Lloyds/SCM claimform - credit card debt *SETTLED BY TOMLIN + PPI RECLAIM**

[postggj]

if it is pre 2007, then they need the original

[lindyhop]

Hi Squaddie

your post in 84 is invaluable. the matter has not yet gone to court, and the new statement of truth only provided very recently. hopefully i can state to the court that the evidence is tainted and request that it is struck out.

 

do i do this in letter form or is there an N (something or other) that i need to submit to the courts on Monday?

[postggj]

When is the SJ hearing

[lindyhop]

Hi Squaddie

 

dont want to give them the 'heads up' so not willing to put more details than i have to on forum.

 

does putting in an 'objection' take time? are they given the opportunity to try and argue why it is that they should be allowed to submit their revised evidence? cant they argue that in front of a judge if not enough time for them to do a further written argument?

 

if you can help with the next step or even provide a link i can progress this for upcoming week.

 

a really really grateful lindyhop:)

[postggj]

Time is the issue, you can indeed argue in front of a judge but all evidence needs to be submitted prior to any hearing as a rule, but the judge can do directions

 

how much time do we have

 

i am talking of a witness statement which will need to be sent to the claimant and the court prior to the hearing

[unclebulgaria67]

If you search online there is quite a lot of information that will help you. The crux of the matter is that the claimant must satisfy the Judge that you signed a CCA that contained all prescribed terms at the time of execution. So you could argue that Lloyds having not provided a copy of the original signed CCA, have undermined their own case by submitting various statements of truth about a document that they allege was provided on x date. The different statements of truth about reconstitued versions of a CCA, have revealed that the claimant is unsure what was contained in an original CCA. On this basis you would argue that in the absence of the original CCA, the current statement of truth and reconstituted version of a CCA cannot be relied upon in deciding whether on balance Lloyds did provide a valid CCA containing all prescribed terms at the time of execution.

[lindyhop]

Uncle, that is brilliant.

 

now how do i present this? do i do a witness statement, or do i just do a letter to the court and copied to Lloyds?

 

thank you so much

[lindyhop]

Hi Squaddie

 

just read your post. Uncle has also replied. i will draft the witness statement with the advice from Uncle, and make sure that the court and Lloyds get a copy prior to the hearing.

 

anything else that might help?

[lindyhop]

Uncle,

following advice from Squaddie had started looking on line, but im rubbish - guess im not googling the wrong text as still not able to come up with the goods. So grateful that you have given me the heads up. will do WS as advised. in the meantime and for others as well that may come across my post, what are the relevant txt words to google this? i tried 'how to raise objection to tainted evidence' and came up with CPS stuff:(

 

not the fault of yourself or Squaddie - its just me:(

[unclebulgaria67]

I think I just searched ' reconstituted consumer credit agreement ' and there were many results, some from Solicitors who deal with such issues.

 

You would have been told by the court what you needed to do and by when. I am not an expert in this, but in order that others may help, they may want to know exactly what the court has asked you to do. I presume that you need to do the WS with all of your arguments.

 

I would presume that Lloyds will say that they are confident that the latest recon CCA is definitely the one you would have signed. Hence why the mistakes made by Lloyds may be a help to you, if there have been errors, as it would seem evident that Lloyds are not sure about whether you were given all the correct prescribed terms on execution. I would also probably argue that Lloyds should provide testimony about the quality of their record keeping and why an original copy of the CCA is not available. Being that it is a consumer right to request a copy of the CCA under S78, you would query why Lloyds did not ensure that this was possible and that they still cannot provide a true copy of the agreement.

[postggj]

Remember as well carey was about a section 78 request for a copy of the agreement

 

It was not to be used as an enforcement tool in a court

 

As rightly said, your s.78 request is for a copy of the original agreement if used in court

[lindyhop]

Hi

 

just a quickie - if considering putting forward a full and final offer to a creditor (of course once you have concluded all your research and undertaken all process) should you head the offer 'without prejudice' if there is a court case outstanding for the debt?

 

 

would putting forward the offer of F&F mean that you accept liability for the debt?

 

 

Thanks

[lindyhop]

Hi All

 

yes, the question was connected to another thread.

 

im amazed at the amount of responses my question has generated, an interesting debate has started, but left me in a bit of a quandry as to whether or not it was the right thing for me to do.

