Court claim received - Please help

[teddi]

Hi i was referred here by a member of another site for help. I used to have a bank account and credit card with llodys tsb but stopped using it since begining of 2006 (without formally closing account and cancel card) and moved out of that address in April 2006.

 

For these time i did not hear from lloyds or any other agency re: these account and card then beging of Jan 12 got letter from DCA claiming that i owe lloyds credit card for over £5000 and if i dont pay in full by 22 jan they will issue court claim which they did! I was in shocked!!!

 

can someone please help me how to go about and defence myself please i am so worry and i have been trying to get help but i am not getting anywhere and i need to send out defence/respond form by Monday.

 

and here what is say in the Particulars of claim:

'the claimant is the assignee of a debt(s) from lloyds tsb bank plc. Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt(s) remains due. The claimant complied with section III and IV and annex B of the PD Pre-action conduct.

 

and the claimant claims:

credit card account number xxxxxxxxxxxx balance of 5,xxx as of x/x/07 interest under s69 of the county court act 1984 at the rate of 8% a year from x/x/07to x/x/12 of 2,xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 1.15 and cost.

 

 

thank you so much

Edited February 1, 2012 by teddi

[teddi]

... forgot to mention that i've sent a letter (request info under section 7(1) of the data protection act 1998) to their solicitor for them to provide me information/ documents about this credit card (under . I sent it by record delivery yesterday and i will send back respond form tomorrow. Is there anything else i should do now? - thanks

[MandM]

Hi teddi,

 

Looks like they've made a move now to beat the 6 year SB.

 

What is the date on your POC?

 

edit; And is it from Northampton?

 

Mike

[teddi]

Hi Mike thank you for your comment. It said ... credit card account number xxxxxxxxxxxx balance of 5,xxx as of 2/07 . Yes it was from Northampton Court. They said they was assigned by llodys on 07/2011

thanks

Edited February 1, 2012 by teddi

[MandM]

Issue date on Particulars of Claim from the court?

 

M

[teddi]

sorry you mean the issue date - it is 25 jan 2012

[MandM]

That's the one lol.

 

First thing's first. You have 5 days plus 14 days to send your acknowledgement of service from 25/1/12 - so no panic.

 

You then have a further 14 days to submit your defence. In the meantime you need to send off your CPR requests for info.

 

And you need a defence! Was there PPI? Charges? Other issues?

 

Read read read what you can on this site and learn as much as possible if you're going to defend. Plenty of help here.

 

Mike

[MandM]

Some light reading for you. It's a starting point.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

 

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

 

Mike

[Jasper1965]

Who is the claimant?

 

What exactly did you receive from the claimant between 07/07/2011 and date of issue?

[teddi]

thanks Mike! I have just sent out letter request info under section 7(1) of the data protection act 1998 yesterday so should i wait a bit to send out CPR requests or do it now!? I dont know much about PPI i just simply stopped using card (the marrige brokdown so i just left things behind when i moved out). I feel so useless

I have been reading other cases etc and yes i would defend there is no way i owe that much money to them. They also did not send me proof or any statements, anything etc just that here the credit card number and this is how much you owe us and pay now! so depress

[teddi]

Hi Jasper - the claimant is IND ltd. I received letter from IND first week of Jan 12 - they said lloyds has assinged them the outstandings balance for this credit card effective 07 2011 and they demand money to be paid in full. There is attached letter (photo copy) from Llodys dated same with other saying llodys has assinged this matter to Ind and another letter saying if i dont pay by 22 they will issue the court claim

 

so basically i received 1 post from IND before court claim

[MandM]

OK. Well you'll find many on here who have had a messy life. Hence why we ended up here lol. So, many who comment have had same or similar problems at some point. All dealt with in many different ways. You'll get bombarded with questions no doubt and that's a good thing. The more you answer the more you may find out.

 

I believe in sending out CPR early as possible. But again, there's no panic yet so you have a bit of time to think about what you're asking for. As this is in such an early stage it would do no harm to send off a SAR to the original creditor. Maybe one to the new 'owner' of the debt too. It takes upto 40 days to get your response but that'll give you statements etc so you'll have the tools at least to start looking for charges etc which may help your defence (or, at least reduce the amount 'owed').

 

Welcome to CAG by the way. Hang in there, i'm sure you'll get a lot pointers from the good people on here.

 

Mike

[Jasper1965]

Okay so the assignment was perfected prior to commencing litigation that's one thing established.

 

IND are very litigious and quite nasty with it. I suspect they've measured you up as DNR does not respond which makes you a perfect target for an attempt at gaining a default judgment.

 

I notice they're claiming S69 interest for the 4 and a half years they din't even own the account.

 

No point asking if you received a default notice etc. I suppose as you've already told us you moved address in April 2006.

 

I suggest you make a CCA request directly to IND, costs a £1 and could prove useful later.

 

You will need to acknowledge the claim online, choosing "defend all" option.

 

Then you'll need to make IND work for their money.

 

You'll seek some documentation under CPR, some you'll probably need directly from Lloyds but it might prove worthwhile seeking it from IND first.

[teddi]

thanks guys i will write CCA request to IND (tho they want £10 !!!). PS i have already sent £10 admins fee when i sent CCA request to their solicitor, now i guess i dont have to pay another £10 - should i just mention in letter to IND that i have paid their solicitor already? thanks

[PGH7447]

CCA is a £1 send reorded do not sign it, template in the library, the £10 they are on about is for a SAR, no need to send that to them but it maybe worth sending to lloyds, demanding all statementes and any Notice of assignment.

