nunnyrose
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Everything posted by nunnyrose
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You've got a few experts looking in on your thread now so I'll back out I just wanted to start you off as you'd had no response earlier. Good luck with it all
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Sorry, didn't see any reference to you already having submitted a SAR. No point in a CCA request if you've already done a SAR. As that hasn't produced the CCA. If the agreement was pre 2007 then they would have a problem if this were ever to get to court. Up to you what you do next.... if it were me I'd stop paying them anything until they can produce the CCA to prove you owe them. (which you of know they can't at the moment because the original agreement can't be located. You can put the account into dispute for non compliance. I think that as they have advised you of the balance, this counts as statements but I don't think it would be unreasonable to ask for (by letter, never speak to them) something showing the payments you have made.
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good luck
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yes, I'm pretty sure that mortgages/secured they have to keep info for 12 years. Anything else is 6 years after the relationship ends. That doesn't mean you can only claim for 6 or 12 years back,...no limitation on how far back you can go but obviously you would need to be able to back the claims up with proof, that's why you need the statements.
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yes, it's possible, But depends on what information they still hold on you. If you haven't had ANY dealings with them for a few years they might not have anything to produce. still worth a shot though. just remember,you have to pay a £10 fee for each SAR you request.
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you need to start by sending a SAR request to each of the financial institutions you've have dealings with. give them as much personal information as you can, previous addresses etc. and see what they send back. You wont be able to do anything if you can't get statements showing PPI. Have a good read around the PPI forums, that should help you get started
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PPI reclaim for Lloyds bank
nunnyrose replied to Mandalou2's topic in Payment Protection Insurance (PPI)
well, if nobody is chasing you for payment you're not going to go out of your way to track down who might or might not owe are you? let them come to you and take it from there. I would advise you keep this thread for the PPI issue, if any DCA makes contact meanwhile, then start separate threads as and when. No point in worry about things that haven't happened yet -
PPI reclaim for Lloyds bank
nunnyrose replied to Mandalou2's topic in Payment Protection Insurance (PPI)
It matters not at this stage, send the SAR off and see what comes back Thanks Ford... would the formalities involve the court? -
PPI reclaim for Lloyds bank
nunnyrose replied to Mandalou2's topic in Payment Protection Insurance (PPI)
Can't do any harm to send the SAR to Lloyds. Have you checked your credit file? I'm not sure that a CCJ debt can be passed on to DCA but others with more knowledge could confirm this. Were any of the loans consolidation for previous loans? -
PPI reclaim for Lloyds bank
nunnyrose replied to Mandalou2's topic in Payment Protection Insurance (PPI)
Hi, it's never to late to make a claim. Yes, send SAR to Lloyds with your £10 payment. Are you still dealing with debt collector ? -
Done! thanks
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Thanks Andy, sometimes I cant see the forest for the trees !
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... and I get your point Andy, I wont send a copy to Solicitors
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amended draft I have received an Application notice and a General Form of Judgment or Order for the above claim number. I telephoned the court offices today who have advised me that I should write to inform the court that:- I am a litigant in person with no legal representative. I object to the claimants request for Relief from sanctions pursuant to CPR 3.9 from the order dated 9th March 2015 as I can see no reason why an extension of time is necessary. A redacted letter was supplied to the claimant’s solicitors by way of my Application to Set Aside on 2nd February 2015.The redacted letter showed enough information to prove that there was no debt. The Notice of Hearing for setting aside was 3rd February 2015 informing all parties that the hearing would take place on 9th March 2015 There was no evidence given at the hearing on 9th March 2015 that the claimant had made any attempt to request information from the original creditor. They had had over a month to collect information but chose to rely on my redacted letter. I too relied upon the redacted letter, previously supplied to the court and the claimants solicitor, and this was presented by me as evidence at the hearing were by both Deputy District Judge XXX and the claimants’ barrister confirmed and agreed that there was no debt. This resulted in the Order being made that: • The judgment against me was set aside • The claimant must file and serve amended Particulars of Claim by 4pm on 7th April 2015. In default, the claim will stand struck out. This gave the claimant a further 28 days to gather the information. With respect, if an extension of time is allowed the only outcome will be a duplicate of information already supplied. The claimant will not be in a position to file and serve an amended Particulars of Claim.
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yes, the court did, but today I have a letter from their solicitor "We enclose by way of service the following documents" the enclosures are obviously just copies of the notice of hearing and application notice. I'm struggling a bit with my letter to the court but will post up my amended draft shortly if you wouldn't mind having a quick look
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another quick question, should I send a copy of the letter to the claimants solicitors or does the court do that?
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thank you so much Gany
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so:- I object to the claimants request for Relief from sanctions pursuant to CPR 3.9 from the order dated 9th March 2015, I can see no reason why an extension of time of time is necessary. with the rest of the draft or am I still being too humble ? Can my objection just be in the form of this letter or I do I have to fill in any official paperwork, and do I have to pay to make an objection. Sorry if my questions seem naive but hey....I am.
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ok, I'm trying to write a letter to the court. don't really know how much to say but this is my draft as follows:- I have received an Application notice and a General Form of Judgment or Order for the above claim number. I telephoned the court offices today who have advised me that I should write to inform the court that I am a litigant in person with no legal representative. Whilst I do not really have an objection to the claimants request for Relief from sanctions pursuant to CPR 3.9 from the order dated 9th March 2015, I can see no reason why an extension of time of time is necessary. With respect, my understanding is that at the set aside hearing on 9th March 2015, that both Deputy District Judge XXXX and the claimants’ barrister confirmed and agreed that there was no debt. This is still the case, and any further information can only confirm that there is nothing for the claimant to base an amended Particulars of Claim on.
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[ATTACH=CONFIG]57353[/ATTACH] just for clarification, this is the ppi refund letter from Lloyds. I received this the day after the original judgement was made which is why I applied for the initial set aside. It proves there is no debt, and I know I've said it before but the Judge and their barrister agreed - there is no debt.
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well, the court is just around the corner from me so not that inconvenient really. But I think the point the court clerk was trying to make was that as a litigant in person I wouldn't be involvedin a telephone hearing and it was just a hearing between the claimant and the court
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Just spoken to the court. They have requested that I write to the court and explain that as I am a litigant in person with no legal representative they think this was not taken into account when the claimants application was listed. They have also advised that it would be unusual for a litigant in person to be part of a telephone hearing.
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here it is
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thanks Andy, I think I'm getting to grips with it, honest! my first course of action is to object to the order ? within 7 days of receiving the notice. My objections would be that there is no obvious reason why the original deadline was breached -also it was agreed at the 1st hearing by both the judge and their barrister that there is no debt, so what is the point of them continuing. Am I looking to have it set aside, varied or stayedas those are the options given on the court form? I want it dismissed
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Thanks for looking in Gany my questions in red feeling nervous but sure I can deal with this, with a little help from here
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