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 cannot believe i missed FP's post!!! thank you so much for mentioning it.

right i have just edited my details out as you can see in the 'letter' it states i have paid some money in up until 2009, but this is not showing on the credit file and leaves me wondering if this money went to the loan account as the balance is higher than this one???? a bit confused about this.

Anyway i hope these will help.
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I hope these are big enough, ive tried for ages and can only seem to get them like this.


Sarnie

[sarnie2109]

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

as i mentioned i have the letter from the sols saying they will put case on hold, today is my last day to tell the court about it, can i leave this till later today ???????

[sarnie2109]

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

Ive edit the document pics, to my post this morning, 2 posts above. x

[mystery1]

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

They cannot just put the case on hold indefinitely. It doesn't help you that they think otherwise. You have 4 choices.

1. Get an extension agreed by both parties of upto 28 days as allowed for within the rules.
2. Enter a defence.
3. Take a risk that if you do not do 1 or 2 that they will not apply for default judgement. If you choose this route AND they do not apply for default judgement the claim should be stayed.
4. Settle with them.

M1

[sarnie2109]

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

Hi M1 can i ask what you think you would do in my position,

i am unable to work because of my physical problems and get benefits for it, so if i loose they will only get £5 a week etc, if that....... or put a charge against my house.

I have posted the info and credit file docs ^^^^ i have referring to the statute barred avenue, do you think it is SB'd please ?? i dont understand some of the wording alongside the dates and payments made.

I will ring the court in a moment to advise of the 28 day extension if you think that is best. im running out of time for this as its today


I was thinking of entering a defence today as they dont have the CCA and other docs, and i do and can see they are not right......... if i do this when would we likely get a court date, i ask, as if its quick then they wont have any docs they rely on, yet i do and they are not good enough... your thoughts please.

[sarnie2109]

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

I have just rung the sols to ask them to email me the 28day extension....... im trying to ring the courts now but am hold as i type.

Also the sols just said it normally takes between 4-6 weeks to get the docs, so with this in mind am i best doing my defence now???

[Amethyst]

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

Get the extension.

It just extends the length of time you have to do your defence

If they don't come up with the docs in that time you can enter your defence before it expires.

[sarnie2109]

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

I just rang the court and they have just told me the sols tried to enter judgement against us on the 18th nov, the court threw it out !!!! can they do this and does it help me when we go to court as these guys certainly arent playing fair .


AS far as applying to the court for the 28 days, will it need a copy of the letter or email the sols are sending me................... knowing them as i have just checked my email, there is no email yet, can i demand it in say 20 mins?? so i get it into court before 4

sarnie x

[mystery1]

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

I just rang the court and they have just told me the sols tried to enter judgement against us on the 18th nov, the court threw it out !!!! can they do this and does it help me when we go to court as these guys certainly arent playing fair .


AS far as applying to the court for the 28 days, will it need a copy of the letter or email the sols are sending me................... knowing them as i have just checked my email, there is no email yet, can i demand it in say 20 mins?? so i get it into court before 4

sarnie x

Well it's clear they won't give an extension, so i'd give up on that.

http://hmctsformfinder.justice.gov.u...ctober-eng.pdf If you qualify for remission of fees then an application for an unless order would be a good way to go. Having said that, due to the last date for filing being today, it's not a great way to go.

I'd defend on the known issues. S78, default notice and notice of assignment.

A defence i wrote for someone else is here . This can give you an ideas, don't copy it as some of it won't apply to you. You need to admit or deny anything in the particulars of claim.


As for them and trying to get a judgement, yes they can try at anytime but it doesn't mean they'll get away with it as they found out. It seems like someone in their office can't work out the date for filing a defence.

M1

[sarnie2109]

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

Thanks M1, i have emailed the court with the email the sols DID send me, shock horror.

They also said on the phone they are not expecting to see the dos any time in the nest 4-6 weeks, lets hope they are right.

i hear what you say re defending it on the CCA default and assignment ............. But is the fact the have not followed PAP and CPR correctly to bring this claim part of a defence, like not making any contact, just taking it to court, OR will this allow them a way out im not aware of?

You guys have been brilliant with the help youve ALL offered, and i know all the questions i have asked have looked at different avenues of defence, its just quite hard over the internet and what with busy days having a chld, the days just arent long enough....... but seriously a very heart felt THANK YOU xx

Sarnie

[mystery1]

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

Thanks M1, i have emailed the court with the email the sols DID send me, shock horror.

They also said on the phone they are not expecting to see the dos any time in the nest 4-6 weeks, lets hope they are right.

i hear what you say re defending it on the CCA default and assignment ............. But is the fact the have not followed PAP and CPR correctly to bring this claim part of a defence, like not making any contact, just taking it to court, OR will this allow them a way out im not aware of?

You guys have been brilliant with the help youve ALL offered, and i know all the questions i have asked have looked at different avenues of defence, its just quite hard over the internet and what with busy days having a chld, the days just arent long enough....... but seriously a very heart felt THANK YOU xx

Sarnie

What is the new date ?

PAP penalties are in costs. CPR penalties you pretty much have to force the court to act I.E. the unless order.

M1

[sarnie2109]

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

28 days from today. i made it 23 december on my calender

[mystery1]

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

Ignore, for now, the fact that you were told it'll take longer than this for them to disclose the documents.

Are you going to go for an unless order if they continue not to disclose ? If so chase them every 2/3 days and confirm by email the coversations. With 19/20 days left then i'd apply for an unless order if that's what you want to do.

If not start working on a defence.

M1

[sarnie2109]

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

OK M1........ im happy they cannot or think they cant get the docs, was really saying, so you guys are kept in the loop...... but will ignore it for now. thanks


Im not really sure what way to go now as it seems there are a few different avenues, im not sure if i could or should use them all together etc so not really sure.

Now i have read bits about this unless order, so do i keep hassling the sols for the docs for say another week and then apply to the courts for this unless order. I'll need to go and find some info to read up on how to do this.

ive found this link on a thread you have posted in M1 your post no# 43 .... http://www.legalbeagles.info/forums/...highlight=zhan

within that it says

2. If there is no agreement then there is no need to go through the subsections of the
Consumer Credit Agreement Regulations 1983 citing the prescribed terms are missing etc.
Quite simply, if you NEVER signed an agreement (yes it does happen) then all you need to
say is:
It is denied that a credit agreement was signed by the defendant, accordingly, s61(1)(a) was
never complied with and therefore pursuant to s65(1) and s127(3) the agreement is
unenforceable and the court shall not make an enforcement order.

PLEASE NOTE THE ABOVE ONLY STATEMENT IN BLUE IS ONLY APPLICABLE
WHERE THE AGREEMENT WAS ENTERED INTO PRIOR TO 6TH APRIL 2007

what lloyds have sent me says very clearly it is an advanced online acceptance and agreement form................. Could this document be construed as a compliant CCA ???? as that way i can honestly say i haver never signed a CCA as it says in blue above.



is this of any use at all or should i forget this avenue, id still be grateful of someone's opinion of the so called CCA above please,
im only investigating this just in case they come up with docs and the unless is of no use........... but if they do, is it of use in my case.


Sarnie

[mystery1]

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

Tick boxes are allowed from 2005 and count as a signature.

M1