1st credit claimform - LLOyds card - Defended, DQ/Mediation help

[69Eyes]

K, will do. Ta once again.

[AndyOrch]

Update your thread tomorrow on how matters transpired.

 

Andy

[69Eyes]

Will do. FWIW, they break down the additonal costs like this:

 

£170.00 – interest - date of assignment to date of issue of the claim

£150.96 - interest - issue of the claim until date when Tomlin Order agreed

£80.00 - fixed costs Claim

£185.00 - claim issue fee

£335.00 - hearing fee

[AndyOrch]

Particulars of claim

 

Their particulars on the claim formicon are:

The claimant claims the sum of xxxx for debt + interest. On xx/xx/xxxx the defendant entered into an agreement with Lloyds Bank plc for a credit card under reference xxxxxxxxxxxx. On xx/xx/xxxx defendant defaulted on the agreement with outstanding balance of xxx. On xx/xx/xx the debt of xxx was assigned to 1st credit (Finance) Ltd. Notice of Assignment was sent to the defendant in accordance with s136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS

 

1. The sum of xxxx

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of xx% per annum from xx/xx/xx to xx/xx/xx 91.40 and thereafter at a daily rate of 0.68 until judgment or sooner payment.

 

 

As you can see no interest as been adjudged by a court and therefore is only discretionary ...your Tomlin Should consist only of the debt amount/the court fee/Sol fee/hearing fee (as its too late now for the claimant to request a refund)

[69Eyes]

Ta. I saw your update, from the courthouse, on my mobile. I wasn't sure what to do at that stage as I had already signed the order.

 

Now that I've signed the tomlin, is there ANY kind of claim that I can make against them? (e.g. including, but not limited to acting irresponsibly / unfairly / adding on charges / interest?)

[AndyOrch]

Ta. I saw your update, from the courthouse, on my mobile. I wasn't sure what to do at that stage as I had already signed the order.

 

Now that I've signed the tomlin, is there ANY kind of claim that I can make against them? (e.g. including, but not limited to acting irresponsibly / unfairly / adding on charges / interest?)

 

No thats why i suggested raising it with the Claimant Solicitor before you went in...what happened in court?

 

Andy

[69Eyes]

Not much TBH.

The 1st Crud guy was suprised to see me,

he had passed the tomlin to the usher for the judge to sign.

His breath was terrible.

 

 

Usher said "cool if you're happy you can both go now".

 

 

Prob should have argued the interest then,

but I didn't know how long it would take,

how much hassle it would be.

 

 

It was so close to bed, I left it.

[AndyOrch]

Well your stuck with it now...you could of argued it before the (DJ) signed it....or even better you should have checked back here before agreeing/signing it yourself.

[69Eyes]

Ideally I would have. But time was tight. I was worried it might drag on if not completed that day. So yep stuck with it

[Guest]

69

shame. didnt like all that (unjustified) interest.

[69Eyes]

It certainly does suck. But it's not the thing I'm most angry about (considering they added on about £700 anyway, what's an extra couple of hundred?)

 

By ignoring multiple legitimate requests for the agreement, and then providing it 2 working days before the hearing, the rug was seriously pulled and I was put in an untenable position, so that my only 2 options were to settle pronto or risk a CCJ.

 

They should never have been allowed to initiate a claim with a request for the agreement outstanding.

[Guest]

i know what you mean. creds have even just turned up at court on the day with the required docs.

was a ccj (with an instalment order) of real concern. otherwise cld've tried it out in court. a bit late now i know just asking.

you shld've posted up their draft first though for comment, am sure they still wld've accepted a repayment schedule without all that interest.

[69Eyes]

I can't believe they're allowed to do that! What's the point in all those regs if they can just pull it out of the hat on the day?

 

I'm self employed, and a director, plus I'm hoping to get a mortgage in the next couple of years. So a CCJ would be suicide. And there was no way I could have stumped up £4k outright.

 

If I'd have known all this in advance I'd have done things a whole lot differently... but who hasn't said that at some point.

[69Eyes]

I would like to get a few rounds in for all who've chipped in on the thread... I guess the best thing is a donation... I will wing one over when payday comes.

[honeybee13]

I would like to get a few rounds in for all who've chipped in on the thread... I guess the best thing is a donation... I will wing one over when payday comes.

 

Thank you very much for the donation when you're able to. It will enable us to continue advising people like yourself.

 

The other thing you could do to show your appreciation, if you haven't already, is to thank the people who have helped you by clicking on the star at the bottom left of one of their posts. Then you can leave a brief message to say thank you and enhance their reputation.

 

HB

[69Eyes]

Sure, mostly done, I'm temporarily out of repping power

[honeybee13]

sure, mostly done, i'm temporarily out of repping power

 

 

hb