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    • Participants can get £50 - but must permanently consent to the retailer using their personal data.View the full article
    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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*** Thommo Vs Lloyds - Directions Notice Very Urgent Help / Advice Please


RichDickster
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Hi There,

 

I attended recently on Friday the 6th July a Management Case Conference at Telford County Court, with the Claimant a good friend of mine. The Defendent Lloyds TSB did not appear at this appearing despite being requested to. The Judge approved ( with some alterations ) to the "aggressive" draft order ( as advised from these forums ) that was sent out and contained with the allocation questionnaire, verbally altering the dates and adding a third paragraph. It was agreed at the hearing that the Claimant would respond by 27th July 2007 , ( Three Weeks later ), and the Defendent would have a further three weeks ( 17th August 2007) to respond.

 

To the Claimants shock and horror I attach a copy of the draft order received yesterday ( some 17days later ), where the response date for the claimant has been changed from the 27th July to the 20th July. The General Order was dated 19th July 2007 and Sent Out from the court on the 20th July 2007, and received yesterday. Consequently the claim is in danger of being struck out. Both myself and the Claimant were committed to submitting the evidence today but have now withheld, and seek advice / help / suggestions as to how we should now best continue with the claim.

 

The Court was telephoned yesterday as soon as the order was received, the advisor stating that as we attended the Case Management Meeting then we were aware of the Court Order and that it is our fault.

 

I personally am not very happy because (a) the agreed response time for both sides was set at three weeks each, and (b) that the court papers were not sent out for a further two weeks following the Case Management Hearing. I have been constantly asking the Claimant if he had received the court orders since the Case Hearing. The Court Advisor stated that there was currently a 10 day backlog for processing.

 

 

I attach a copy of the Draft Order.

Before Deputy District Judge xxxx sitting at Telford County Court......

 

Upon hearing the claimant in person and the Defendent not attending

 

IT IS ORDERED THAT

1. The Claimant shall by 4pm on 20/07/2007 send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

 

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

 

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

 

d) Copies of decided cases and other legal materials to be relied upon.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall by pm on 17/08/2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty, and if not why not;

 

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

 

e) Any witness statements.

 

f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

3. Upon Compliance with paragraphs 1 and 2 above both parties shall notify the court in writing by 4pm on 31/08/07 what further directions are needed to take this claim to trial.

 

Dated 6th July 2007

 

 

Please could someone offer some help / advice / guidance how to quickly proceed and stop the claim being struck out. I apologise in advance if there has already been a similar response to this type of problem on the forum.

 

Many Thanks.

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Write a short letter to the court advising them when you received the order, how the date is wrong on the order in line with the hearing.

 

Then get your documentation in, I presume you are aware of this:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

If you PM me, I can provide this (although I am yet again having email difficulties):

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies-3.html?highlight=court+bundles+for+dummies#post925849

If I have been helpful please click on my star and add a comment.

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