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    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
    • Sorry, I'm slightly confused. The moneyclaims dashboard is the only thing (I think) I have access to.  
    • no go to OCMC and download the transfer order and post it here.   be quick we dont have a lot of time
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Corporate V Lloyds TSB


Robmids
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Well done,

 

But you have not set a precedent - this happening the whole time.

 

If it were me I would draw out what they paid in lovely cash :) then they cannot touch it :)

  • Haha 1

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Hi Peter.

When I say precedent, I meant just with my account - in otherwords, "lets not mess around with all the 14 days here, 14 days there, letters etc, just COUGH UP" LOL

and yes, the lolly is already in the parachute acc ;)

 

BTW, did u see the news this evening ? seems the OFT are going to do something after all - perhaps I was fortunate just in time !!

 

Have you read my other thread on how I got this far? - see below in similar threads.

 

Rob

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Rob - Hi,

 

You are VERY fortunate, YES I did see the news and I can tell you that you are one VERY lucky person. As I read it, all future claims will be on hold now and seeing just how fast things happen with courts & OFT [not] this 'may' take a very l-o-n-g time - years even!!.

 

My suspicion is that the law-is-the-law and the banks will loose in the end, but, I also suspect they will get a cap of £20 as per credit cards.

 

But on the plus side - the law is the law, and we have (well most) will have seen the arguments on CAG as to how this works.

 

I am very very worried now - nearly £20k at stake

 

 

CAShttp://www.consumeractiongroup.co.uk/forum/announcement.php?f=11&a=107

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Hi Robmids

 

Congrats on your successful claim.

 

On the Company claim I fear you will have no success. The only one able to take action would be either the Official Receiver or a trustee appointed by the creditors. In any event, any monies reclaimable would belong to the Ltd Co and would go to the creditors, rather than you directly.

 

John

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Hi John.

 

I thought that might be the case, was worth an ask tho.

 

Meanwhile I WON! Corporate and Private against Lloyds. proves a point doesnt it. Will be interesting what comeos out of the courts with the OFT taking on the Banks - wonder if they want our help ?

 

LOL

Cheers

 

Gonna celebrate this weekend with some Bolly I think ;-)

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"Will be interesting what comeos out of the courts with the OFT taking on the Banks - wonder if they want our help ?"

 

Wouldn't surprise me if we found any offers of settlement drying up pending the outcome of the case?

 

John

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Hi All.

 

Not sure where my last thread went so have to open a new one.. If a moderator can glue this to my last thread that would be great.

 

Update:

After claiming on the Business account, via the court which struck out the claim then Lloyds paid out the full (inc Interest) amount !!!!!, 5 days lter I have received a letter from the branch Business Manager that they intnd to close the account. As it is within the overdraft limit and has been well managed for a while, there seems no responsible reason why this should be.

Can anyone offer me some advice this weekend as to what I should do on Monday ? I certainly don't have this sort of money lying around to settle the account.

 

Helpfull comments would be appreciated - ie; can they legally do this?

 

Regards

 

Rob

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icon4.gif Lloyds - success :-) Now they close the account :-(

Hi All.

 

Not sure where my last thread went so have to open a new one.. If a moderator can glue this to my last thread that would be great.

 

Update:

After claiming on the Business account, via the court which struck out the claim then Lloyds paid out the full (inc Interest) amount !!!!!, 5 days lter I have received a letter from the branch Business Manager that they intnd to close the account. As it is within the overdraft limit and has been well managed for a while, there seems no responsible reason why this should be.

Can anyone offer me some advice this weekend as to what I should do on Monday ? I certainly don't have this sort of money lying around to settle the account.

 

Helpfull comments would be appreciated - ie; can they legally do this?

 

Regards

 

Rob

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icon4.gif Lloyds - success :-) Now they close the account :-(

Hi All.

 

Not sure where my last thread went so have to open a new one.. If a moderator can glue this to my last thread that would be great.

 

Update:

After claiming on the Business account, via the court which struck out the claim then Lloyds paid out the full (inc Interest) amount !!!!!, 5 days lter I have received a letter from the branch Business Manager that they intnd to close the account. As it is within the overdraft limit and has been well managed for a while, there seems no responsible reason why this should be.

Can anyone offer me some advice this weekend as to what I should do on Monday ? I certainly don't have this sort of money lying around to settle the account.

 

Helpfull comments would be appreciated - ie; can they legally do this?

 

Regards

 

Rob

 

I've merged your threads :)

 

If you would like to find your thread in the future, click on your user name, then click 'find all threads started by' and it will come up :-)

 

Unfortunately yes they can call in the overdraft and close your account with out giving reason. Although this does seem to be pure retaliation if the account has been well managed. You can request that no action is taken against you as the debt is in dispute. Have a lok through the bank templates library. You can also make a complaint to FOS. The banks are fined £400 for any investigation and the FOS also has the power to award compensation.

 

Whilst there is a waiver of complaints with regard to bank charges this does not extend to closure of accounts.

 

All the best

 

Zoot:-)

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Hi Folks.

 

Well this case certainly has some twists to it - rather like a good Miss Marple LOL. I will condense how it all happened and end by giving you the latest.

1. The 3 letters went out with no reply.

2. Applied Online Court Service.

3. Lloyds filed a defence to the obvious and also stating my plea was incorrect as business was noty covered under consumer law.

4. Waited for advice from Court - was moved to Leicester. waited for a hearing date.

5. 19th July, get a letter from Lloys saying it would cost them too much in litigation so they were prepared to settle in full out of court. Please confirm

6. I confirm (happy me) on the 20th.

7. Get a letter on the 22nd saying that they agreed and will deposit the funds within 7 days

8. Funds arrive in account on the 24th.

(here's the funny bit)

9. 24th also, get a letter from the Court saying the case had been struck out as no case to prove.

10. 25th, I move funds to my parachute acc.

(now the not so funny bit)

11. 31st Lloyds declare 30 days notice on closing the account.

 

So you see, things don't allways turn out the way we expect.

 

Now, if anyone knows of a friendly bank who is willing to open an account for the business with a £3K o/d facility, can you get in touch?

 

I am going to appeal of course - the letter was very kurt and short with no explanation at all as to why. However, my para acc. is personal, not for business and as I am gonna be away from next week, I gotto run on this so any help would be gratefully appreciated.

 

Cheers for Now

 

Rob

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rob

 

Similar boat to you in that I opened a parachute private; but my main claim is on the business a/c - my thoughts are to change the name on the p/a to Mr & Mrs X T/A Your business name; not sure but would that not mean you could pay in chq's either in the business name & personal ??

 

Just a thought :)

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Hi Peter.

 

The diffrence for me is that we are a LTD so that is not an option. However, I faxed them yesterday and got a stay of execution for 30 days whilst I find a business bank that is prepared to do me a deal. I have also spoken to folk higher up the ladder who were dismayed about how we have been handled - I just hope its the local business manager for the chop as she is quite a Matron. Have approached All/Leic as have a healthy pvt acc there.

 

Any halp is always appreciated

 

Rob

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Alliance and Leicester Commercial Bank is excellent

I don't have an o/d

But there are no charges of any kind

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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