lloyds tsb

[Dorabell]

thanks:) i will have a look through your thread

[creditcardmug]

Hi suggest you ask a mod to move your other thread here to the legal forum, and maybe change the thread title to reflect the court claim.

 

What is the date on the claim form?

 

If you intend to defend, you should acknowledge service, make sure you tick you intend to defend ALL of the claim, but dont enter a defence yet.

 

You should also send a CPR request to the other side, ill post one up tomorrow, unless someone beats me to it

[Dorabell]

Hi suggest you ask a mod to move your other thread here to the legal forum, and maybe change the thread title to reflect the court claim.

 

What is the date on the claim form?

 

If you intend to defend, you should acknowledge service, make sure you tick you intend to defend ALL of the claim, but dont enter a defence yet.

 

You should also send a CPR request to the other side, ill post one up tomorrow, unless someone beats me to it

 

thanks CCM the date is 9th april i will tick that i intend to defend i would appriciate if you could post up CPR request

[Dorabell]

Hi if i acknowledge this claim on line do i still have to sign the papers and send back ,sorry to ask questions i have never done anything like this before i will really need all the help thanks:)

[Patma]

Hi Dorabell, don't know the answer to your last question, but I'm currently helping my friend to defend a case and I know how scary and confusing it all is.

We've just prepared a defence and a draft order for special instructions and will be delivering them to the court first thing on Tuesday.

There is good help available here. Goo luck.I'll be following your progress with interest and maybe we can compare notes.

[creditcardmug]

Hi if i acknowledge this claim on line do i still have to sign the papers and send back ,sorry to ask questions i have never done anything like this before i will really need all the help thanks:)

 

If you acknowledge online, you dont send the form as well, the only thing im concerned about is that some people actually write something like "i intend to defend etc", and this is then taken as a defence, you are then unable to submit a proper defence.

 

If it asks whether you contest the courts jurisdiction, if you live in england you tick no.

 

Best to log on to MCOL and have a look at the tick boxes, if in any doubt come back here and ask before ticking anything

 

Once you have done this, your defence must be filed by 12th May, at the latest

Edited April 12, 2009 by creditcardmug

[creditcardmug]

You will need to edit this, send by recorded to the claimants solicitor and keep the receipt

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[Dorabell]

bless you:) thanks i hope you will guide me throu it, can i shout you if i get stuck i will be off line today and most off tomorrow few family problems thanks once again CCM:)

[The GodMother]

Hi dora.

 

You also need to send off for ur CPR giving them 10 dya to deal with it.

 

amend and personalise send the normal way.

 

Account In Dispute

 

Dear xxxx,

 

I acknowledge receipt of your notice of intended legal action sent by your company on 3rd July 2007 which was received on 6th July 2007.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

[The GodMother]

Dora i have answered on your other hread and u do intend to contest duristict as u want it moved to ur local court NOT stay at there local courts.

[creditcardmug]

Dora i have answered on your other hread and u do intend to contest duristict as u want it moved to ur local court NOT stay at there local courts.

 

You can only contest the courts jurisdiction if you DONT live in england...the matter will automatically be transferred to local court if it gets any further than the defence

[The GodMother]

rite well my last 3 i have submitted defence not contested duristiction and tttthe cases have stayed in there local courts

[creditcardmug]

I dont quite understand GM, are you saying your claim was issued in northampton bulk centre, and you did not contest the courts jurisdiction?

 

If so thats the correct thing to do, if you live in england, as opposed to scotland/ireland/anywhere else.

 

It will then be moved to your local court, after you have filed a defence, and the other side have indicated their wish to continue.

 

If it doesn't get moved by some chance, then you can indicate on the AQ, that you need it moving to your local court at that point.

[The GodMother]

One of the claims was not issues threw northampton CC as it was isue at the local court for the claimant, who lost BTW.

 

On all of the cases i never recieved a AQ they claimed they were posted and after having to apply via a N244 adviing i never recieved a AQ and i believed that as LIP i believe it should be at my local court and not a court that far away from me.

 

2 of the claimants folded and one got thrown ou of court, well they lost.

[Dorabell]

thank you CCM:) AND GM :)i have acknowledged the claim on line i have copied the cpr 31.14 request its all ready to post to the solicitors i cannot post till tomorrow thou i will send by special delivery hope that will be ok i will need help please with my defence if thats ok:) thank you

[creditcardmug]

Ok, wait and see if you get anything back, shout towards the end of the month, i will help with the defence.

 

Meanwhile read as many threads as you can to familiarise yourself with the way things work etc.

[Dorabell]

i have sent my request cpr13.14 to sechaiari clarke and mitchell special delivery to the address on the claims form the lady in the post office said that the name above was not showing up at that address:mad: just lloyds tsb any body had that trouble with sechaiarin clarke and mitchell address

Edited April 15, 2009 by Dorabell

[creditcardmug]

They are inhouse solicitors, so its hardly surprising they are in the same building

[shirei12]

subbing as am in the same position

[Dorabell]

They are inhouse solicitors, so its hardly surprising they are in the same building

 

thanks CCM the letter has been delivered its comming up sorry an electronic proof of delivery is not available for this item i thout with special delivery it has to be signed for

[creditcardmug]

thanks CCM the letter has been delivered its comming up sorry an electronic proof of delivery is not available for this item i thout with special delivery it has to be signed for

 

You have your proof of posting from the post office, that should be sufficient to prove you sent it, so not a problem

 

 

Link to the other thread for reference

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164936-lloyds-tsb-allied-international.html

Edited April 16, 2009 by creditcardmug

[The GodMother]

it still can take up to 72 hours/3 working days for the sig to show online even with SDs

[Dorabell]

hi all update postman has been i have not heard anything from SCM for my request for my cpr13.14 7days are up today should i wait for a few more days?

[creditcardmug]

See my post 16 of this thread, in answer to this question

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/194724-court-claim-lloyds-here.html

[Dorabell]

See my post 16 of this thread, in answer to this question

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/194724-court-claim-lloyds-here.html

 

thanks CCM i have read in post 16 can i please ask for your help with the defence i would be most gratefull i have been following other threads about court cases so much to take in thanks:)