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Bank has preempted my court action and is taking ME to court


m55dlc
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m55dlc - I wish you luck with this claim and hope you win!!! Seems these banks sure know how to make it difficult for themselves?? :D

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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  • 2 weeks later...

And the plot thickens. I'm awaiting for judgement on my counterclaim after their claim was thrown out then out of the blue I get a pre-court questionnaire from Lloyds TSB over a different account, this time telling me that they will file for £490.00

 

Are these people stupid, or do they think they will intimidate me a second time. I've recalculated what they owe me and it is currently over £21,000.00. I am getting default notices removed following my last claim, this time I'm going for the whole lot - warts and all. I've sent them a letter that basically states if I hear anything else about this claim I will counterclaim for the whole amount, and will file a MoneyClaim anyway by the 10th January if not settled in full by that time.

 

My claim is for more than just charges, I've got fraud etc etc (see above). I actually want to go to court, this is not about the money anymore. They've made personal attacks and I will defend, I will also have the last laugh, irrespective of whether I win or loose.

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Retaliatory or stupid? Do they check their records before issuing more inane litigation? If I successfully defended a claim for £2650 less than a month ago, do they actually believe I wouldn't defend a claim for £490?

 

It beggars belief

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I have been reading this thread with great interest - the stupidity of these companies makes me laugh - they of course realise they are wrong and still try to intimidate!!

 

I know you'll defend and win this - so glad you won't back down and let these people have their own way!!

 

Goodluck - have a happy Christmas holiday I am sure you will battle on in the new year!!!

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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  • 3 weeks later...

Right, time for an update:

 

LTSB sent me a nasty letter in December 2006 threatening court action over the £490.00 debt. I phoned Collections in Brighton and informed them of the situation. I said at that time that any moneyclaim filed against me will result in an immediate (10 minutes after receipt) counterclaim for over £21,000 including 3 breaches under the DPA, 3 breaches under the CCA and 1 count of theft, along with tampering with a computer system (not sure if this is just under the DPA or fraud as well). Bloke from LTSB wanted details of all of this, including evidence, but I told him no go. I also told him that I will file a moneyclaim for all of this anyway, when I get judgement on my counterclaim from the last moneyclaim they issued. LTSB has frozen action for a month pending further investigations (and we all know how thoroughly they investigate don't we!).

 

I hadn't received any response from my letter dated 11th December 2006 to Reading County Court asking for judgement on my counterclaim, so I called them on the 5th January 2007. The person I spoke to cited delays over the festive period and that the matter would be dealt with in a week or two. Yesterday I received the following response from the court:

 

'Upon reading a letter from the Defendant(s) dated 11th December 2006

 

WITHOUT NOTICE IT IS COMMENTED AND DIRECTED

 

- Any application for judgement on Counterclaim will have to be on notice, as the DETAILS of any order will have to be specified'

 

Now, if we go back a bit on this saga, I didn't send in any supporting documentation to the courts as LTSB ([problem]) failed to send in their AQ and I effectively won by default. Am I right in assuming the response from the court is an invitation to submit evidence? If this is so, what exactly do I need to send in? I've built up a few pieces from CAG, but a checklist (or pointers) would be greatly appreciated.

 

The saga continues to continue, but my sense of being wronged doesn't diminish

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OMG:o

This thread is better than any Soap. Tracey can kill Charlie..Tom King is still dead, but this is holding my attention much more closely.

I am keeping everything crossed for you and watching with great interest.

dont drop off the site now...we are addicted.

GOOD LUCK.

Jo 'n' Mick.:grin::grin:

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M55DLC

I've been reading all your posts and am dead interested I,m taking the RBOS for a little bit more than you are taking Lloyds, I' like to throw in something to add to your pot.

The oft guide lines state that

1...a creditor should refrain from using one debt collector after the other

2...they have to give you notice that they intend to pass the debt on to a different debt collector,

3..because this amounts to harassment under the Protection from Harassment Act 1997

 

A county court has just awarded a woman £37 :000 for harassment by her mother in law under this Act, worth thinking about that.

 

Sparkie1723

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  • 3 weeks later...

I'm still watching this with interest too as we are in similar circumstances. Though my own claim suffered a setback today as I was led to believe I would be getting judgement by default but now a hearing date has been allocated

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Hi, just wanted to subscribe to this v.interesting thread and say good luck.

Likewise, and good luck with your claim

 

keep us posted!!!!!:)

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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I've had one S.A.R - (Subject Access Request) ignored (Dec 2004) and one partially fulfilled. They have deleted entries from their records - one of which is really dumb as I have a letter from them quoting their entry -

 

Just subscribing, good luck!

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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Just subscribing, very similar case to my own so would like to stay tuned -good luck

TC

LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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I'm only a few steps away from MCOL for 3 accounts too. Watching with interest.

