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 totaly agrre M1 on the not trusting them, my call on friday saw two office staff try and pretend they were solicitors when asked............ i told there boss on the hone today and let im know i am recording everything from now on as per my email of authorization for my friend to speak on the phone for me.

No i dont want them to find the docs, so does this mean apply for the unless order ASAP ?........... im assuming if they dont agree later when i call them if they dont call me, then i just tell them im doing it anyway ?

[mystery1]

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

You can apply at anytime but i'd wait a few days whilst still harassing them, just to be reasonable like.

M1

[sarnie2109]

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

just got off the phone to them, they called me back.

They have contacted their client and they are waiting for a response ive told him i am applying tomorrow for the unless order as it seems quite clear that through there non response to the sols there are no docs going to turn up in the next day or so.

He said it is my choice to go the unless order and he has told his client and will tell him again im applying tomorrow, he said he cant see a problem as he can see my reuests havent been delt with fast enough and he can see that it isnt good enough.........

i asked him how they have done the due dilagance in starting the case with no documents, he said it is done on data they get, all that data holds is a document number and a few dates, no more...... which i said is fairly clear then that they have brought this about purely on hearsay, he said he could see where i was coming from. the case cannot proceed anyway as they havent complied with cpr PAP and there is an outstanding CCA request which if they had the docs they could have advised there client of this and not made an unnecessary claim to the courts.

I feel that with my letter history, their non compliance with cpr PAP entering judgement etc etc etc and the many phone calls ive made to them getting no where and having office staff giving misleading answers when questioned if they are a solicitor ........... i have given them enough time now, they stated 6 weeks to see the docs last week, so i feel ok applying for the unless..... at the worst the judge can say no, right?...... if he says no i still dont see how they can proceed anyway because of their non compliance with CPR etc, is that right??

[mystery1]

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

Did you ask if they would agree to an unless order ? You make him sound agreeable.

At worst the Judge can say no and order costs against you in a defended application. Technically you shouldn't lose and if they cite small claims as a reason not to allow your application then costs should be very limited as they would surely have to be assessed as small claims also. But worst case is lose with full costs.

Non compliance with cprs doesn't halt a case but it should provide a stumbling block particularly if that is the main part of their evidence and not forgetting the s78 non compliance.

M1

[FlamingParrot]

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

Did you ask if they would agree to an unless order ? You make him sound agreeable.

At worst the Judge can say no and order costs against you in a defended application. Technically you shouldn't lose and if they cite small claims as a reason not to allow your application then costs should be very limited as they would surely have to be assessed as small claims also. But worst case is lose with full costs.

Non compliance with cprs doesn't halt a case but it should provide a stumbling block particularly if that is the main part of their evidence and not forgetting the s78 non compliance.

M1

Isn't this, in itself, a bar to enforcement?

[mystery1]

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

Isn't this, in itself, a bar to enforcement?

Not entered a defence yet so not relevant yet.

M1

[sarnie2109]

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

M1.
The solicitor said he could not answer as its CQ decision which is fairly obvious but i did say surely they are employing you to advise them of how to proceed and he then said it was my decision to go the unless route anyway and he could see a problem, he and others have given me the impression that they arent going to do anything until they get everything and know we know they have messed up. i would say he was agreeable, he certainly didnt say no or indicate a no.

when i apply for the unless order, do i file some sort of defence/reasons, to which i can make my point to the judge, writing letters and CCA request to lloyds, no contact from CQ etc etc to aid a positive view from the judge on allowing the unless order.


can i ask, the solicitor said . they get the info on the debt as batches of 'data' and they know theses debt puchasing companies do lots of work with them and as the bulk centre doesnt require the docs sending with the PoC thats why they dont need or see the documents...... we asked what the data actually was, he said just account number and some dates and name n address thats all we have.......... arent they meant to send me copies of the docs in the PoC by post, and should they not have the docs themselves as solicitors? are they allowed to make a claim without seeing/holding the needed documents.

