Marlin/Restons Claim form LLoyds Current Account 'debt' - ***Claim Discontinued***

[new-me2010]

Two things today

 

1. My head is in a whirl, cannot focus on the defence form have raging abscess and on high dose antibiotics and painkillers and it has to be received by them next tuesday.

 

2, SAR to SCM. This was received in Brighton at their offices but its been sent to Lloyds at Andover and received this reply this morning

 

I then rang SCM and they say they they are part of the Lloyds banking group.

 

When I sent in my SAR last October I asked for everything they had with me and they had supposedly sent it. I have all their dealings with debt companies but nothing from SCM,

 

Oh and the best part is they are going to send me everything that I already have and they are stareting the 40 days again

 

How the hell was I supposed to know that SCM was just Lloyds in disguise?

[citizenB]

SCM are in house counsel for LTSB

[new-me2010]

Could someone give me a hand with my defense please ?

[dx100uk]

have you sent the current account cpr 31:14 to scm yet?

 

dx

[dx100uk]

opps if the claim was issued 12th feb

 

you had 33 days[inc 12th] to file ... you've missed it?

[new-me2010]

I've counted 33 days from 13th as feb has 28 days.

 

Haven't sent them in, doing it now, I've counted 33 days from 13th day after issue.

 

The only documentation that is on the claim form says contract between me and Lloyds tsb. so that is all I can ask for.

 

Is this ok? I have tweaked the overdraft letter

 

Dear Sir or Madam,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On 14th February 2014 I received the Claim Form in this case issued by you out of the Northampton CCBC Court

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim 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 the document mentioned in your Particulars of Claim:

 

1: The agreement/ overdraft Facility confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

 

3. Notice of Assignment

You should ensure compliance with your CPR 31 duties and ensure that the document 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 as required under CPR15.5.

 

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.

 

Yours faithfully

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

I have been panicing getting all my letters and things into order .............................. not thinking or taking things in

 

Now need writing head on to write defence

[new-me2010]

Is there anyone around to read this letter.

[dx100uk]

I would sent the cpr as it was.

 

matters not things requested might not directly apply to their poc

 

their poc implies they rely upon them.

 

your 33 days starts from the 12 [that is day 1]

[new-me2010]

Do I write in plain English defence or do I have to do legalese. It will be there Monday morning which is nearest day to 35

 

How much detail should I put.

Lloyds knew I was in difficulty, there are numerous pleas from me to up the overdraft and they wouldn't

 

I was very ill, mentally tried exit strategies then had death threats not nice walking around looking over shoulders. all documented

 

Oh found another letter from Lloyds about having no correspondence on files .

 

Default date on this account is 6 months out. have deduced that they asked for repayment in Late April 2008

 

£1100 + in charges

 

Do i add about agencies and the discount letters?

[z4thras]

i am going through same with SCM/LLOYDS would defiantly put in a CPR31 request, and would add to your defense you would like permission from the court to amend your defense when the claimant provides the documentation requested under CPR31

[new-me2010]

I need some hand holding please ?

[new-me2010]

Defence received in Northampton yesterday.

 

I know it arrived as I delivered it myself.

[AndyOrch]

How come you didnt submit it on line ...lot easier and cheaper and secure?

 

Regards

 

Andy

[new-me2010]

I didn't realise I could have. I was in a bad place

 

I did ask for a little help on here on Friday and no one replied, so I rang a good friend in tears Saturday and we spent Sunday trrying to do something

 

C'est ;la vie

 

 

 

 

 

.

[new-me2010]

I am wondering if I get a reply on this part of the forum.

 

Have heard nothing from the Court as yet but I am getting my paperwork up to date on many things.

 

Lloyds have sent me a letter withdate for formal demand on this account as December 2008

 

I have a copy of the follow up to a formal demand in June 2008, SCM's system does not show this letter as it

conveniently goes back to 23rd june 2008 and they say that they have nothing else as the bank generates the letters

and they have no copies.

 

DSAR dept at Lloyds say that they have no letters or confirmation as they get everything from SCM.

 

Should I get letters from both of them stating they no longer have them details just to be on the safe side and I have to go to court?

[AndyOrch]

If your thread is here in the Financial legal forum and you post here why would you not get a reply?

[new-me2010]

It was in here, and I asked for help. was panicing.

 

So sorry andy.

 

Where should I go with the letters then?

[AndyOrch]

Im not sure I follow...what do you mean?.....You have submitted your defence...nothing else to do now until they respond to your defence.

[new-me2010]

Yes I have. There is a hole in the paper trail and I'm trying to close it.

 

If you would be so kind as to look at the PDF with this thread at the 2nd letter on it from SCM and give opinion as to that being

enough to caver things reference to 6 years.

[AndyOrch]

Depends when you last made a deposit...Lloyds letter April 2008 SCM dated June 2008 and what date was on their Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 ?

[new-me2010]

The last deposit was November 2007

 

Its the formal demand in May 2008 that I am missing which SCM refer to in the letter of June 3 2008

[AndyOrch]

So it would not have become Statute Barred until early 2015.

 

The formal demand is the Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 ...

you can push for disclosure when (if) they have decide to proceed with the claim..this comes at Standard Disclosure.

[BRIGADIER2JCS]

The last deposit was November 2007

 

Its the formal demand in May 2008 that I am missing which SCM refer to in the letter of June 3 2008

 

 

Formal Demand May 2008 start of 6 year clock ? therefore SB May 2014? If no further transactions or written acknowledgment was made?

[AndyOrch]

But if your last deposit was Nov 07 then technically it was statute barred Nov 2013...as they issued the claim in Feb 2014.Their letter states that a formal demand was issued in May 2008 (6 months after last deposit).....this stops the debt becoming Statute Barred if true...if they can prove it?

 

Andy

[BRIGADIER2JCS]

Debt Collection Letters and "demands for payment" are not considered relevant contact" I think. Starting a court claim is.