Still waiting for the next court date

Point out to the dca that you are disputing the debt with LloydsTSB they are then effectivly barred from chasing you. Likr you I had a MCOL claim go pear shaped, PM me ah I may be able to help J

Then its personal to you so there is no difference betrween this and a "normal" bank acccount Go for it J

I may be wrong Ayone please correct me if I am but I dont believe that a DCA can add charges or interest to this debt. Ask the DCA for a true copy of your original contract and dispute their charges. (everything in writing) This should at least gain you some time. I am sure someone else on here knows more than I do J

subscribing

Is the business a/c in your name or a limited Co? If its in your own name I cant see a difference but Im not sure about a limited co Good luck J

Karen you dont say how much the original debt is for but a couple of points may hep 1. The DCA are extremely unlikely to take you to court, they know very well that firstly they dont own the debt so they cant do it, I f the owner of the debt took you to court they stand the risk of the court allowing you a far more reasonable repayment period. 2. If you make a reasonable offer of payment and stick to it there is little that they can really do. Another thin to do is require them to prove the debt to you, that is show that they are entitled to what they are asking for snd how the amount is calculated. If you dont agree with their figures then dispute it Good luck J

still waiting for the money J

I should wait a few days nicole, the couts do alow a couple of days leeway for postal delays (these often happen to Lloyds) Good luck J

Thanks Itsamoment, I'm sure that I will win in the end, ive never seen a case drag on like this one, 11 months and counting. I should get a new court date this week that and the judges remarks may concentrate Lloyds minds on the subject J

Nic I would if I knew how to do it, please feel free J

come on you must have some ideas J

dont forget to send supplementary material (spreadsheet etc) to Northampton Court Good luck J

I wonder if she posts here - That could be a new thread for the bear garden - to try and identify her from her posting name Any guesses J

Dawney, If you have the last 5 years statements you are nearly there, all you need now is the 6th year, You should now write to them pointing out that the statemeents are incomplete and reqiring them to comply with your DPA letter within 7 days. I am sure there is a template inthe library. Failing that estimate the missing year. That leaves it up to them to disprove your estimate You need to download the excellent excell spread sheet in the library and enter all of the charges, do not look at the interest page yet. You cannot include normal overdraft interest on the claim only items directly attributable to your "misdemeanors" Once you have done this you are in a position to write your prreliminary letter an give them the 14 days. sorry if it sounds complicated, its not really Good luck J

The banks must be under enormous presure at the minute, plus easter has distorted the work patterns . I would give them the benefit of the doubt for a few days. If they fail to comply there is a template letter in the library for you to use Good luck J

I've started a new thread to pull this all together. This anything but a typical claim so dont let it put any one off Like all good stories the punch line is at the end I started with the standard DPA lettter last MAy. Lloyds complied as far as a current account was concerned but failed to include a loan account. I issued proceedings via MCOL for over £700 in respect or charges on the current account and another case to force Lloyds to comply with the DPA. Lloyds defended the £700 with the standard defence, a local judge reviewed the case and decided that my claim was so short of detail that he ordered it struck out. After an awful lot of help from senior members of this site it was reinstated and set for a hearing in January where it was combined with the DPA case Lloyds defended the DPA case and issued a counterclaim - for £390 which was the unpaid balance of the curent account. (confused? you will be) At the hearing in January the Judge asked me what details the bank had failed to supply and I replied that I particulary wanted the Loan agreement He then asked the solicitor if he had a copy and was told no. after tearing the solicititor of a strip he suspended the hearing for 15 mins so he could arrange to have it faxed to the bank This the solicitor was unable to do, after a few more choice comments the judge ordered that Lloyds supply the information withinn 14 days an set both cases down for a trial yesterday The solicitors wrote to me stating that "the banks policy is that all cotractual documents are destroyed after 6 years" so nothing was available. they also produced 2 witness statements, one reducing the amount of their counterclaim by £188. the second confirming the banks Policy on destroying contracts after 6 years and claiming that £110 of my claim is statute barred. I got to court yesterday and met the solicitor for the bank, (who had travelled around 160 miles to get there). The Judge asked the solicitor if the witnesses were at court, they were not. he pointed out that in view of the contents of their statements I might well wish to question them. He also pointed out that as the babk had not raised the question of limitation in their defence it was inadmissable and asked the solicitor if he would withdraw that witness statement. The solicitor said he could not therefore the matter must go on to trial rather than being setttled there and then. The Judge then declared an interest and disqulified himself from the case apparently his wife is in the process of claiming charges rom a bank!!! so to sum up after 11 months the case is to be relisted for hearing and again Lloyds have been sent away with a flea in their ear ant basicly told to settle ALL THIS FOR A CLAIM FOR £700 and DPA failure It can only happen to me J

This is not a problem at all. Acurate figures will only start to be important when you reach the stage of issuing proceedings. Good luck J

01273 205381 but I agree 100% with nicsussex good luck J

shell, make sure that you send the spreadsheet to northampton court so they can tie it up with your claim good luck J

I dont think that you will need solicitors. A judge would allow you to speak on behalf of your husbands, and, as litigents in person will help you so its an even playin field. One other thing its normally just the judges chamber, a small office with just the judge and the parties present Good luck J

my claim against LloydsTSB doe include about £100 worth of "statute barred charges, It is in court tomrrow and I am advised by Setcari Clarke & Mitchell today that they have instructed counsell. It should be interesting J

my friends case finally went to court today fo the charging order to be decided. IND claimed the court cost of issuing the order and their expenses plus registering it at the Land registry. Unluckily for them the judge refused the order and allowed cost to my friend, (travelling costs plus lost wages) to be paid within 14 days. - lets wait and see if they pay up j

bump

An SAR is used to gain information from the bank / credit company read the FAQs for the best way to deal with DCA s J