cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQUEST

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I have absolutely no idea, ive tried to recall but i just cant, i have a good doc and has written letters for me in the past like when i beat Next in court, i mean i have a strong history of trouble at the time. my mum went to the doctors one day and was dead within a couple of months from cancer, i fell apart, badly, tried to end it all, badly, it was a very bad time for me......... the crazy thing is the date next to what looks like my sig on CCA is the day after i buried my mum, i was a total wreck and i just cant imagine why i would/was filling out this form on a day like that.

All i can image is like ive said, it was either an email offer/link or i may have gone online and printed off the forms and sent them in, thats about the only way i can think it may have happened, i wasnt going out, i couldn't have stood in the bank to organize opening the account, i spent 99.9% of my time indoors at home so can only think it must have been done via the net somehow......... is there i way i can find out a SAR will take too long wont it and i cant think how i could find out.
IT does say its an 'internet application form' on the first scan i posted above and i did spend a lot of time on the net as it occupied my mind back then.

I just couldnt believe it when the TC's turned up and they even told me they weren't the originals that i asked for, he went on later to say in his letter that he felt they had complied completely with the CCAact, plonkers.


am i right in thinking that if this CCa turns out to be compliant i could still get them on the cpr as i doubt they will have all the docs available, esp the TC's, well, the originals any way.


Thanks for the reply

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

i fell apart, badly, tried to end it all, badly, it was a very bad time for me......... the crazy thing is the date next to what looks like my sig on CCA is the day after i buried my mum, i was a total wreck and i just cant imagine why i would/was filling out this form on a day like that.

That sounds rather strange indeed, why would you be thinking of applying for credit at a time like that? :confused2:

All i can image is like ive said, it was either an email offer/link or i may have gone online and printed off the forms and sent them in, thats about the only way i can think it may have happened, i wasnt going out, i couldn't have stood in the bank to organize opening the account, i spent 99.9% of my time indoors at home so can only think it must have been done via the net somehow......... is there i way i can find out a SAR will take too long wont it and i cant think how i could find out.

The would have 40 days to respond to a SAR.

I've just downloaded the purported agreement and zoomed in, at the top it reads: Advance credit card internet acceptance form and agreement, and it's stamped 06 Nov 2004. That means you must have applied online, but because you did so before January 2005 - only just,they were still obliged to send you an agreement by post for you to sign and return. Had you applied a couple of months later, the law would have allowed them just to have you tick a box online to agree to the terms.

The writing is not legible enough to read everything clearly, but it does say main financial particulars, meaning there must be further terms somewhere. This is where it gets tricky, because there's a page with the full set of terms, and no indication as to whether they were the terms that came with the application form, or possibly later, with the card. :confused2:

IT does say its an 'internet application form' on the first scan i posted above and i did spend a lot of time on the net as it occupied my mind back then.

I just couldnt believe it when the TC's turned up and they even told me they weren't the originals that i asked for, he went on later to say in his letter that he felt they had complied completely with the CCAact, plonkers.

You may want to take a look at this case for reference: http://www.bailii.org/ew/cases/Misc/2012/19.html

32. I am satisfied on the balance of probabilities that the application form signed by the defendant did not contain the three prescribed terms to which I have referred, and I come to that conclusion principally for these reasons.

33. Firstly, I look at the document itself; the application form. That is the best evidence that the claimant has been able to provide in terms of the documentation. Quite simply, there is no reference whatsoever to any of those three prescribed terms that are required. It is submitted that I should infer that it is more probable than not that they would have been there, either in the blacked-out areas or on the back. I am afraid there is quite simply insufficient evidence to enable me to draw that inference. And I repeat that matters may have been very different if further and better evidence had been produced, either from the claimant or Barclaycard, as to what the position was back in 1996. We do not have that evidence and I have to deal with the evidence that is before me.

am i right in thinking that if this CCa turns out to be compliant i could still get them on the cpr as i doubt they will have all the docs available, esp the TC's, well, the originals any way.

It all depends on whether there is something on the assignment or the default notice that's not quite right.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

im also thinking that because lloyds have failed to comply with my original S78 request in 2009 and still have not complied by not supplying the original TC's that there cannot be a way forward to proceed ?????

