PRA/Brodies SPC Claimform - old LLoydsTsb Credit Card Debt ***Claim unilaterally abandoned by Claimant***

[highlands]

I had moved around quite a lot but thought i had tsb accounts active while at my current address.

It could be that they were not updated as everything was handed over to compass whilst sorting the mortgage out.

[dx100uk]

well p'haps it might have been useful to include a ctax copy with the SAR as it instructs..did you?

 

 

 

[highlands]

I dont have a copy of ctax bill,  but i could have put one of my previous addresses in it.

I just used my current address.

[dx100uk]

you need to iclude some proof of who you are and where you are now as  well as listing your old addresses.

 

you only added this one A/C number, you didnt remove the rest of the line about any and all info regardless to the quoted number did you?

its doesnt matter it doesnt come before the return

the actual court case will be months away

[highlands]

I didnt include any account number and left the line about all and any info. I will try and attach a copy of it.

 

Llloys SAR2.pdf

[dx100uk]

but you have moved since taking it out and they are not aware of that fact ?

so give them the info they need and not only about this one too.
 

[highlands]

I dont have any account numbers for other accounts i held with them. I can send them the account number pra have for this one and 2 out of 3 previous addresses as one past  address i can only remember the street name of.

Would a copy of my driving licence be suitable as id?

[dx100uk]

best you can do 

 

 but we are pretty sure payments were made now within 5yrs so upto you

 

[highlands]

Yes it does look to be the case. Do you have any other ideas now that it appears not to be time barred?

I thought it may help if i could get a better breakdown of what the debt is comprised of, or is that irrelevant now?

[dx100uk]

when did you take this card out?

agreement is unclear on date

[highlands]

I can only narrow it down by employer shown on the cca. I worked there between summer 1998 and may 2002. I will double check this tomorrow. I know its very vague but i really cannot remember when i applied for this card.

[dx100uk]

well its 2000-2002 noV as 11 is in there.

its convenient their statements dont go back as there is close to £30PCM PPI there and that will be worth £1000's at their int rate till sold on, we might make a worthy addition to our std response (that i hope you researched in the pinned threads of this forum)  that mentions charges . i know of at least one case last year in i think glasgow whereby the ppi reclaim although refused by the oc actually won the day and it was cabot/nolans too.

 

it's a shame you cant get the compass details as sure as eggs is eggs they did reclaim the PPI and syphoned it off to their pockets, they were in bed with several reclaim companies.

[highlands]

No sars as yet from Lloyds.

Should I proceed to fill in the spc response with what I have available so far( using template for guidance).

 

Also is the cca that PRA and Brodie’s supplied in their sar likely to be the one they will use as evidence, thought occurred they may have a better one put aside

[dx100uk]

to date 

no notice of assignment from lloyds to AK

no notice of assignment from AK to PRA.

No Default notice.

 

the balance owing is far outstripped by the penalty charges & PPI paid (almost £5k) total.

 

the response form will need slight adjustments in its format to highlight these

 

i also think its worthy to bring the PPI in as you nor they to date can get any info out of old DMP Company compass and i'm pretty sure, as they did to everyone, reclaimed it and used it as an asset to reduce all your debts within the plan (or more likely pocketed it) ...negating the balance on this debt as one did not ever exist as it was all PPI/charges.

 

 

[highlands]

Thanks for summarising the missing  items.

 

My plan now is to find my forms on the online court portal.

Fill in the parts as advised at start of forum with c&p.
Modify it to include mention of the missing items you found. 

 

Can I post it here to be checked over before sending to court?

Also am I correct in that a copy is also sent to claimants solicitor?

Thanks

 

Also I meant to post this earlier in case it maybe helpful for anyone else.

This is where my original SARS request ended up...

Lloyds DSAR Team

Charlton Place(C42)

Andover

Hampshire

SP10 1RE

[dx100uk]

form is on the response thread already here 

knock up something we'll adapt it.

 

What To Do - Simple Procedure Rule Claims Scotland - Scotland Financial Legal Issues - Consumer Action Group

[highlands]

Tomorrow is my last day for response to be sent in, would this be midnight tomorrow or would it need to be within working hours?

 

Also if I miss the deadline am I correct in my understanding that the sheriff will likely find in favour of claimant? Thanks.

 

Post just arrived. Lloyds are sending sar to me by 22/01/21.