Lloyds TSB (C.Acc) **WON - Fully Settled**

NatWest - £1367.96 - N1 Filed - AQ Compl

Lloyds TSB - Select Loan PPI - £4629.52 - N1 Filed - Settlement rejected

Lloyds TSB Credit Card - £373.48 - N1 Filed

MBNA Credit Card - £791.52 - N1 Filed

Capital One - £746.67 - N1 Filed -** Settlement awaited **

Halifax Credit Card - £836.12 - N1 Filed

Paragon Personal Finance - S.A.R 15/12/2006

Littlewoods - £834.43 - N1 Filed

Barclaycard - £1145.00 - N1 Filed

My Wife:

Natwest Current Account - £1197.98 - N1 Filed at Court

Capital One - £1150.94 - N1 Filed - **Settlement offer rejected **

Littlewoods - £1405.48 - N1 Filed

8-) PROUD TO BE DEALING WITH MY DEBTS! 8-)

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  • 2 weeks later...
Right, time for an update:

 

LTSB sent me a nasty letter in December 2006 threatening court action over the £490.00 debt. I phoned Collections in Brighton and informed them of the situation. I said at that time that any moneyclaim filed against me will result in an immediate (10 minutes after receipt) counterclaim for over £21,000 including 3 breaches under the Data Protection Act, 3 breaches under the CCA and 1 count of theft, along with tampering with a computer system (not sure if this is just under the DPA or fraud as well). Bloke from LTSB wanted details of all of this, including evidence, but I told him no go. I also told him that I will file a moneyclaim for all of this anyway, when I get judgement on my counterclaim from the last moneyclaim they issued. LTSB has frozen action for a month pending further investigations (and we all know how thoroughly they investigate don't we!).

 

I hadn't received any response from my letter dated 11th December 2006 to Reading County Court asking for judgement on my counterclaim, so I called them on the 5th January 2007. The person I spoke to cited delays over the festive period and that the matter would be dealt with in a week or two. Yesterday I received the following response from the court:

 

'Upon reading a letter from the Defendant(s) dated 11th December 2006

 

WITHOUT NOTICE IT IS COMMENTED AND DIRECTED

 

- Any application for judgement on Counterclaim will have to be on notice, as the DETAILS of any order will have to be specified'

 

Now, if we go back a bit on this saga, I didn't send in any supporting documentation to the courts as LTSB ([problem]) failed to send in their AQ and I effectively won by default. Am I right in assuming the response from the court is an invitation to submit evidence? If this is so, what exactly do I need to send in? I've built up a few pieces from CAG, but a checklist (or pointers) would be greatly appreciated.

 

The saga continues to continue, but my sense of being wronged doesn't diminish

 

M55! You're a dark horse! Been posting on my MBNA thread, had no IDEA you had all this going on!! Crikey, I am going to need you I think, if you don't mind!

 

Any update on the situation now?

 

Love, Corn xxx:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Right, time for an update:

 

LTSB sent me a nasty letter in December 2006 threatening court action over the £490.00 debt. I phoned Collections in Brighton and informed them of the situation. I said at that time that any moneyclaim filed against me will result in an immediate (10 minutes after receipt) counterclaim for over £21,000 including 3 breaches under the Data Protection Act, 3 breaches under the CCA and 1 count of theft, along with tampering with a computer system (not sure if this is just under the Data Protection Act or fraud as well). Bloke from LTSB wanted details of all of this, including evidence, but I told him no go. I also told him that I will file a moneyclaim for all of this anyway, when I get judgement on my counterclaim from the last moneyclaim they issued. LTSB has frozen action for a month pending further investigations (and we all know how thoroughly they investigate don't we!).

 

I hadn't received any response from my letter dated 11th December 2006 to Reading County Court asking for judgement on my counterclaim, so I called them on the 5th January 2007. The person I spoke to cited delays over the festive period and that the matter would be dealt with in a week or two. Yesterday I received the following response from the court:

 

'Upon reading a letter from the Defendant(s) dated 11th December 2006

 

WITHOUT NOTICE IT IS COMMENTED AND DIRECTED

 

- Any application for judgement on Counterclaim will have to be on notice, as the DETAILS of any order will have to be specified'

 

Now, if we go back a bit on this saga, I didn't send in any supporting documentation to the courts as LTSB ([problem]) failed to send in their AQ and I effectively won by default. Am I right in assuming the response from the court is an invitation to submit evidence? If this is so, what exactly do I need to send in? I've built up a few pieces from CAG, but a checklist (or pointers) would be greatly appreciated.

 

The saga continues to continue, but my sense of being wronged doesn't diminish

 

M55! You're a dark horse! Been posting on my MBNA thread, had no IDEA you had all this going on!! Crikey, I am going to need you I think, if you don't mind!

 

Any update on the situation now?

 

Love, Corn xxx:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Corn, things have gone quiet. I've got Moorcroft hastling me and an issue with a GE Capital card (taking me to court) and my wranglings with MBNA - so Lloyds TSB are on the back burner. They are threatening to take me to court over £498.00, so - sod it, let them! (I'll go for the whole lot then).

 

Bankfodder was very helpful with the original LTSB stuff, I'm just kicking myself for just getting the default stuff done (that reminds me, I must phone the courts on Monday to see what the hell is going on).

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Corn, things have gone quiet. I've got Moorcroft hastling me and an issue with a GE Capital card (taking me to court) and my wranglings with MBNA - so Lloyds TSB are on the back burner. They are threatening to take me to court over £498.00, so - sod it, let them! (I'll go for the whole lot then).

 

Bankfodder was very helpful with the original LTSB stuff, I'm just kicking myself for just getting the default stuff done (that reminds me, I must phone the courts on Monday to see what the hell is going on).

 

Bloody hell hun, enough going on???!!!! Give us a shout if you need an ear!! Keep us posted xx

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi - had to respond on this - desperately trying to find out how Lloyds (b Horse) managed to take me to court and win (see other thread) with my evidence of their false data and behaviour, and no sight of my counter claim - even a second judge would not look at it so I'm really depressed about it, finding the bill higher now than the orig loan- good luck with this one!!!

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  • 1 month later...

subscribing

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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