Letter from Solicitors - Scare tactic?

[debtsurvivor]

Lloyds TSB have issued a claim against me in Northampton (CCBC) I was forced to put in a standard holding defence as the only response I received from Lloyds sols in response to my CPR18 request was a copy of statements on the account. No agreement or anything else.

I have received a letter from the court which acknowledges the receipt of my demesne and says that where the claimant wishes to proceed they must contact the court within 28 days, or if no response is received then the claim will be “stayed”.

Just a few days after that I have received another letter from Lloyd’s sols which says “..you are advised that we have requested the County Court to enter a Judgment against you. A judgement order detailing payment will therefore be sent to you by the court in due course. Meanwhile we enclose a standing order……….”

Would this just be a tactic to panic me into making a payment? Should I just sit tight and wait for the court to contact me?

[Viscount Stair]

Depends how you look at it, really. If you look at it cynically, it is a scare tactic. If you look at it sympathetically, then LTSB are the victims of an inefficient court system that is too backlogged to have told them in time that you had filed your defence before they requested default judgment.

 

In fairness to LTSB, they have not actually claimed to have obtained judgment (which some creditors are said to do), merely to have requested one.

 

They may have requested default judgment but they will not now get one.

 

Sit tight but a brief letter advising them that you did file a defence in time and they will not get judgment would not go astray.

[kel123]

I and others have had exactly the same letter after submitting a defence and yes we think it is out of order! especial the last few paragraphs, I contacted the courts and they said they didn't understand why they have sent it because they know you have entered a defence.

 

Definately Scare Tactics

 

Good luck

 

Kel

[Dorabell]

subbing:)

[supasnooper]

Report LTSB's solicitors to The Office of Fair Trading for trying to mislead you.

 

Also report them to the Solicitors Regulatory Authority.

[debtsurvivor]

Comments are much appreciated, will probably contact the court, and post again when I have news.

 

This is not the sort of thing one ever wants to have to deal with.

[angel_1]

am subbing too

 

i hope you did report them as supasnooper advised, this needs to be stamped out

 

any updates you can share at the moment on this yet please

 

laters angel x

[debtsurvivor]

Thanks for that angel

 

Yes things went from bad to worse and just this week I have instructed a solicitor on a no win no fee basis just this week. I think they will get a big surprise as my costs were about nil - now they will be paying a lot more when they loose.

 

And I am assured they will loose.

 

I have not reported them yet - I will make a note to do so - just as soon as I win.

 

Regard

 

DS

[angel_1]

hiya debtsurvivor

 

just popped in to see if you are okay?

 

im still playing the waiting game i now see all this as a chess game,,,lol

 

hope to catch up soon in the meantime keep happy

 

laters angel x:)

[angel_1]

hiya debtsurvivor

 

has this moved for you and your solicitor yet?

 

im still waiting too at the moment

 

good luck keep positive laters angel x:)

[tigger725]

Hi DS, just wondering how you found a solicitor on a no win no fee basis... do they actually exist... have heard stories that advise you to steer clear of people claiming to sort things out for you.... just wondering incase my cases get as far as yours... which am sure they will at some point...

thanks,

tigger