'I can confirm that the Claimant sent their Judgment request on the 16 November 2022' how can a claimant request judgement 8 days after AOS and 7 days before filing of defence deadline?? is there anyway this complaint can be escalated to someone higher up ? or some one else- this does not appear fair at all

Lloyds still won’t respond to my complaints or provide documents - so I have started the financial ombudsman complaint as suggested by my solicitor as they are not being forthcoming or acting fair they still haven’t written back to correspondences - but phone calls which I don’t answer started again today why are they ringing instead of responding by mail - I want written answers to my complaint not an informal chat ?

Yes

Post 8

Really needed to get it in before 4pm today - you can try and do now - but might be late defence was written out for you. Before by dx100

Ok - so you have the original agreement form 2017 and This was replaced by new one in 2019 which is a bit more onerous as an indemnity as well - as you haven’t defaulted yet - what are you currently hoping to achieve ? Are you about to default, and worried about the consequences ? If so , do you have the ability to restructure your borrowing , to a simple unsecured business loan (their rates are terrible anyways) pay this off and the issue of a personal guarantee goes away

When did you take the card out - as they changed the product/card few times from 2018 to now - with new docs superseding the others ? (At least twice I know of ) did you agree to change in card when they emailed you about it ?

Agree - I think because you’ve ignored them they have gone for a ccj not caring about paperwork as they think you will ignore that too and get one by default main aim of filing defence is to stop default ccj get them on proof of paperwork - with deadlines to start with

Ok- someone may make this neater than me - but having dealt with them a lot - the burden of proof is on them - to prove their claim and prove the loss so defence would be 1) I did not provide a personal guarantee for ltd Co xxx and there is no amount outstanding for £516.50 2) I have not received any assignment letter that entitles the claimant to bring any action (or have you ?) 3) I did not agree to indemnify Ltd Co xxxxx 4) no agreement for xxxxxx has been provided or signed by myself. 5) no amount is outstanding then once submitted - do a CPR 31.14 letter - requesting 1) personal guarantee document xxxxxx and the IP address where it was allegedly signed 2) assignment letter for arrow global 3)proper creditor statement of account including all details opening balance and charges , repayments personally I know that what they don’t seem to have at new wave is the creditor statements to prove the amount they claim - which maybe is why they sell on and they don’t have proof of IP where it was signed like a docusign document - they just put your typed name in which is why people aren’t aware - it’s not even a wet signature that’s the start really - if they don’t reply with what you need (crucially the proper statement of account to prove loss) in the 12 plus days to letter CPR 31.14 I would apply for a stay or strike out until they do someone might have more info than this but their weakness a) proving you signed it b) proving amount outstanding

- hi Have you requested any proof of documentation from them ? And is there a statement of account ?

I have left this a while , so they can respond to my current complaint - non provision of documents , no. Provision of communications etc , separate underwriting not done but also I did offer after pointing out all the issues £3000 in full and final (in formal letter) as this is taking time and money (over two years already for both parties ) And given them 30 days to accept or go ADR instead so as far as I am concerned - I await response in writing to both complaint and offer now for the first time in two years they are constantly trying to ring me - I ignore - as I want a response in writing- why would they all of a sudden start ringing- ? I’ve nothing to say to them

i dont know - the SAR shows lots of narrative of wanting a possession order on our house and recent narrative to resubmit to solicitors they discuss in file notes valuing our house on zoopla estimate for hundreds of thousands (300k) more than its worth valued at my Natwest Bank - saying good for money- go straight for possession order. and being devils advocate if they can prove a signed guarantee, which is an all monies guarantee and prove a debt was owed -albeit with limited documentation- it would be a battle i think i need to prepare for however the SAR has been fruitful they (lloyds ) have to follow a separate underwriting and approvals process to take a directors guarantee, before offering a loan they have not done this - they simply stapled it behind loan contract at the time without any explanation of proposed transactions, which they apparently have a fiduciary duty to explain (SAR again shows nothing done)- they have confirmed they never contacted my husband, the second signatory, and nothing to do with business-as a non operational director (apparently they didn't feel they needed to -their written words) But he would be released under Etridge Principles 49 and 87-8 of the Etridge principles they did not obtain certified legal advice which under the principles means they cannot stop his release from liability. i could never stand or pass underwriting (if they had done it) to be a sole guarantor and had no intention to be one, i dont earn any money really- its my husbands

thankyou i don't believe director guarantees are covered by CCA? are they ? this is a business contract they have page one and pages 6-10 of an agreement which is just page 1 ) £20k to business name fixed loan to account number xxx, then pages 2-5 lost which holds all details terms , length , payments condition precedent etc pages 6-10 are generic small print terms and conditions actual loan contract pages 2-5 they admit is missing and paid me £100 for the inconvenience ! i suppose they do have enough to prove loan exists and was paid without terms of repayment it seems legally it would just be seen as an on demand loan, with 6 yr statutory limits starting from drawdown they also wont provide a statement of account as says it belongs to ltd company and separate legal entity i have no rights too! how would they prove default notice sent if they are unable to produce the notice as without prejudice and inadmissible ? (it was received by post FYI) With that in mind, here are some examples of when “without prejudice” should not be used: Notice letters or letters of demand where one party is asserting certain rights, such as if you are giving a Notice of Dispute or Notice of Intention to Claim for Delay under a standard form construction contract;

with further analysis of my massive SAR, i've received the formal demands to the business made in march 2020 for overdraft and fixed loan i was wondering if someone could give me some insight on the following a)these are default notices even though not titled as so? b)a default notice is required to call upon an alleged guarantor? c)if there is no loan agreement they have confirmed as lost, then using the act of default as non/missed payments would be hard to prove as no dates, terms, obligations to repay evidenced as no contract to read d)a default notice would have to be submitted in a court case, to prove an act of default? if so why has lloyds marked all these formal demands as without prejudice, meaning they would be inadmissable any ideas, thanks if anyone can help

nov 2018- business went into liquidation march 2020