 

i did send a letter of along the lines of the one drafted here on this thread. i have assumed that the offer of FF was unsuccessful having heard nothing back at all, so the hearing goes ahead:(

 

Thanks for your continued help and support guys, its really appreciated.

[Ford]

you should be ok re your letter, don't think it was the wrong thing to do. don't worry. if it comes to it, the J should know what if anything to admit or not regardless of whether it was headed WP or not, as has been mentioned above. ie re intentions and equity?

Edited June 14, 2013 by Ford

[steampowered]

Don't worry, you did the right thing. The courts encourage people to try and settle disputes. Even though the offer does not appear to have been accepted it was worth a go.

[lindyhop]

Hi

does anyone know anything about F&F and CRP rule 21?

where the case has been adjourned is it acceptable for a further letter to be sent to the claimant advising that the F&F was time bound and unless accepted within ie 7 days the offer of F&F will be withdrawn?

 

case adjourned awaiting reports on defendants health.

 

Thanks

[Andyorch]

CRP ? CPR 21 is with regards to Children and Protected Parties lindy.?

 

Andy

[lindyhop]

Hi Andy

 

excuse the delay - have been unwell

 

yes, i believe it is.

 

thanks

[lindyhop]

Hi

some advice on this subject please.

 

 

i have spent some time looking through several threads but haven't come up against my situation yet and would appreciate a link or advice.

 

doing some clearing up, have come across some really old bank statements in a box.

 

the upshot is that some of the statements refer to PPI up front on loans.

 

 

i think from the paperwork that the loans were eventually consolidated into another loan

which was not sold to me with a single premium, and which is now paid off.

 

how would i go about getting these PPI payments back?

 

could i get them back?

 

if consolidated the loans would have been paid off early?

 

 

does that mean that i would not have incurred further PPI interest for the time of the consolidated loan?

 

the frustrating thing is that i did a SARS some time ago

- the loans did not show up, so obviously neither did the PPi's.

 

whether the banks keep all the paperwork on loans or not,

surely they must keep a record on a computer somewhere?

 

 

how is it that a copy of that record was not sent out as part of my SARs

and how do i now go about getting them to give me the information.

if i had not found my old statements i would never have realised!!

 

what alerted me to double check is the consolidated loan agreement states the following in the comments box' £loan amount. net of insurance premium refunds'

 

what on earth does that sentence mean?

 

thanks

[dx100uk]

si it 'looks' like the PPI was refunded by that statement [a rebate]

 

 

if you have accounts numbers for the loans

then send an sar using those

 

 

who's the bank please

 

 

link 1 refers to how to calc your refinanced rebate

 

 

dx

[lindyhop]

HI Dx

unsecured from Lloyds, consolidated secured with C&G

 

Credit goes to C&G then for doing the right thing.

 

Thanks DX for clearing that up, and for the link

 

looking over other paper work on one of the Lloyds loan applications, it shows PPI refused or not wanted (typed in).

 

but on the statement itself, PPI was added anyway! just awful.

 

 

i have to take some of the blame myself though for not double checking at the time

- but it just wouldn't have occurred to me to doubt that the bank would not have been acting in my best interest or adhered to my instructions/ request.

 

its so time consuming to have to double check all the time,

and so depressing to have to doubt and be suspicious about what banks say, or more importantly don't!

[lindyhop]

Hi Dx

 

any feedback on my point that on the fact that one of my agreements show that PPI was refused but ultimately the bank front loaded it on anyway.

 

are you aware of this happening with others on here? and if they did anything additional to the standard PPI refund request?

 

thanks

[dx100uk]

perfect reason for a reclaim.

and if that was latterly paid off by any other form of credit

and a PPI rebate was not given

then theres PPI rollover that needs investigating as link 1 below.

 

 

I would be gathering as must info as you can first

 

 

if you now have the accounts numbers for the loans etc

then send an SAR using those would be well in order.

[lindyhop]

Hi

i need the updated info on who is the CEO for Lloyds these days and where are they based.

 

i did look at the thread on here, but it all relates to Lloyds TSB. i do not want to try to get the information again by phone - the last time i tried i was quizzed by the gestapo and still didn't get the answer, kept being referred to their customer services team which is not whom i want to address my letter to.

 

thanks

[fkofilee]

MR Osorio is still head of Lloyds

 

antonio.osorio@lloydsbanking.com