 

It will be re bank account, loan and this credit card.

Should I add this into my response or leave it just now?

[dx100uk]

no dont play any more cards yet.

 

let me see if i can knock something up.

 

theres no immediate cut off and no the sheriff doesn't simply bring down a shutter if you poss might be late .

 

 

[dx100uk]

no dont play any more cards yet.

 

let me see if i can knock something up.

 

theres no immediate cut off and no the sheriff doesn't simply bring down a shutter if you poss might be late .

 

 

[highlands]

Thats great thanks.

Did you get the dm i sent with my attempt at filling in the response form? Hopefully i am not too far off the mark with it and it doesn't require too much adjustment.

I am hoping to submit it either tonight or in the morning as i am working until late tomorrow.

 

[dx100uk]

pm advice is not allowed

post it here 

[highlands]

No problem I will attach it here after i remove my details from it.

[dx100uk]

as plain text please not an upload

[highlands]

Section D1

Respondent –

Case Reference Number –

As a respondent I specifically make reference to the Simple Procedure Rules 2016 in

so far as my understanding is that:

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not

have legal representation, are not unfairly disadvantaged...

... I represent myself and are totally at a loss upon how to respond to such a claim &

welcome any assistance the sheriff can give me.

1.6(9)

When appearing against a party who is not represented, or who is not legally

represented, representatives must not take advantage of the party.

1.6(10)

When appearing against a party who is not represented, or who is not legally

represented, representatives must help the court to allow that person to argue a case

fairly.

I expect the claimants' representative to employ the above.

..........

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases

large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

These debt portfolios, be them direct from the Original Creditors or exchanged

under sales between like Debt Buying Organisations, were placed for sale because

the Original Creditor neither wished to litigate against their customer themselves due

to bad publicity or are typically related to issues of enforceability under

the Consumer Credit Act or are as a result of inflated sums due to penalties and or

interest levied upon them that are unfair & unlawful under FCA regulations.

It is my understanding that the claimant is an Assignee, a buyer of defunct disputed

or bad debts, which are bought on mass portfolios at a much reduced cost to the

amount claimed ...10p to 15p in the £1 and which the original creditors have already

wrote off as a capital loss and claimed against taxable income. They then issue claims

to circumvent and claim the full amount of debt to maximise profit. cont..

According to s.189 of the Consumer Credit Act 1974 when an assignee purchases

debts [or otherwise acquires rights under a credit agreement] it also acquires certain

obligations to the borrower including the duty to comply with CCA requirements,

such as the rules on statements and notices and other post-contractual information.

The assignee becomes the creditor under the agreement, thereby ensuring that

essential consumer protections under the CCA cannot be circumvented by assigning

the debt to a third party.

It is admitted with regards to the respondent once having financial dealings with

LloydsTSB in the past.

I do not recall any precise details or agreements and have sought further information

by way of SARS request to claimant, original creditor and also the liquidators of

Compass Debt Counsellors who had been dealing with this account since 2007.

None of these returned the information needed. It is denied that I am indebted for

any alleged balance claimed.

The Respondent puts the Claimant to strict proof provide under the Consumer Credit

Act the required documents to legally be able to enforce and bring this claim to

court namely:

The Signed Consumer Credit Agreement

The Notice Of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

A detailed statement of the account and how, with specific reference toward

additional interest added because of late/no payment, and any additional penalty

fees or interest added, have resulted in the balance now claimed.

The court will be aware that penalty charges and the recoverability thereof have been

judicially declared to be susceptible to assessments of fairness under the Unfair

Terms in the Consumer Contracts Regulations 1999 The Office of Fair Trading v

Abbey National PLC and others (2009).

I will contend at trial that such charges are unfair in their entirety.

[highlands]

For D2

The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated 01/11/2000

 

A SARS Request was sent recorded delivery on 14/11/2020. The SARS return contained a largely illegible copy of the CCA which contained no terms and conditions.

 

No Notice of Assignment from LloydsTSB to Active Kapita  is contained.

 

No Notice of Assignment from Active Kapita to PRA Group is contained.

 

The sum claimed is comprised heavily of penalty charges and PPI.

Whether charges were reclaimed cannot be ascertained to date, as the debt management company  managing this account on my behalf entered liquidation.

The liquidators tell me they hold no client data.

 

The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last 20 year