[mystery1]

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

M1.
The solicitor said he could not answer as its CQ decision which is fairly obvious but i did say surely they are employing you to advise them of how to proceed and he then said it was my decision to go the unless route anyway and he could see a problem, he and others have given me the impression that they arent going to do anything until they get everything and know we know they have messed up. i would say he was agreeable, he certainly didnt say no or indicate a no.

when i apply for the unless order, do i file some sort of defence/reasons, to which i can make my point to the judge, writing letters and CCA request to lloyds, no contact from CQ etc etc to aid a positive view from the judge on allowing the unless order.


can i ask, the solicitor said . they get the info on the debt as batches of 'data' and they know theses debt puchasing companies do lots of work with them and as the bulk centre doesnt require the docs sending with the PoC thats why they dont need or see the documents...... we asked what the data actually was, he said just account number and some dates and name n address thats all we have.......... arent they meant to send me copies of the docs in the PoC by post, and should they not have the docs themselves as solicitors? are they allowed to make a claim without seeing/holding the needed documents.

Well in that case they might not consent but that's ok.

If you apply for the unless order then you ignore the date as it'll then be up to the court to give you a new date once it has decided on the order. A court should not entertain an application for a default judgement when you have an outstanding application as it is clear you are participating in the process. Just make sure the court confirm receipt of your application.


From about post 40 on http://www.legalbeagles.info/forums/...highlight=zhan should help you.


Also http://www.legalbeagles.info/forums/...ighlight=wally


M1

That should give you the info you need to compile the unless order and witness statement. Once done pop them up for scrutiny.

I will be working most of tomorrow so it might take a while for me to reply but time is not so tight now and others can also advise in any case.

M1

[sarnie2109]

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

i remember being told or read it on a website ages ago that if you set out your various applications to the court on your own paper, laid out the same as their forms are, you dont have to pay......... is this right???

id be amazed if it is but thought it worth an ask, if it is not correct can i ask please guys if i use the fee remission form as i am entitled to use it, how much longer does this add to the process as the court lady said it can add a bit of time (she implied days)to the process, is she right??

[sarnie2109]

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

lightning response M1 xx

[mystery1]

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

i remember being told or read it on a website ages ago that if you set out your various applications to the court on your own paper, laid out the same as their forms are, you dont have to pay......... is this right???

id be amazed if it is but thought it worth an ask, if it is not correct can i ask please guys if i use the fee remission form as i am entitled to use it, how much longer does this add to the process as the court lady said it can add a bit of time (she implied days)to the process, is she right??

Bollock$

Don't pay if you qualify for remission, you ain't in a hurry now remember.

M1

[sarnie2109]

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

PMSL i thought as much or it'd be all over the place:doggieyes:

Yes thats what i intend with the time now.

thank you so so much for your time, i know you guys have lives of your own too and it really is amazing to have you, all strangers help me!

Sarnie

[sarnie2109]

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

May i ask what sort of time scale would be acceptable from the court in regards to an unless order? ............ to my mind it should be very short (or by return post, but i know it wont be), as they have started a court claim without any documentation they rely in their PoC and have not complied with CPR giving extra time to produce them, how can the court really give them any longer when they should of had them in the first place, or its an abuse of the very system that is about to give them more time????........ just doesnt makes sense to me.

going to call the sols again to give them one last chance to give me a date of producing these docs, then im going for the unless order, hence my question about what time scale to expect them to be given by the court.


Sarnie

[Gorang]

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

what sort of time scale would be acceptable from the court in regards to an unless order?

I have advised in the past 7 days but the courts usually gives them the 14 days

so I don't think the court will see it as being unreasonable to give them the 14 days to comply with the unless order

[sarnie2109]

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

thanks Gorang!! to me even 7 days seems to much, but they are the court.

Rang the solicitor and they have had nothing in, they have spoken to CQ who said the court will allow more time anyway, i did advise the sols..... yes but this time has a cut off date with it, not your clients view that they can just keep me hanging on...... they still have not got anything from lloyds ter either, so i think i need to move as fast as i can on this.

thanks