 

IND think that by sending one letter then going straight to court people will panic and settle or ignore, do not let them frighten you.

 

acknowldge the claim and cpr 31.14 to ind or their sols for the relevant docs they have mentioned in the POC, they will then claim they dont need to respond so you send them a CPR31.15

 

also these people monitor the CAG so keep everything close to your chest and dont mention any specific details

[Jasper1965]

has anyone mentioned unlawful penalty charges yet or missold PPI?

 

Then you'll be looking at what charges IND have added themselves.

 

 

I'm a little concerned about this £10 admin fee you mention, could you tell us more about this please?

[teddi]

Hi Jasper it the letter they sent to me before the court paper saying that i can request info but they charge £10 admin fees.

[freddie1981]

They also stated I could have the files they hold on me for £10.

[teddi]

They also stated I could have the files they hold on me for £10.

 

are you dealing with ind too? did you get the files you want?

[freddie1981]

Hi teddie, I haven't requested them from IND. I sent my statute barred letters off to them, just waiting for my court summons now. I will then send my SAR to the bank.

 

I doubt my £10 will be well spent going to IND.

[Kasier]

Hi Guys, im also in the same boat as teddie, with an almost identical letter for court claim, from IND im just about to send a CCA to them too.

[teddi]

Hi Guys, im also in the same boat as teddie, with an almost identical letter for court claim, from IND im just about to send a CCA to them too.

 

Hi Kasier - we can go through this together and compare note

 

I have sent CCA on Monday - If not hear back by monday next week i will send CPR 31.14 . Hope they get back to me and this can be sort out without going to court as i am getting really tired with this!!!

Edited February 3, 2012 by teddi

[Jasper1965]

@ kasier.

 

It would be better if you start your own thread in the legal section, please mention IND in the title.

That's not to say that swapping notes etc. with Teddis case is a bad idea it's just the best way to receive advice particular to your own circumstances as it's unlikely we'll be finding a template defence for Teddi and being totally honest with you I've seen people lose cases they might not have lost because they've fired off internet defences without particularising them to their own circumstances which by extrapolation probably means they didn't understand what they were pleading or why which is like walking into court handcuffed and gagged.

 

If you start a thread then please link to it in here so people can keep in touch and vice versa with Teddi if you could post a "here's my very similar link" in kasiers thread that helps us keep up to speed.

 

Right now Teddi.

Good you've sent the CCA request, you will not be waiting for that to be returned before you hit IND with your requests under CPR (civil procedure rules). there will be two requests made under CPR, I've already got a pretty good idea what you will be asking for but I will not be able to write the requests out for you until late friday or the weekend due to other commitments.

 

You will be asking for documents and asking for information which the claimant must provide. It is likely that you will catch the claimant off guard in responding with these requests, I certainly would be surprised if they return them within the expected time frame (same goes for your CCA expect a "we must refer to the OC" letter). If they fail to respond in time then we must seek an extension. IND like brinksmanship ie they will wait til the last possible moment, we know this in advance and can prepare for it.

 

Can you please confirm that you have acknowledged the claim please? If not can you do it asap but don't enter your defence yet.

 

 

Here's a rough timetable of what you can expect to happen.

 

You will get your CPR issued monday next week by recorded delivery.

IND will likely ignore it and you will get worked up by this. Try to avoid this.

9 days after your CPR is deemed served (17/2) you will issue a reminder again by recorded delivery.

4 days after this (21/2) you will write to them seeking an extension. Again expect them to ignore.

On the 24/02 you might have to telephone them to get them to agree to the extension but any agreement must be backed up in writing (email is fine).

 

You don't file your defence until you have received all the documentation and all the information you seek. (Trust me we will not be making it easy or comfortable for them in your requests).

If they fail to produce anything we should be able to force it through at allocation stage if we're not unreasonable.

 

Access to a scanner would be handy for the CPR responses, as would the ability to use a basic paint program to block out personal information on scanned copies of docs they send out.

 

I suggest that you also send a full data subject access request to Lloyds asking for all information they hold on you. It's a tenner and they get 40 days but it could be money well spent.

[Jasper1965]

Hi Jasper it the letter they sent to me before the court paper saying that i can request info but they charge £10 admin fees.

 

This is not quite what they've averred to in the POC.

 

The principles that should govern the conduct of the parties are that, unless the circumstances make it inappropriate, before starting proceedings the parties should –

(1) exchange sufficient information about the matter to allow them to understand each other's position and make informed decisions about settlement and how to proceed;

 

(2) make appropriate attempts to resolve the matter without starting proceedings, and in particular consider the use of an appropriate form of ADR in order to do so.

 

 

One letter which includes a request for £10 admin fee for the above information hardly constitutes compliance in my book.

[PGH7447]

as requested

 

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court Bulk Centre.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of

Claim: (any documents they mentioned)

 

1. the Notice of Assignment

2. the Default Notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties

extend to making a reasonable and proportionate search for the originals of the documents I have

requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have

mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that

same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs

incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence.

 

Your extension of time must be not less than 14 days from the date when you say you will have

complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

Edited February 3, 2012 by PGH7447