CCJ Claim form...HELP PLEASE!!!!

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

I am absolutely sure I myself have not acknowledged or made a payment to this account since 2008.

On Noodle it says the default for the Student account was 21/6/2012, my original current account with Lloyds also says that defaulted on the 11/06/2012 but I know I have not paid or acknowledged this account since opening my account with another bank on the 15/6/2009.

Do I contact my local branch to see if they have any records or do I contact a head office? I have moved a handful of times since I had these accounts.

This is such a mess

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

I am absolutely sure I myself have not acknowledged or made a payment to this account since 2008.

On Noodle it says the default for the Student account was 21/6/2012, my original current account with Lloyds also says that defaulted on the 11/06/2012 but I know I have not paid or acknowledged this account since opening my account with another bank on the 15/6/2009.

Do I contact my local branch to see if they have any records or do I contact a head office? I have moved a handful of times since I had these accounts.

This is such a mess

Indeed so, very late defaults Lloyds have been taken to task before about this.

Is the student account still with Lloyds or has that been sold on as well.

I would contact head office often it seems branch staff don't know what to do or don't want the responsibility of doing anything.

nem

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

The other 2 accounts have been sold on.

I will contact head office later. I am just getting around to acknowledging the claim. I am trying to juggle this and my children...it is a nightmare.

Thank you for your help. I feel so stuck and alone in this and all of your advice, is helping so much.

[Kafka]

Re: CCJ Claim form...HELP PLEASE!!!!

Concentrate on getting those letters off first as the top priority. Your case sounds a very strong one if you are sure its over 6 years, and there will always be help here for you.
Lowell rely on being able to grind people down and you mustn't let that happen.
:beagle2222:

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

The other 2 accounts have been sold on.

I will contact head office later. I am just getting around to acknowledging the claim. I am trying to juggle this and my children...it is a nightmare.

Thank you for your help. I feel so stuck and alone in this and all of your advice, is helping so much.

Hi pinklilly, don't lets this take over your life, there's loads of help for you here!!
Even if the unforeseen happens and a judgement is made no court will order excessive payment only what you could reasonably afford even £1 per month.

nem

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

I am trying to not let it, but I am already struggling with depression (which I am getting help for) and now I feel as if it has thrown me back. But thank you.

I have now acknowledged the claim online, do I have 28 days from the day the issued or from today?

[Kati]

Re: CCJ Claim form...HELP PLEASE!!!!

you get 33 days from date of issue

When was the claim dated? You can work out your timings through this link - http://www.timeanddate.com/date/dateadd.html - just put in the issue date and add 33 days xx

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

The other 2 accounts have been sold on.

I will contact head office later. I am just getting around to acknowledging the claim. I am trying to juggle this and my children...it is a nightmare.

Thank you for your help. I feel so stuck and alone in this and all of your advice, is helping so much.

I am trying to not let it, but I am already struggling with depression (which I am getting help for) and now I feel as if it has thrown me back. But thank you.

I have now acknowledged the claim online, do I have 28 days from the day the issued or from today?

As Kati says, it's a total of 33 days from date of issue, 28 days + 5 allowed for service.

It may be a good idea to deal with this claim first and don't concern yourself too much with the other accounts you mention right now. Remember statute barred is an absolute defence. If you look at Sandy's case that was recently won despite the Lowlifes arguing that it wasn't SBd, you will see they were put to strict proof to show it wasn't SBd, they tried but couldn't come up with the goods and the judge dismissed their "evidence". The burden of proof is on the CLAIMANT to show a debt is not SBd, not on you to show that it is, keep that in mind. :thumb:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Issue date was on the 29/7/2015

According to timings website 33 days is 31st of August.

I am finally getting around to CCA and CPR but do I also need to include a statute barred letter?

Looking at Sandy's claim, I am not looking forward to Lowells dirty tricks :-(

I noticed that Sandy got her bank statments together, should I attempt to get my current account statments to show that all my money had been going into that accouny and that I hadn't paid anything into any Lloyds accounts and should I attempt to get any Lloyds statements? I feel like I need to cover my back as much as possible, just incase. When I am put on the spot I don't think very well, so I need to prepare as best as possible.

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Also with the postal order, do I make it out to Lowell? (I have never sent a postal order before) so do I sign it? And where do I put that it is for the fee only?

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

Issue date was on the 29/7/2015

According to timings website 33 days is 31st of August.

I am finally getting around to CCA and CPR but do I also need to include a statute barred letter?

Looking at Sandy's claim, I am not looking forward to Lowells dirty tricks :-(

I noticed that Sandy got her bank statments together, should I attempt to get my current account statments to show that all my money had been going into that accouny and that I hadn't paid anything into any Lloyds accounts and should I attempt to get any Lloyds statements? I feel like I need to cover my back as much as possible, just incase. When I am put on the spot I don't think very well, so I need to prepare as best as possible.

The CCA and CPR requests are specific add nothing to them whatsoever.

Yea certainly get all the statements you can.

nem

[Kati]

Re: CCJ Claim form...HELP PLEASE!!!!

Also with the postal order, do I make it out to Lowell? (I have never sent a postal order before) so do I sign it? And where do I put that it is for the fee only?

Yep make the postal order payable to Lowells. There's no need to sign a PO, but make sure it's crossed (ask at the post office

write "for statutory fee only" on the back xx

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Issue date was on the 29/7/2015

According to timings website 33 days is 31st of August.

I am finally getting around to CCA and CPR but do I also need to include a statute barred letter?

No, that will be part of your defence when you submit it. :typing:

Looking at Sandy's claim, I am not looking forward to Lowells dirty tricks :-(

Dirty tricks, yes, but who won? :grin:

I noticed that Sandy got her bank statments together, should I attempt to get my current account statments to show that all my money had been going into that accouny and that I hadn't paid anything into any Lloyds accounts and should I attempt to get any Lloyds statements? I feel like I need to cover my back as much as possible, just incase. When I am put on the spot I don't think very well, so I need to prepare as best as possible.

Definitely! Even though the onus is in them to show it's not SBd, it always help to be prepared in case they come up with a phantom payment. You may want to sent a SAR to Lloyd's if you haven't got your statements. You may not receive it before your defence is due (they have 40 days to respond) but it will be some time after you submit your defence when you have to go to court, if it goes that far, so you should have them by then. :thumb:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you all for your replies, I typed up letters today, just need to get postal order and send them off tomorrow.

Flamingparrot- fingers crossed I get the same outcome!

I didn't know I could do an SAR, I will look into that tomorrow. At least that way I will know excatly what is what that way.

Thank you all for your help, I am feeling calmer (for now!) Xx

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you all for your replies, I typed up letters today, just need to get postal order and send them off tomorrow.

Flamingparrot- fingers crossed I get the same outcome!

I didn't know I could do an SAR, I will look into that tomorrow. At least that way I will know excatly what is what that way.

Now you do. :grin: See below a letter I've used a number of times. It needs sending with a £10 cheque or PO which is the statutory maximum fee for the SAR, and should be sent recorded delivery so you can track it. As I said earlier, they have 40 days to reply so you may need to submit your defence before you get the statements (unless you get an extension agreed with the claimant's solicitors) but you only have to state it's SBd in your defence, not to supply proof. :thumb:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

Thank you all for your help, I am feeling calmer (for now!) Xx

That's what we like to hear! :ranger: