etc which I haven made a claim for yet ....The solictors above acting for lloyds are I believe in house ones they dont answer my letters now I have to defend claim what do i put .... do I ask to be struck out as Lloyds havent supplied cca form etc any help would be most appreciated and any guidence what to do Regards Gaz

[dpick]

Hi I am no expert when it comes to having received a claim against yourself but I have read that first thing you need to do is issue a counterclaim re the charges IE amount of Lloyd's claim is incorrect etc you could also ask for copy of agreement under CPR (I think part 18 CPR but am not sure with counterclaim)

 

There will be more knowledgeable peps along to help.

 

all the best dpick

[gaz2006]

Hi Everone can you help me please

in Feb asked Lloyds TSB for copy of credit agreements sent by recorded letter

heard nothing

wrote again said they were in default nothing heard . S

tarted to get letters from Sechiari Clark & Mitchell

I told them this was unenforceable debt

they ignored it and said proof of debt was sending statements to my address !!

They have now issued claim in northampton court for £4725 what do I do ....

I have had no copy of agreement so dont know if Lloyds have one or whether its executed properly .

I would also point out some but not all of debt made up of penalties etc which I haven made a claim for yet ...

.The solicitors above acting for lloyds are I believe in house ones

they dont answer my letters

now I have to defend claim

what do i put ....

do I ask it to be struck out as Lloyds havent supplied cca form etc

any help would be most appreciated and any guidance what to do

Regards Gaz

[pt2537]

Hi Gaz

cool, youve started your own thread, this way we can advise you and monitor how things go, there are a lot of people who monitor this forum so we will make sure you get the help you need

right as previously suggested, you need to send the CPR letter i posted earlier and send it via special delivery as its important we have a record of this document and that they get it ASAP. DO NOT send it by recorded delivery, although its cheaper its also hit and miss when it comes to getting a signature

have you acknowledged service of the claim and stated your intention to defend? when does your defence need to be with the court?

can you also post their particulars of claim from their claim form? it would be helpful to know what tehy are claiming

dont worry, you will get all the help we can give you to help you fight this

regards

paul

[gaz2006]

Hi Paul & Everyone else thanks for help was worried when got summons feel a little better now if people can guide me in right direction . As I said I asked for copy of agremement after sending my £1 cheque received nothing 12 days went and 30 so I wrote saying Lloyds in default and had committed offence still received nothing . Then letters froOm solictors came i repeated same to them they ignored except once said statements showed my liability .....anyway their poc is as follows

"1 By an agreemnet in writing and regulated by the CCA Act 1974 ,The Claimants issue to the defendent a Lloyds TSB Platinum Card , for the purrpose of the Defendent acquiring goods and services on credit .

2 Clause 7 of the agreement provided that the claimants woudl furnish the defendent with a monthly statemnt showing the balance currently due , the minimum payment to be made and the date for payment . If the balance was not paid then provided the defendent made the minimum payment on or before such date the remainder of the balance would remain outstanding and the defendent should pay interest upon it per month in accordacne with claiuses 5 6 and 9 of the agreemnet .

3 In breaching the agreement the defendent failed to make payment and on 22 12 06 the claimants issued a deafault notice pursuant to section 87 (1( of the CCA Act 1974

4 On 12 4 07 the Claimants did issue formal demand to the defendent

5 The claimants therefore claim the balance due under the agreement of £*****

I havent as yet acknowledged service of the summons defence needs to be there in 28 days

From my limited knowledge I have the following questions

As Lloyds havent supplied agrement asked for under cca act they have defaulted and have committed an offence and so it is unenforceable debt ... so solicitors going to court is contray to this isnt it ...... however I do knwo i fthey produce teh agreement then it is enforceable if drawn executed correctly etc so maybe this could be struck out as tehy ahvent produced teh agreement in the first place and tehy woudl then have to go throug process again .

About £600 i smade up of penalty charges etc which I havent claim yet reason is im too damn busy with other claims being stayed etc and trying to get them lifted my fault ....

As default notice includes some penalty illegal charges then the default notice is not valid and should be removed shouldnt it

Never had to be recollection a formal demand

What about the solicitors ignoring my faxed letters I do have copies and fax receipts .

Anyway would like any advice as how to react to summons what should I do ie write letter to solicitors what do I put on reply to summons etc and away to war with Lloyds and their solicitors . Needless to say if I am liable for this debt I havent the money to pay I have over £25000 worth of claims put in or to do go in if I HAD PAYMENT ON ALL MY FINANCES WOUDL BE A LOT BETTER THAN THEY ARE

I look forward to the ideas and strategy you all may help me with

regards Gaz

[car2403]

Hi Gaz,

 

The first thing it to NOT panic - this isn't an easy thing to do, but believe me panicking won't help you initially.

 

Just to reiterate Paul's question - when was the Claim issued? The date of issue will be on the notification you received from the Court - this date is crucial as you have 14 days to admit/Defend/Acknowledge the claim.

