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

[highlands]

IMG_20210121_0001 cca.pdf

[dx100uk]

thanks...is there any sign of lloyds issuing a default in the account comms/actions log 

[highlands]

All i can see are last few lines that say 1." Debt sale Aktive",  2 Assign Aktiv ******,  3 Debt sale price-Aktiv,  these are dated 28/06/2013.

Then "Sold-Debt sale" 18/07/2013.

After this date it is just abbreviations and odd phrases such as archive and purge.

I cant find any mention of default.

I dont think i actually stopped paying the credit card. I just handed it all over to Compass.

 

[dx100uk]

On 08/11/2020 at 14:14, highlands said:

On or around 13 april 2007, Lloyds TSB Bank Plc served a default Notice on the respondent.

 

[highlands]

13/04/2007- Collections Memolines

13/04/2007-Start new account to CDR

13/04/2007-End of kernel router

16/04/2007-Important Memoline

16/04/2007- props frm ccd

16/04/2007-Ltr to 3rd party & pib to d

17/04/2007-Issue PIB & letter to 3rd party.

Thats it for April 2007.

Not sure if this is meaningful?

 

 

[dx100uk]

default notices have to give atleast 14 days notice before the creditor can register a default IF they want too.

 

although the poc says served, thats a generic phrase that PRA uses in all their poc's , that doesn't mean one exist nor was ever issued on that exact date. check a month either side 

 

the bottom line is to successfully litigate there must be a clear record the OC sent one,

 

 

 

[highlands]

I have gone through nearly the whole sar return, it is very large. I am confident to say there is no mention of a default notice within it. 

[dx100uk]

On 11/01/2021 at 21:02, highlands said:

Case management discussion scheduled Thurs 11th of Feb.

 

pretty much par for the course then for a fleecing DCA that expects, as 99.9% of respondents do, wet themselves and cough up the instant a court form lands.

they never expect a defence to be filed and simply don't bother to get their ducks in line.

 

so get each of these instances of missing paperwork together 

list them.

pop up on our enhanced google search box and type in claimform card default won

or various other sentences

and knock up a few words for each instance to relate to the sheriff during the CMD about how each is important within the consumer credit act and for the claimant to not hold them, under CCa rule xxx (for a DN its section 87) , its fatal to their claim.

 

dx

 

[highlands]

Great thanks. I will get on to it later this evening.

[highlands]

I still have not received copy of cca from pra group. They acknowledged my request in a letter dated 15 jan.

Also letter states "If your case is taken to court, you can ask the court not to go any further(called a stay of proceedings)until you get the information you're entitled to."

As it is now past the 12 working days should i contact the court? Or is it best to wait for the case management discussion?

Thanks.

[dx100uk]

oh dear not looking very good for PRA>>>

their list of documents that must be produced to enable enforceability and successful litigation are not looking good.

 

give em a week to see if anything comes ...then say on tuesday next week give the clerk of the court a ring and say you are worried about being seen to waste the sheriffs time on the CMD 11th but the claimant has totally failed to supply any of the required papwerwork they were ordered too?

[highlands]

Thanks for that. Useful to know its the clerk of the court i need to contact.

[dx100uk]

On 11/01/2021 at 21:02, highlands said:

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.

 

have you the order?

what does it state the claimant and you must do by the 11th?

 

dx

 

[highlands]

Directs both the claimants and the respondent to lodge any relevant documentation in relation to the claim with the court

no later than 48 hours before said hearing.

 

[dx100uk]

then off you go and include above and what i post earlier about why each document is important under the various parts of the CCA 

and the Law Of properties act..

might be better to hold the phone call

let them get trounced.

 

one thing i would most certain do is ensure if the CMD does happen that you empress upon the judge how the claimant has had since (date of serving the claim) (upon which they clearly stated in black and white they HAD the agreement ) till today (date of CMD0 despite numerous requests and reminders to PRODUCE all the required document and they haven't, and how unfair it would be to give them even more time!! ..please dismiss the speculative claim and issue a absolvitor today to end this abuse of the court system as merely another debt collection tool  when that is not what it is here for. 

 

[highlands]

I have set this Saturday aside for finding the sections of the cca relevant to the Default notice, letter of assignation and card agreement. I did start using the search engine as suggested but got a bit overwhelmed and distracted.

I will add the Law of properties act also.

The reason I considered the phone call option was the appeal of avoiding the cmd, but I will just need to get on with it!

[dx100uk]

NOA is the law of properties act (or the Scottish equivalent) not the CCA 

[highlands]

Confused now, I dont need to quote the consumer credit act? 

[dx100uk]

not in regard to the NOA

[highlands]

Ah right, so the credit agreement and default notice are covered in the consumer credit act, and the letter of assignation will be  under scottish equivalent of the Law of properties act.

[highlands]

Letter from Brodies today.

saying their clients would be prepared to dismiss (dispose) of the above court action on a no expenses basis.

they would be grateful if I would confirm my position in this regard.

 

If matters can be agreed in advance of the case calling on xxxxxx then the case can be concluded on or before that date.

 

They have provided an email address should i wish to email them.

 

[dx100uk]

why?

scan it up

[highlands]

Brodies letter feb.pdf

 

If they wish to dismiss it why do they need me to confirm it?

[AndyOrch]

Because both parties must agree...say for example there was a dispute over costs......in English law a Notice of discontinuance is served on a defendant...but the defendant has the option to stay the discontinuance or even set a side...if say there where matters that remained outstanding.

 

Scottish law ...its normal to issue an Abandonment Notice.(9E)

 

Andy

[highlands]

I see now. So they're not up to any kind of trickery and i can safely email my confirmation.

Thanks for your swift reply.