I have been reading through their paper work and they have/had joined this with a loan acc i had with them, quoting both acc no's on one letter.......... he states in one of these doubled up letters, but sent to me as way of a reply to a CCA application i sent , he states that we last made a payment in 2009 on THIS acc, yet the balance of the debt has remained the same ????? since 2007, im wondering if they were putting the £2 payments into the loan account.
IF it works out i havent paid since then it should be SB......... my cpr will demand a statement of account so that should show last payments should it not?

ive only got until the 11th nov to send in my defense, so i want to make sure i ask for as much as possible and in the right way.

Off to read that link you posted, thank you.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Bump!

Anybody got any views on this please guys, i need to start forming my defence...

Im thinking send Crapquest a cpr31.14 request to include all documents.
and thinking of sending barclays a letter stating they still have not complied with their obligations as set out under my CCa request some years later, by not supplying the correct TC's and why they feel they can employ CQ to take me to court.
then send in my defence to the courts.

Any little bits anyone thinks i should add would be very helpful.

Sarnie

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I have been reading through their paper work and they have/had joined this with a loan acc i had with them, quoting both acc no's on one letter.......... he states in one of these doubled up letters, but sent to me as way of a reply to a CCA application i sent , he states that we last made a payment in 2009 on THIS acc, yet the balance of the debt has remained the same ????? since 2007, im wondering if they were putting the £2 payments into the loan account.
IF it works out i havent paid since then it should be SB

What £2 payments are we talking about? WHO states you last made a payment in 2009? WHEN in 2007 are we talking about? This is very important, because SBd is an absolute defence and, that being the case, you need not worry about anything else. If you make that assertion, it would be up to the claimant to PROVE that you made payments after 2007.

......... my cpr will demand a statement of account so that should show last payments should it not?

ive only got until the 11th nov to send in my defense, so i want to make sure i ask for as much as possible and in the right way.

The CPR 31.14 letter is only a request for documents mentioned on the particulars of claim, which do not include a statement of account, just the agreement, the default notice and notice of assignment. If you sent a CCA request, that's the one that should include a statement of account. :thumb:

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Im thinking send Crapquest a cpr31.14 request to include all documents.

Haven't you sent it? The CPR 31.14 request is NOT a request for ALL documents, just those mentioned on their PoC, which would be the agreement, default notice and notice of assignment. No statements of account or anything else would be included.

and thinking of sending barclays a letter stating they still have not complied with their obligations as set out under my CCa request some years later, by not supplying the correct TC's and why they feel they can employ CQ to take me to court.
then send in my defence to the courts.

Any little bits anyone thinks i should add would be very helpful.

This would be futile at this stage, I'm afraid. Barclays have sold the debt to Crapquest so they are not 'employing' them to take you to court, the account belongs to Crapquest and Barclays can wash their hands now.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

No not sent anything yet flaming parrot. what would i need to do to request all the docs i should have been sent please, is there a way at this stage.
I shall leave barclays to it then, i just see how i can be taken to court if barclays never sent me everything under a cca request........ ive forgotten a fair bit since i sent these off four years ago.

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

No not sent anything yet flaming parrot. what would i need to do to request all the docs i should have been sent please, is there a way at this stage.
I shall leave barclays to it then, i just see how i can be taken to court if barclays never sent me everything under a cca request........ ive forgotten a fair bit since i sent these off four years ago.

Below you said on your opening post, that you did send a CPR 31.14 request... :noidea:

send CPR 31.14 to crapquest as the N1 only had the PoC with no added paperwork and as ive not heard of their involvement so far let alone buying the debt.
and wait as i need to find a good thread to read and brush up on it all.
Hopefully they wont send anything, default on the time scale and ill have it squashed.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

sorry about delay of above message i wrote it out at 1pm today, and hit post, but obviously not hard enough as it hadn't posted, sorry.


as CPR goes i read the 11th reply to this thread http://www.legalbeagles.info/forums/...uest+cour+case any comments on this please as i really need to move on this now.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Below you said on your opening post, that you did send a CPR 31.14 request... :noidea:

NO its says im thinking of this as my plan of action, sorry for the confusion, im trying to get as much as possible so i can get the right help

''so im thinking first plan of action, after a read up on here, as after a few years off ive forgotten more than i thought, but think im right in saying.....

return acknowledge of service papers asap,filled out to defend all of claim i got about 7 or so days left.