 

If you haven't already, you should submit Acknowledgement of Service with an intention to Defend in full - this means you have 28 days from the date of service, which is 5 days after the date of issue of the claim, in which to submit your Defence. (Use the dates on the notification of claim, as I've seen some Courts using 2 days for service!)

 

You also need to send Paul's suggested CPR letter - I would fax it, if you have been given a fax number on the claim form, then send it "Special Delivery" as you're guaranteed to get a signature proving receipt.

 

Once you've done all this, post back and we'll give you the next steps.

[pt2537]

ok cool we know what were playing with, pretty standard SC&M POCs from what ive seen

Quote

I havent as yet acknowledged service of the summons defence needs to be there in 28 days

ok well important that you acknowledge service of the claim and your intention to defend, you should check with the court to make sure your time frames are accurate.

right then, i will try to answer some of your questions

if they produce a properly executed (signed) agreement then it is the case that the debt becomes enforceable, that is true, however it must contain certain prescribed terms to be enforceable by the court. however, until you get the document how can you even consider what you are going to put in your defence

that is why you need to send the CPR letter i posted on the other thread, under the civil procedure rules you have the right to request that they provide you with the documents that they are going to rely upon.

now if thy ignore this we can file a holding defence which says basically you cant defend at this point has the claimant has failed to provide the requested documents and it doesnt look good in the eyes of the judge if they try to frustrate matters

if you can post a copy of the default notice they sent you, removing all the personal details first we can check if its compliant with the Regulations concerning default notices and their content.

without a compliant Default Notice they are not entitled to take this action IMHO

Regards

paul

[sillygirl1]

i would put down "Defendent applied for copy of said agreement on xxx date (copy letter attached as appendix x) and there has been no response from claimants nor claimants solicitors.

 3 In breaching the agreement the defendant failed to make payment and on 22 12 06 the claimants issued a deafault notice pursuant to section 87 (1( of the CCA Act 1974

Claimants are in breach of agreement as original agreement not supplied within stiuplated time to defendant when requested.

 4 On 12 4 07 the Claimants did issue formal demand to the defendent

5 The claimants therefore claim the balance due under the agreI ement of £*****

Defendant states that claimants claim consists largely of unlawful charges on account and no required documentary evidence has been received by defendant.

Somebody else should be along to help but that would be my basis, they are in default and this needs to be brought to the courts attention.

[pt2537]

oops sorry Car i didn't see that you had posted

[gaz2006]

opps apologies should check my typing before I submit i can spell but cant type well .... only received summons friday so havent done anything yet will acknowledge which gives me 28 days and send letter to solicitors as per Pauls ideas and see what happens if nothing received back in time scale what do i do then if they havent and my time for defence runs out As Ive asked for these things and they havent supplied then

I cant put a defence in as requested by the court .... Will look up default notice its filed somewhere and put on line but may take me time my paperwork is in a mess thanks for all your help and comments so far Im up for a battle Regards Gaz

[pt2537]

Hi Gaz

well if they fail to supply the requested information under the civil procedure rules then you cannot submit a fully particularized defence so all you can do is submit what we call a holding defence, dont worry cause we can help you with this

Dont forget to send the letter by Special Delivery, it costs 4.20 for the letter but its a must really. send it to SC&M and wait to see if they send you anything

if they dont they are shooting themselves in the foot

regards

paul

[car2403]

Gaz, are you talking about the original Default Notice that you received or a "copy" you've been provided?

I, personally, wouldn't spend TOO much time TRYING to find the ORIGINAL that was SENT to you - remember, the onus here is on the CREDITOR not YOU to prove THEY have COMPLIED with the regulations. I don't REMEMBER receiving ANY Default Notices in my claims which DOES strengthern MY claim against THEM, so I HAVEN'T spent ANY time doing THEIR work for THEM - instead I've CONCENTRATED on forming my COMPLETE DEFENCE to their actions or bringing THEM to account for NOT complying.

(Oh dear, I've just noticed that I've had CAPS LOCK on while typing some of that out - this WASN'T an attempt to emphasise certain words.. Honestly!)

[gaz2006]

Thanks Car to be honest not sure if I got a default notice or formal demand may have not sure but am having paperwork sort out today

Just to say found letter from first credit which was one of dca to me before solicitors as i said I hadnt had agreemnet from lloyds etc they said " we shall shortly be advising our client of the request . This document will be sent to you as soon as possible " that was in June 2007 i received nothing shortly afterwards 1st credit wrote and said " The account is in the process of being returned to oour client and we will no longer be dealing with this matter " comments does this help my case

[car2403]

It does help your case in that they are still in Default and can't enforce the debt without having found the agreement. Without an agreement, they can't legally Default you, as there is no "agreement" as to how you were to repay the debt so you can't default (small "d") and they can't record a Default against you.

This could get interesting, because presumably they have applied charges and fees to your account - but without an agreement, how can they sure you agreed to pay such charges.

