smith v llyods black horse and arrow global limited belveder

[mystery1]

Re: smith v llyods black horse and arrow global limited belveder

Post 61 indicates that the 16k loan has no relevance but a £3600 something or other does.

M1

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

Do you know anything about the debt ? What it is, how it came in to existence, was a default notice issued etc etc

M1

I don't know if this question is addressed to me or to Smith. BUt this is the problem it is very difficult to find out exactly what this debt is, the description keeps changing.

My current understanding from reading both threads is;

The OP had an overdraft of around 1k . He arranged a loan for 16k from lloyds. Part of the overdraft was restricted use and earmarked for repaying the overdraft(1k).
Smith decided that he did not want to keep the loan and cancelled under the provisions of section 68 of the act. However he was unable to reclaim the 1k, as it had already been credited to his overdraft account, he was therefore stuck with the dilemma of repaying this 1k to lloyds.

Smith please correct me if any of this is wrong.

This is why it is important to find out what is on the copy agreement he has received, is it for the original debt 16k, or is it one that has been manufactured to legitimize the 1k repayment arrangement(which may be un enforceable).

Dn issues and sb can be addressed when we know all the facts. this seems to me like the logical way to approach this rather than giving random advice that may be based on the wrong facts.

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

http://www.consumeractiongroup.co.uk...ht=statute+bar

[mystery1]

Re: smith v llyods black horse and arrow global limited belveder

Do you know anything about the debt ? What it is, how it came in to existence, was a default notice issued etc etc

M1

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

Also did he say that he had a record of payments or that he had statements for the dates in question, as this would be the balance of the period left on the loan.

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

Can I ask how much the agreement they sent you has on it for the total credit ? 1k or 16k

[FlamingParrot]

Re: smith v llyods black horse and arrow global limited belveder

ok think i screwed this up

after the phone call to els & Cole solicitors they stated they spoke to me on the phone on 26/3/20013i told them i have never spoken to any body from their office
he stated its a personal fiance loan £1000 for 36 months pluss interest he stated the default was in 2006 but couldnt say the date of it ...asked if i was phoneing regarding the letter they sent .....just got back from school letter was here they sent the following

1) history print off payments (they state they had payments from 8/11/2006 to 28/05/2008
19/3/213 sum fee summons 65
19/3/2013 summons costs 80

i was with a dmp from oct 2005 to oct 2006 then stoped paying the dmp

The question is, did you make any payments after Nov 2006? Have you got any statements? Are you sure you cancelled the DMP at that point? Because we're talking 18 months worth of payments here, not just one phantom payment as has been known to appear on SBd debts. :noidea:

[smith]

Re: smith v llyods black horse and arrow global limited belveder

ok think i screwed this up

after the phone call to els & Cole solicitors they stated they spoke to me on the phone on 26/3/20013i told them i have never spoken to any body from their office
he stated its a personal fiance loan £1000 for 36 months pluss interest he stated the default was in 2006 but couldnt say the date of it ...asked if i was phoneing regarding the letter they sent .....just got back from school letter was here they sent the following

1) history print off payments (they state they had payments from 8/11/2006 to 28/05/2008
19/3/213 sum fee summons 65
19/3/2013 summons costs 80

i was with a dmp from oct 2005 to oct 2006 then stoped paying the dmp
i also told the bloke on the phone that i have not had any thing to do with d m p since 2006 basicly he called me a laire the agreement is blairy
our signatures differ


2) copy of original agreement

3) re outstanding balance £1,442.26 to tessera portfolio mangment ltd lloyds black horse

i sent them a email stating account stat barred after i got court summons

theres payment protection on it


i will be on line about 9 or 10 tonite

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

lloyds black horse wired the advanced 1k into a halifax banck account

halifax account wasnt frozen and had a overdraft of 1k arrangment was made to pay £50 a month to pay it back to lloyds black horse to pay back over 2 years intrest free

£50 per month for two years would equal a repayment of £1200 yet you say no interest ? Are you sure this was not a fixed sum loan from Lloyds ?

there wasnt a fixed sum loan of 1k but the 1 k was paid to clear halifax overdraft

See above

if a default notice was sent that would have been passed to d m p we was in 0ct 205 till oct 206

Default notices must be sent to the debtor even if the account is on a DMP


we never singed any thing for the 1 k it was argeed over the phone as they wanted there 1k back


only thing we signed was for the 16k but after cool off period we canclled it but 1k of it was paid into halifax to clear overdraft

They cannot use an agreement for £16k and issue £1k on it, it would be unenforceable.

we asked for cca in 207 never got any thing back
debt collectors that sent letters we just quoted cca letter they sent account back

If you did not receive a response to your CCA request and this is a fixed sum loan , this alone renders your agreement unenforceable.

hope this helps better

OK you need to contest the claim, on the grounds that the POC was insufficiently particularized, and you do not know what the claim is for.

[FlamingParrot]

Re: smith v llyods black horse and arrow global limited belveder

Replead = re-plead, or plead again.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

replead whats that meen


ok on phone to els cole solictors

[mystery1]

Re: smith v llyods black horse and arrow global limited belveder

The particulars of claim do not mention £16000 or a loan. They mention an account. Phone them and ask what this is. Ask them to replead if they are short on detail.

You can't defend a claim when you have no idea what it is ! (they shouldn't issue a claim with no detail either)

M1

[smith]

Re: smith v llyods black horse and arrow global limited belveder

lloyds black horse wired the advanced 1k into a halifax banck account

halifax account wasnt frozen and had a overdraft of 1k arrangment was made to pay £50 a month to pay it back to lloyds black horse to pay back over 2 years intrest free


there wasnt a fixed sum loan of 1k but the 1 k was paid to clear halifax overdraft

if a default notice was sent that would have been passed to d m p we was in 0ct 205 till oct 206


we never singed any thing for the 1 k it was argeed over the phone as they wanted there 1k back


only thing we signed was for the 16k but after cool off period we canclled it but 1k of it was paid into halifax to clear overdraft

we asked for cca in 207 never got any thing back
debt collectors that sent letters we just quoted cca letter they sent account back

hope this helps better

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

fss ive tryed to xplain it the best i can the particulars of claim are what it states on the court papers if you dont want to help me just say so fss im confused with it all ( look 16k loan that i never took as we changed our mindes after cool off period 1k was advanced to clear partners overdraft


the 16k was going to be a consolidation loan to clear all debts back in 205

I want to help but i find it frustrating that i cannot seem to get the information.

If you are going to have a successful claim for SB( and yes I should claim anyway) we need to know when the cause for action was(not just the last payment.

So we need to know how the 1K advance was made. forget about the 16K for now.

Was there an overdraft for £1k that was frozen and an arrangement made for you to pay the balance over 50 months ( no interest added ?)

Was there a fixed sum loan issued for £1k which was paid into the overdraft account, which you were repaying over 50 months(plus interest and an agreement was signed.

Have you ever received a default notice.

And I ask again have you ever received any kind of agreement, I ask again because earlier you refer to an agreement you received if this is not applicable could you explain what this refers to.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

fss ive tryed to xplain it the best i can the particulars of claim are what it states on the court papers if you dont want to help me just say so fss im confused with it all ( look 16k loan that i never took as we changed our mindes after cool off period 1k was advanced to clear partners overdraft


the 16k was going to be a consolidation loan to clear all debts back in 205