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

[mcuth]

Hi Gaz

 

I'm going through exactly the same thing with LTSB/SC&M at the moment - I filed my defence at the beginning of this week, see my thread here:

http://www.consumeractiongroup.co.uk/forum/general-debt/121774-lloyds-tsb-credit-card.html

 

Cheers

Michael

[gaz2006]

just to say

never had anything back from solicitors before last date I should file defence 

I sent copy of my letter to solicitors & to court with defence which was acknowledged etc

now just had letter from solicitors which said after contacting my clients they have told us to obtain judgement and sent me standing order form got payment .

I fail to see how they can obtain judgement when I'm defending all of claim and they haven't answered any of my questions which you told me to put comments please

[car2403]

The exact thing has happened on another thread - this seems to now be a standard tactic that these Solicitors are employing trying to dupe you in to thinking they've won and start paying! That isn't the case!;

Just follow the advice I've given to Spiritgirl, above, on Monday morning.

What was the Defence that you submitted?

Can you post the wording up please?

Has the Court acknowledged receipt and told you they are serving the claimant with the Defence?

What was the date the Defence was submitted/acknowledged and served on the claimant?

[gaz2006]

Hi

Well thats amazing using the same letter to people and not answering mine at all . 31st dec had letter from court northampton bulk centre acknowledging receipt and stating copy served on plaintiff although I sent copy as well ....

as for my defence I put what you said in your letter ie

The defendent denies all allegations in POC and puts claimant to proof thereof

ie

the defendnet is embarrassed in pleading to this poc as inter alia

poc disclose no legal cause of action

not particularised and do not comply with cpr part 16

poc vague do not disclose adequate statement of facts method of calculating sums etc

No written agreement enclosed on which basis these proceedings brought

no copy of default notice

no copy of formal demand

copy of evidnece of both scope and nature of default

I also pointed out on 22 2 07 iI asked for under section 76 of cca 74 copy of agreement sending my pound receievd nothing . I also said I wrote 1 6 07 . I drew courts attention to fact claimant in default of its obligations under s781 of cca and has no right of atcion until their default by not supplying what i asked for is remedied .

I also asked for default notice copy under s87 1 of cca 74

I havent put in that any default would be invalid as it would include "penalty charges " that i havent claimed at all yet should I start a claim for this what do you think ?

I have suggested to court they consider strike out claim under cpr part 16 if not suggested court asks for full disclosure

I havent put everything I put in down but have shortened it to put main points so how Im doing ?

Regards Gaz

[car2403]

Looks good - just need to confirm that the Court is on the same page as you are, and not being sucked in to their games, tomorrow morning.

Incidentally, I think the time to counterclaim may have passed as you should have done that with your Defence under CPR Part 20;

Quote

20.4 (1)A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2)A defendant may make a counterclaim against a claimant –

(a)without the court's permission if he files it with his defence; or

(b)at any other time with the court's permission.

I suppose you could ask for permission based on the fact you can't counterclaim when entering a Defence because of the lack of information from the Claimant!

[gaz2006]

Thanks I couldnt do anything really without their information but i could start a claim agaisnt them seperate to this re overlimit and other charges though Im hoping they wont as they havent before come with agreement . Should i also do something about default they have entered and info passed to credit agencies etc ? Regards Gaz

[car2403]

Starting a seperate claim at this stage is dodgy, as the Court could consolidate the claims together and hear them both at once.

 

A counterclaim would have been the time to claim against them, for charges and Default removal, but there's nothing stopping you applying for permission later on once they've either provided the documentation you need or failed to do that at all.

 

Just IMHO, of course, as it's your case so it's your call...

 

At the moment, there's no detriment to you to wait to see if they continue to pursue the claim then react at a later date.

[gaz2006]

ok ill bide my time

[spiritgirl59]

Hiya Gaz

 

Have now subscribed to your thread and will watch what happens with interest.

 

As Chris states we are in the same boat in that I received the same letter as you despite filing my Holding Defence and it being received by the court AND served on the Solicitors I actually spoke to the Solicitors on Friday and they said they hadn't received it from me OR the Court but I don't believe them quite frankly!

 

I will be on the phone to court tomorrow morning!

 

Here's a link to my thread :

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81224-spiritgirl-various-dcas-28.html

 

Have a read, at least you know you're not alone and the Solicitors are trying it on with me as well the cheeky bar stewards!

 

Good luck!

Love SG x

[gaz2006]

Cheers spirit girl lets swap notes on whats happening Regards Gaz

[nicklea]

Just a quick reminder, you probably put in your holding defence that you reserve the right to file an updated defence when the bank complies with your CPR request. Well, when you put in an updated defence that's the time to put in the counterclaim as by then you'll have all the information you need.

That's how I did it and the court were quite happy with that.

Regards

nicklea

[car2403]

I can see how that works, but CPR still needs the Courts permission, so it's worth asking rather than having a c/claim struck out for not complying, IMHO.

[gaz2006]

I asked for copy of agrements for debts link pursuing they have come back with for Lloyds credit card

"we are unable to supply copy of agrements however Financial Ombudsman says its not unreasonable to continue reporting a default if its accurate reflection of how account has been paid " They say Information Commissioners Office have said that if a default on credit file accurately reflects the payments on the account then data protection complied with . They also state that the Information Commissioner said " the failure of a creditor to produce a copy fo the signed credit agreement is not on its own evidence that the debt does not exist or that it is not enforceable and shoudl not thereofre appear on credit file . If the credit grantor can supply some other evidence to contradict this then it is proper for the debt to be recorded on yoru credit reference file .

Therefore Link say if an agreement is not enforceable and should not be deleted from my credit file " The payments I made they say are proof an agreement exists . Please fill in personal planner and agree a repayment plan .

My comments are am i right , if they have no agreement they shouldnt pass info onto 3rd parties as they have no authority to do so , if they have no agreement then debt is unenforceable , i may have a claim for damages to my credit for loading a default at credit agencies and as they have no agreement i dont need to agree to payment plan comments please regards Gaz

[gaz2006]

Hi all

Advice please

Solicitors had card claim stayed in 2008 as they couldnt produce copy agreement and default notice etc now they have issued application asking for stay to be removed and summary judgment on grounds " have no prospect of defending "

They admit they dont have original agreement no default notice copy of demand etc but say due to Cary case not needed and regurgitated copy is suitable for judgment against me and they have computer print showing letters went out etc . They also list 3 account numbers saying account changed due to loss of cards etc ( i have no recollection of this )

Whilst I know certified copies of original are okay for s78 requests I didnt think this was okay for proof etc otherwise anyone can make things up ie how do I know t & c were correct interest rate etc ?

 

Advice help etc welcome regards Gaz

[volvo]

I believe it suffices for s78 requests etc but you can still demand production for court hearing

 

VOLVO

[gaz2006]

but how do i demand it do they have to obey or judge take note of my request etc ?

[gaz2006]

Anyone have t & c 1997 for lloyds credit card ? Regards Gaz

[rebel11]

Hi gaz

 

Try Google 'Lloyds Terms and Conditions 1997' then click image see what it throws up.

[gaz2006]

Hi gaz

 

Try Google 'Lloyds Terms and Conditions 1997' then click image see what it throws up.

 

cant find anything there

[rebel11]

How about internet archive, there might be something on there website.

[gaz2006]

ill search for that but dont know that site

[gaz2006]

sorry dont know which site you mean

[rebel11]

http://www.archive.org/

[gaz2006]

i just cant get the site to work get nothing an help out there ?http://www.archive.org/

[ukaviator]

I might have at home on my small portable hard drive, trouble is I am away until Tuesday afternoon.