Have you sent a Data Protection Act S.A.R - (Subject Access Request) to them for this account? They are required to provide the original agreement under the Data Protection Act as well, so doing this now may throw up other issues that will help you later in your case;

Send this to the Lloyds TSB Data Controller - you'll find the address here;

www.ico.gov.uk - (there's a problem with the site right now, so you'll get a service application error, but I'm sure it will be fixed soon)

This is all in addition to;

• Acknowledging service - go off and do it now.
• Telling us the ACTUAL date that the Claim form was issued to you - this is crucial, as it may have been in post for a few days depending when it was sent. The Claim form should say something along the lines of "the claim was issued on X and is deemed served on X - you have until X to respond to the Claim". Don't just respond with the date of issue, we will need to know the date of each of these "X's".
• Sending the CPR letter Paul has pointed you towards
• Chilling out and sitting back, without panicking, and making sure you come back and post on your thread if you need help or receive ANY response to anything you've already done

Chin up...

[gaz2006]

Yes They ie Lloyds or the DCA havent sent me a cca agreement I sent the money but they still defaulted me !! As I said Lloyds in house solicitors have now sent summons for the money surely if they cant default me which they did they cant do a summons too which they have as well . I have got list of charges around £600 I think of the debt but I thought if they cant produce agreement then debt unenforceble so its better to have unenforceable debt of £4600 than a debt of £4600 less £600 ie £4000 .... of course they may come up with agreement but if so why didnt lloyds produce it or dca when asked before .... Im glad Ive got some good buddies on here now and will keep you informed as to what goes on Regards Gaz

[car2403]

Well it gets better and better for you then, Gaz, as the charges will automatically make the Default unlawful as it is inaccurate having stated a figure that includes unlawful (which we can prove!) charges - there is caselaw around this that says you don't have to pay, can sue for the value of the Default and claim £1000 in damages as well - take a look at this thread;

http://www.cosumeractiongroup.co.uk/forum/data-protection-default-issues/115630-pricing-default.html

The moral of this story now is that they can find the Agreement and have executed it properly if they want, (secretly, we don't want them to though) but even if they do, you still dispute the account and can sue them on the Default issue in it's own right. You're in the same position I'm in with Barclays, if you want to take a look at my Default removal thread to see whats on the way - in fact, all my Default removal attempts include this issue, so if you get bored or need some light reading you can read them all!

P.S. You still haven't given these crucial dates?;

car2403 said:

• Telling us the ACTUAL date that the Claim form was issued to you - this is crucial, as it may have been in post for a few days depending when it was sent. The Claim form should say something along the lines of "the claim was issued on X and is deemed served on X - you have until X to respond to the Claim". Don't just respond with the date of issue, we will need to know the date of each of these "X's".

[N.P]

Hi gaz2954,

 

I`m just subscribing to your thread with GREAT INTEREST.

 

I CCA`d Lloyds Mastercard around 2 months ago, maybe longer and I am still getting the `you have not paid you monthly payment` letter. I received another one this morning which is the 3rd I`ve had over 3 months. It basically waffles on that I have no Direct Debit set up and I should contact them ASAFP to arrange payment.

 

But, just like you, I have not received any CCA, although I also SAR`d the mofo`s at the same time and I have received my statements and there are a number of charges applied.

 

There is also Payment Protection Insurance which I was paying around £45 a month for, which I beleive you can claim back, so I`ll add that to my defence when needed.

 

Anyway, they are still adding charges on each month, so the alleged debt is getting higher. What a bunch of morons!

 

I`ll keep watching your thread with great interest.

 

Regards

 

 

N.P

[car2403]

They are just hoping that you are like the other 99% of the World, in that you don't understand your legal rights or their obligations - aren't you lucky that you are part of the 1% that DOES understand both and won't let them get away with it... all thanks to CAG, that is!

 

Be prepared for more "nofo-ness"... (I love that phrase!)

[The GodMother]

l hate to sound blonde but what does 'nofo-ness' mean?

[N.P]

Hi there,

 

Yeah, the CAG site is absolutely awsome (that word is so nobbish),

 

I always paid my way through life, and always got ripped off but was affraid to challenge anyone. Now I beleive we have a right to defend ourselves any way we can and the CCA route is a start as it tells them we won`t be taken for a ride any more.

 

So yes, I have to say "Thanks" to the CAG.

 

Regards

 

 

N.P

[car2403]

It was a typo - should have said "mofo-ness" in reply to N.P's mofo's

 

[The GodMother]

oh ty me sounding blonde again.

[gaz2006]

Issue date of summons was 29th November regards Gary

[car2403]

Issue date = 29 November

Date of service = 4 December

Acknowledgement of service required by = 18 December

Defence submission date (after Acknowledging) = 1 January

Are these the dates on that claim form, as I've seen local Court using fewer days for the Date of service?

Did you get the CPR letter off, with confirmed receipt on the Royal Mail website? If so, what date did they receive it?

[gaz2006]

Hi Letter went yesterday friday so will check next week what date they received and let you know regards gary