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Lloyds CI defence


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Could anyone point me to where I might find out what SC&M have to say in defence of a claim for CI as opposed to statutory interest? Their standard 9 point defence does not seem to include anything relating to this so I can only assume that they add stuff if you are claiming CI.

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Hi,

 

I'm claiming CI and still received the standard 9-point defence. Someone mentioned in another post (can't remember which - I've read so many!) that they don't mention it, but they are fighting back harder with CI claims. However, no-one seems to be aware of any being defended in court. Guess that could explain why they're dragging their feet so much with it. I just hope mine on the 30th of May isn't the first!

 

That said, I've asked for 29.8% CI, or 18.6% in the alternative, or s.69 8% in the alternative, so were it to get that far, I hopefully wouldn't lose it all. I think if they were to defend it (just my opinion) it would be the interest rather than justifying the charges altogether. (Could they appear just to argue that side of it without defending the actual charges?)

 

Well anyway, I've started re-reading up all the info/arguments for both the charges and CI, just in case!

 

Are you claiming CI?

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Yes, I will be claiming CI, as I will be seeking to prove that there is in fact the implied mutual reciprocal term that should they take my money without authorisation then it is exactly the same as my "unauthorised" borrowing. This they have already (to some extent) admitted in writing to me. Now all I have to do is argue the toss about the capital sum and the interest rate.

 

Best of luck mate, I hope it works out for you.

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