(As lloyds never complied with my CCA request 3-4 years ago could i defend this on jurisdiction (if thats what it refers to in this instance)as well ?....... as surely lloyds cannot do anything with the debt until they comply with the CCA request, so how can CQ buy it)

send CPR 31.14 to crapquest as the N1 only had the PoC with no added paperwork and as ive not heard of their involvement so far let alone buying the debt.
and wait as i need to find a good thread to read and brush up on it all.
Hopefully they wont send anything, default on the time scale and ill have it squashed.

Any help would be gratefully received, off now to read through the threads to see what info i can find.

Sandra''

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

sorry about delay of above message i wrote it out at 1pm today, and hit post, but obviously not hard enough as it hadn't posted, sorry.

as CPR goes i read the 11th reply to this thread http://www.legalbeagles.info/forums/...uest+cour+case any comments on this please as i really need to move on this now.

Their PoC do not mention everything that's on that letter, and only documents mentioned on the PoC can be requested via CPR 31.14.

The CPR 31.14 letter we usually send is here: http://www.legalbeagles.info/forums/...955#post382955

NO its says im thinking of this as my plan of action, sorry for the confusion, im trying to get as much as possible so i can get the right help

How are you with the timescales? Other in similar situations have also sent a CCA request to Crapquest, they have 14 days to respond so I'm not sure whether it would still fit in.

What was the date on the claim? You have a total of 28 days to submit a defence, provided you acknowledge within 14 days. :clock:

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

ive got untill monday to aknowledge service

ok, thanks i get you now re the cpr, if they declare/rely on it we can see it.
if you think i should send the cpr letter you kindly linked to, ill fill it out.
I was also thinking about the CCA, time wise i recon it will be to the wire, can i ask for a postponement on this basis ? at least i have my copy as reference.

Again thanks for your help

[Gorang]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I'm thinking

acknowledge on Monday, that you will be defending, then if they don't come up with all documents BEFORE you need to send in your defence,

then enter an embarrassed defence on the basis that you can't possibly defend your self at this time as they have not/will not provide the docs you have asked for

and if you haven't done so already, get requests sent to them for

CCA
DN Notice
Assignment Notice

Also add a "unless order" to the embarrassed defence, along the lines of

Unless they provide X,Y and Z, docs by 7/14 days time then their claim gets struck out (personally I'd go with 7 days instead of the 14 days, but the judge will usually give them the 14 days to provide)


That way if the judge allows the "unless order" and they can't/don't provide any of the docs, then its game over for them and you win by default.

But that is only my thinking and others may have a different approach

[Gorang]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

On the particulars of claim it states

1; claim for the sum of £3,ooo'ish in respect of monies owed by defendant on credit agreement with lloyds, under ACC no (the account number is not on any original paperwork i have!! and means nothing to me I would put a bit in your acknowledgement regarding this, but please wait for others to comment) upon i didnt pay.(well i wouldnt, llyods have had 4 years to NOT come up with a pucka CCA)

2;a default notice was 'served' on me......... nothing zip diddlysquat. ........whats the 'legal' meaning of 'served' ?

3; by virtue of a sale agreement with lloyds and the claimant the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of assignment by letter......... nope first ive heard of any of this.

I think I would go down the lines of

Yes I will be defending
BUT
I can't defend fully until the claimant discloses all documentation regarding this account number as this number means nothing to me

Needs refining but you will get the idea

I don't think you will need much more/anything else in the acknowledgement as you can't defend something that you know nothing about, but that is just my thoughts

But as I said please wait for others comments

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

thanks guys, i will try and find some more info on these points but i think (from my little knowledge) that that sounds right.....................

Ive also had NO contact whatsoever from capquest, just their N1.... nothing no letters no threats no balance owing etc.

The date for my Acknowledgement of service is the 11th nov, is putting it in on the last day, a little, either taking the Pee or just cutting it a bit fine??