oh's lloyds credit card Credit card - Claim Form

[turnedworm]

Good evening.

 

I hope I'm posting this in the correct place so here goes -

 

 

My wife had a Lloyds credit card and got behind on the payments after I had to close my business etc etc.

 

There were various letters from SCM and she didn't reply - I thought they'd end up sending the debt out to Westcot. Anyway last week we had a CCJ claim in the post from Northampton. It gives the usual choices and forms to fill in re. the claim.

 

The total Lloyds are asking for is about £4500.

 

Back in November 2008 she phoned LTSB and asked them to stop taking c.£35-40pcm for the PPI cover. We requested this on a couple of further occasions - ringing the overseas call cente but nothing was ever done by them.

 

The PPI was taken up until mid 2011 until the account was defaulted.

 

The long and the short is that we agree there is a liability to LTSB - but we want them to credit the PPI (+interest) from Nov 2008 up until the default. I also want to look into whether or not the PPI was correctly sold in the first place. I have the telephone number of the LTSB PPI complaint dept - I expect they just act slowly and then reply in the negative suggesting the complaint is then takien on to the Finanacial Ombudsman (?).

 

What I want to know concerns the court papers - should I either 1. Admit to part of the claim, or 2. Make a counter claim to set against the liability?

 

Obviously admiting to part of the claim requires some information and a response from LTSB to get the specific counter amount the form requires.

 

If I make a counter claim then does this hold up the court proceedings until LTSB and the Financial Ombudsman have had their say?

 

Sorry for the long winded question. Any suggestions are most welcome. I have to get the ball rolling by responding by Wednesday - shall do it online.

 

Many thanks

 

Avantime

[ims21]

Thread moved to Legal Issues

[turnedworm]

Many thanks ims21 for moving my post to the correct place!

[ims21]

No probs

 

The more "legal" guys will be along soon

 

ims

[gezwee]

Hi tw

 

Guessing from your previous post you know when to ack claim by.

 

The one question that springs to mind is, do you have all account data to enable calculating PPI + interest for the term?

 

If you can mitigate cost exposure to a minimal sum it may be prudent to consider offering to settle by t/o on your terms for settling any balance.

 

Gez

[turnedworm]

Gezwee.

 

 

I don't have the data for PPI (+interest) for either the full term or Nov'08 onwards.

 

What is the ack claim?

 

Cheers

 

T/worm

[turnedworm]

Sorry - acknowledge!

 

Have to do so by Wednesday. So not so long!

 

 

TW

[gezwee]

Hi tw

 

Acknowledge claim....... aos, acknowledgment of service, ack claim..... all the same, just means you need to acknowledge the claim if you have a defence or partial defence [online I guess as its Northampton], did you receive a login with the claim pack?

 

date of claim + 5 days deemed service + 14 days to acknowledge, gives you another 14 days to enter a defence - 33 days total.

 

Can you post the particulars of claim verbatim [less any identifiers]

 

Gez

[turnedworm]

Above is the Particulars of claim. The Issue date was 16 Mar - hence 21 March is the date of service.

 

Cheers

[gezwee]

Crikey, thats more detailed than they usually manage

 

I'd get a part 31 and 18 pt-legal issues-compilation.pdf served on them asap, along with a SAR to Lloyds........ you could defend as the claim stands but depending on how you want to play it a partial defence on the PPI and accrued interest may sit better with the court. If its a sizeable value it may sit better with you too.

 

Try to get them to agree an extension [part 15] so it gives you time to push for a response to the SAR http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

Gez

[dx100uk]

what about PENALTY charges too?

 

dx

[gezwee]

what about PENALTY charges too?

 

dx

 

What dx said too

 

Start getting some data together to see how best to dispose of the claim

 

Gez