BLS No CCA but still demanding payment

[spamheed]

They'll probably act with all of their powers and not respond, or turn up.

 

It's the way of the DCA and it should be clamped down on.

Take the debtor to court, if they don't defend they win, if they do, then we just wont do anything and at the very least we've caused some distress.

 

Failure to produce should carry monetary penalties

[pt2537]

ok thats not unexpected to be honest,

 

well, if it does go before the court,and as Spamheed suggests they dont turn up, i suggest that you have a wasted costs order up your sleeve for your costs incurred by their unreasonable behaviour along with a request that the court declare the debt unenforceable byway of s142 CCA 1974;)

[Gingerbaby]

Can i ask, if you are defending a claim is this like a ccj whereby your defence is all written or would would you be actually required to appear (even if not in a court loacl to you)

 

I am getting very scared as they have now defaulted and commited a criminal offence but i have not heard much but each day i live in fear of the postman

[pt2537]

Can i ask, if you are defending a claim is this like a ccj whereby your defence is all written or would would you be actually required to appear (even if not in a court loacl to you)

 

I am getting very scared as they have now defaulted and commited a criminal offence but i have not heard much but each day i live in fear of the postman

 

well

 

lets not forget, if you file a CCA request, they fail to comply and you then cease payment

 

there is a high probability that sooner or later a N1 court claim form will drop on your matt

 

now if the cca is invalid, you can defend it quite easily

 

however if you ignore it and bury youre head in the sand then they will win by default

 

now, in answer to your question

 

you file a defence to the claim in writing, however when the hearing takes place, and there is no guarantees that a hearing will take place as the claim can be struck out at any point, if the hearing happens you will have to attend for sure

 

regards

paul

[cheesepie]

Hi,

I've just been reading this thread from the beginining. And it has made ME extremely nervous! I'm wading through several debts at the moment and dealing with LOTS of nasty talking, bullying DCA's! I just found this website the other day and can't believe the number of people just on here who are also dealing with these DCA's. You always just think it's just you!

Anyway, I'll keep watching with my fingers crossed for you!

All the best...

[ODC]

Cheesepie you are among friends here who will help you deal with the bullies. Just ask for the freely available advice.

[Goldlady]

Cheesepie, once you have got your rights clear in your head, and their lack of rights:p, you will actually find that DCA baiting is the latest sport. As ODC says there are many of us who have been there and are only too willing to help others.

[poker_mad]

UPDATE

Today I have recieved notice from my local Court. I have to attend a Case Management Conference in 4 weeks. Is this good or bad news?

[pt2537]

any chance you can post up what the order says please?

 

just in case there is any thing you need to do etc on the order

[poker_mad]

TAKE NOTICE that the Case Management Conference will take place on

xx February at xx.xx pm

at my local court

When you shouls attend

20 Minutes has been allowed for the Case Management Conference.

 

 

That all is says.

[c00kiemonster]

'subscribing'

 

Best of British to you poker mad:cool:

 

cm

[poker_mad]

Thanks, I think the case management conference will give lloyds TSB a head ache as they have failed to supply any info and also tried to trick me into thinking they had won.

[Dav3yBoy]

Poker Mad,

 

BLS are actually Lloyds TSB (u prob knew that) and not an outside DCA.

 

I am having fun and games with these people. I wrote to tsb for a cca and my statements.

 

Found out they had charged me over £600 in PPI which i NEVER signed on for. Then they say they sold it me in good faith and can see no wrong doing. Still had no CCA response 2 months later. Asked for a signed agreement for the PPI as i know i never took it coz i never do.

 

BLS respond to inform me i have breached my repayment agreement and i have 7 days in which to...blah...blah....blah.

 

But i can't believe they have the nerve to say I had breached!?!? They have broken the effing LAW but they will not acknowledge this or anything else i have to say. They are blinkered and can only see their objective. Relieve people of money

 

Good luck with this

[pt2537]

Hi there

 

Basically, the case management conference is exactley that

 

there will most likely be directions as to who must do what by when

 

so its key importance that you ask the judge to order they disclose the requested documents etc

[Patma]

Subscribing.........Eager to hear how you're getting on with this, Poker Mad. Fingers crossed for you.

Patma

[pt2537]

Hey Pokermad

 

when exactley is you case management conference?

 

regards

paul

[poker_mad]

Tuesday 19th Feb, can't wait. I have to take day off work just for a 20 min hearing.

[pt2537]

Monday 19th Feb, can't wait. I have to take day off work just for a 20 min hearing.

well make note of the time it costs you, then if/when you win you make their solicitor extremely happy by submitting an application to the judge for costs, i think the rate for a LIP is 9.25 per hour in prep work so you could ask the judge to consider the time its taken you to research the legal issues in this case etc

[Docman]

Can you claim costs for responding to all the threats from DCAs or can you only claim time from when the N1 claim form is issued?

[pt2537]

I would say no, the judge would view it as unreasonable to award you pre litigation costs,

 

and that is why i wouldn't consider going for it. TBH i would see how the land lies with the judge before asking to award costs anyway, especially if he has just written off a few grands worth of debt for you;)

[Docman]

Fair enough. I wouldn't ask the judge either if he had just written off the debt, unless the other sides legal team had annoyed the court as well.

[Notnobody]

Subscribing (is there any way to do this without a post?)

[poker_mad]

Is there any advice you can give about what info I may need in court? My plan at the moment is to take copies of the letters i sent SC&M asking for them to supply info along with the proof of postage. And also the nice letter informing me that judgment had been awarded against me and that I should pay up.( red faces all round) I also have a case against lloyds tsb for bank charges(which is stayed of course) SC&M really like writing to me about that case but not this one. I wonder if they have realised that they are dealing with me over 2 cases, it will be a double blow if i win both.

[ODC]

Subscribing (is there any way to do this without a post?)

At the top of the thread click on forum tools:)

[Patma]

Hi Poker Mad, Did you ever manage to get any letters to BLS signed for?

The reason I'm asking is because I think I've discovered a fake address [problem] they're pulling and I don't know if it may be relevant for you in court or not.

I've been in touch with the Royal Mail who are trying to trace a special delivery letter I sent to BLS at the address given on all the letters I've ever had from them. PO Box 467E, OXFORD, OX4 1WA.

 

It turns out that this is neither a real PO Box number nor a real postcode. They get round this by having a redirection in place, presumably to a vaild address. Somehow or other they still get their letters, but manage not to have to sign for them.

This doesn't sound exactly legal to me, but maybe someone with better knowledge of the law will know better.

Good luck, Patma