Lloyd’s sold debt to Intrum

[pt2537]

Hi PT2537
so they would not be able to take this to court or if they did their chances of success are zero. Am I right in thinking this way
thank you for your support and knowledge it really is appreciated
Bomber99

So technically they can still take you to court, but if the default notice is defective then of course that gives rise to an unanswerable strike out, the Court of Appeal said so, the Default notice is part of the cause of action so must be compliant or the yhave no claim

[Bomber99]

Thank you Pt2537
your advice and knowledge is much appreciated as is the help of Amethyst
It has taken a lot of stress out of the situation I find myself in
Bomber99

[pt2537]

Thank you Pt2537
your advice and knowledge is much appreciated as is the help of Amethyst
It has taken a lot of stress out of the situation I find myself in
Bomber99

youre very welcome

[Bomber99]

Hi Amethyst & PT2537
I have been in contact with Lloyd’s again regarding the template letter they sent out regarding the default notice. Post 65 & 66

I explained to Lloyd’s that the template letter they had sent out is for a cheque/overdraft default and not for a credit card account default. They said this was just an example of what information a template letter would have in it. They are now saying they do not hold a template letter for when my account defaulted in 2009 but would provide a screenshot. How can they say they do not hold one when they actually took one to court in 2011/2012?

My question is would a screenshot be acceptable in court or would they need to provide either the original default notice or a template letter when the account defaulted in 2009



many thanks for your continued help

[Bomber99]

Hi PT2537
where you mention Lloyd’s took there template to court (post 67) is there a case study for this.
I have found a similar case in Ian Karl Roberts Brand v’s American Express but nothing on Lloyd’s at present
Bomber99

[Bomber99]

Bump

[Bomber99]

pt2537

[pt2537]

pt2537

Hi there

The question seems to be one of evidence, ie what would be accepted by the Court as evidence of the notice. Well thats a tricky question, the court could be satisfied if they had a screen shot, but equally if you can raise a prima facie case to challenge the notice then they may have difficulties.

These issues are really case by case specific.

[Bomber99]

Thank you pt2537 your advice is very much appreciated

[Bomber99]

Hi all back for some more advice

lloyds have now sold on my remaining Loan debt to Cabot. I received Lloyd’s letter of assignment today. Do I now do a s77 to Cabot .
I have done a SAR to Lloyd’s and received documents back with agreement but no default notice. Debt is not statute barred as I have been making payments to Lloyd’s
What are my options at present
thanks
bomber99

[Bomber99]

Hi Amethyst

After some discussions with Intrum regarding the illegibility of some of the information in the Application/Agreement form (post 35) Intrum have now sent out another copy which is slightly better.
I can now make out the credit card numbers and these do not correspond with the account/credit card number Intrum are chasing. Would you have any idea how Intrum can link the application/agreement form and the credit card debt they are chasing together as they have different card numbers. Would Intrum need to prove the debt they are chasing is the same as the agreement I signed in 2002
I do have monthly statements from 05/04/2008-05/04/2010 for the credit card debt Intrum are chasing, These were supplied by Lloyd’s I don’t have any statements from date of signing the agreement on 23/11/2002 too 04/05/2008

On a update on the default notices.
they still haven’t been able to supply a copy, so good news on that front

Many thanks for your help it is much appreciated
Bomber99

[MIKE770]

sounds like you are trying to loose any case talking to them about illegibility of documents?? the idea is for them to fall at that point????

[Amethyst]

Hi Amethyst

After some discussions with Intrum regarding the illegibility of some of the information in the Application/Agreement form (post 35) Intrum have now sent out another copy which is slightly better.
I can now make out the credit card numbers and these do not correspond with the account/credit card number Intrum are chasing. Would you have any idea how Intrum can link the application/agreement form and the credit card debt they are chasing together as they have different card numbers. Would Intrum need to prove the debt they are chasing is the same as the agreement I signed in 2002
I do have monthly statements from 05/04/2008-05/04/2010 for the credit card debt Intrum are chasing, These were supplied by Lloyd’s I don’t have any statements from date of signing the agreement on 23/11/2002 too 04/05/2008

On a update on the default notices.
they still haven’t been able to supply a copy, so good news on that front

Many thanks for your help it is much appreciated
Bomber99

Remember that credit card numbers would have changed over time ( lost card / expired etc ) - however, did you have another account at the same time with corresponding card numbers to the application they have sent you? Yes Intrum will need to show that the agreement corresponds to the debt they are chasing - however they will basically say it is and you'd have to throw enough doubt on that assertion to show it may not be. Is the application for a mastercard / visa and were the later statements for mastercard / visa etc ? Interest rates are difficult to check against without the early statements.

Have they provided the full terms and conditions that would have been with the agreement at the time?

Do the monthly statements Lloyds have provided end up with the same debt figure that intrum are claiming ?

[Bomber99]

Hi Amethyst
thank you for your response

the application/agreement was for Asset/Asset Hold/Asset Platinum Card
The monthly statements are for MasterCard
With the latest application/Agreement they sent out they also sent out a generic - customer copy-“Lloyd’s TSB Bank Credit Card Conditions- Customer Copy

[Bomber99]

Hi Amethyst/PT2537

l have negotiated a settlement figure of 40% with Intrum. So that’s another debt sorted thanks too all your help and advice. It is/was much appreciated. Please keep up all the good work you all do for us mere mortals

bomber99