PRA/Brodies SPC Claimform - old LLoydsTsb Credit Card Debt ***Claim unilaterally abandoned by Claimant***

[dx100uk]

A detailed statement of the account and how, with specific reference toward

additional interest added because of late/no payment, any additional penalty

fees or interest added and any Payment Protection Insurance have resulted in the balance now claimed.

 

The court will be aware that penalty charges and their recoverability thereof have been

judicially declared to be susceptible to assessments of fairness under the Unfair

Terms in the Consumer Contracts Regulations 1999 The Office of Fair Trading v

Abbey National PLC and others (2009). Likewise PPI previously was recoverable under various rulings.

[dx100uk]

The sum claimed is completely comprised of penalty charges and PPI and the interest these accrued.

It is my belief these were reclaimed upon my behalf and i was latterly informed by my DMP Provider the account was cleared.  I have been unable to ascertain any new proof to date, as the debt management company managing this account on my behalf entered liquidation some manys years ago and The liquidators tell me they hold no client data.

i personally hold no paperwork of that age as i believed the matter was resolved by my paid for DMP Plan Provider some xxx yrs ago  and thus i destroyed my records.

[highlands]

Thank you very much, that looks much better. I will get editing!

[dx100uk]

get the submission in first

then it might pay you to confirm say by looking at another debt thru the DMP when payments to that debt ceased too.

 

 

[highlands]

I am hoping the sar from Lloyds will show this, the other debt they were dealing with was the mbna one from around 1998. 

[dx100uk]

oh yea you have a thread too

send link an sar .

this could help with this debt with regard to last payment date matching etc.

 

dx

 

[highlands]

Trying to respond via the online portal as is now required, however i keep getting the message that "email address, case reference number or claimant name cannot be verified" I have checked repeatedly and they match the court document exactly. Can anyone can think of anything I may be doing wrong?

[dx100uk]

its new they never work.

 

simply email the clerk of the court at inverness your response form and brodies (see their letter)

 

Inverness Sheriff Court and Justice of the Peace Court (scotcourts.gov.uk)

find...

Electronic submission of documents

PDF

195.62 KB

19 Jun, 2020

 

 

i think is correct.

[highlands]

After some perseverance I have just managed to send using the portal.

Seems it does not like rocketmail addresses.

It was still very awkward to get thru tho.

Brodies have ticked the box to be notified by the court. If I email them a copy also is there any risk associated with them having my email?

I ticked contact by post only on the form if that makes any difference.

[dx100uk]

rocket is always blocked as sadly 99% of those are spam as well as proton email AD's

 

there doesn't appear to be any issue with scottish claimants using/having a respondents email AD as with english claims with deadlines. the scottish system doesn't allow crafty claims/disclosures without reply.

 

well done.

 

dx

 

 

 

[highlands]

Thats interesting re email address too, I used an old throwaway hotmail one in the end.

Thanks and goodnight, sleep calls.

[highlands]

Case management discussion scheduled Thurs 11th of Feb. Is it time to send CCA request to PRA group? 

Letter also encourages claimant and respondent to contact each other to seek to settle case or narrow the issues in dispute, should i contact them or  leave well alone?

Thanks.

[dx100uk]

Yes sure

So we know what you filed

Post your reply form up

[highlands]

Thanks, hopefully it was ok! my response form sent it:

Court doc copy2.pdf

[dx100uk]

2 hours ago, highlands said:

Letter also encourages claimant and respondent to contact each other to seek to settle case or narrow the issues in dispute, should i contact them or  leave well alone?

 

yours until or unless an sar appears with anything useful is not the next move.

 

Broadies don't often act like other solicitors we see in scottish claims like Nolans, whom are absolutely atrocious toward respondents and usually do as little as possible to reduce their involvement so thus their expenses, as they know once defended properly, there is little chance they get anything extra out of you or the claimant.

 

dx

 

 

[highlands]

Ok, just waiting for sars from lloyds, should be here 22nd. Meanwhile i will send PRA a cca.

[highlands]

Not sure its significant but received letter from PRA group acknowledging cca request and returning postal order as they don't charge.

Contained information sheet saying it can be a reconstructed agreement, doesn't need the date or my signature, also may take longer than 12 days if they have to contact the original creditor. 

[dx100uk]

it is also worthy to note yours is pre the recon 2006 CCA changes and a recon won't wash in court 

 

 

[highlands]

Thats  a relief, I had it in my mind for the case management meeting to focus on the cca not been good enough.

 

[highlands]

Lloyds tsb sar arrived, they have the same cca but much clearer.

 

Looked through lloyds credit card statements,  

one statement for April shows a charge off account and a refund of interest which take the balance to zero.

I have no statement from May.

 

The June statement shows the balance returned to the original figure and a credit which looks to be the first from Compass.

 

It is a large file and i am still sorting through it.

Also shows another account for a loan which was being paid by Compass, the final payment from them made on 18th dec 15.

[dx100uk]

so this is sort of confirming the way we are looking to go.

the CCA is most probably enforceable, though it would nice to see this better copy, just for ref and the T&C's that go with it that PRA have not sent. above all you keep this to yourself. as with anything else you discover in the sar thats useful or not until we decide to use it formally or not.

 

as forthe statements, again this sort of aligns with our thoughts that its not SB'd either (5yrs in scotland)

[highlands]

There are no T&C's attached, its just the same photocopy that PRA provided but full A4 size and readable.

It refers to conditions overleaf but there is no copy of the other side included in the sar.

[dx100uk]

thats very useful to you,

not only does it show that all the prescribed terms and conditions which must be contained on the signed agreement are not there , it also shows that there are no associated terms and conditions which are several pages long, must be those at the time of you signing and must contain your details.

 

so we know if the fleecers produces anything further regarding the cca..its a fake and NOT from the original creditor

they've also not produced 

the default

notice of assignment LLoyds to AK

notice of assignment AK to PRA.

 

not looking good for them.

dx

[highlands]

I can scan it and post here if its helpful, should i blank out all personal details?

[dx100uk]

if you mean the CCA sure but yes you must always redact things you put up as we have to abide by data protection and ofcourse you/we are anon anyway