in court on Friday 17th please Help

[jackreacher]

hi everyone.. I have been worried about a striking out by Idem on Wednesday the 8th.

Best Regards

Jack

[CleverClogs]

Re: Newbie coming in for help

Eh?

Could you possibly explain in more detail what is bothering you?

[jackreacher]

lloyds unenforceable T&C's ??

Complete Newbie here..

I have had this through from lloyds and am confused as to their usefulness. I have my hearing next week..

I have noticed there are no Default penalties

Also they have admitted they can not produce a default notice for court although claim one was sent in Jan 2011.. I can not understand why they can not reproduce one? Even they have provided a document in their evidence showing when it was made/raised. Surely They can not enforce..


Thanks..

[jackreacher]

Re: lloyds unenforceable T&C's ??

Hi guys I am looking for views on this..

[Amethyst]

Re: lloyds unenforceable T&C's ??

Did you get a copy of the signed agreement as well as these terms ? any other terms ? Is that all you have received, and was this sent off the back of a formal s.78 request or under CPR 31.14 ?

You mentioned previously you were concerned about a strike out on the 8th but I can't see any further details. It would really help to have a better idea of what this is regarding ? Presumably Lloyds are claiming against you in the small claims court ?

[Guest]

Re: lloyds unenforceable T&C's ??

Hi
Unfortunately they do not have to keep a copy of information notices like the default(DN) although you can put them to proof that one was sent, they usually do this by reference to an account activity log(if pushed), the court will decide on probability who to believe, to be honest I would not depend on this for any deference.

Is there anything else that you are relying on ?

[jackreacher]

in court on Friday 17th please Help

n Court Friday T&C's Check please..

I I have an alleged credit card debt with Lloyds totalling nearly £10,000.. Dating back to Jan 2003

I got into trouble with the repayments and agreed a lesser amount that I started paying without missing a payment. During this time it was taken over by BLS collections. Which surprised me!

I did the 3 letters and the 4th and now it is back with lloyds. Taken over in House by SCM?

I received no default notice.. this is admitted by lloyds but as proof have enclosed a copy of the Banks computer record.This shows one was made on the computer in Feb 2011 They claim in thePOC they can not reproduce another and I find this hard to believe.
So How does this affect my case?

I have received No termination letter although they state the account was closed July 2011 .Non In their POC

I have received no notice of assignment.. Non in their POC

I have made a counter claim .. however in their defence of the counter claim they refer to the enclosed agreement dated 1997 Not at all the same agreement date as the claim which was 2003... It was not even enclosed.




The only exhibits are (1) agreement dated 2003 (2) T&C's (3) computer record showing default notice

I would be grateful for all and any help..

regards jack

[Amethyst]

Re: in court on Friday 17th please Help

Hi Jack, I have merged your threads. Keeping things together will really help people assist you. Thanks, Sharon

[Amethyst]

Re: in court on Friday 17th please Help

What 3 letters did you do ?

I've taken off your agreement as your address shows through, I shall anonymise and pop it back up.

[Amethyst]

Re: in court on Friday 17th please Help

Credit Agreement attached xx

[FlamingParrot]

Re: in court on Friday 17th please Help

Credit Agreement attached xx

I can't see it, got an 'Invalid attachment specified' message. :noidea:

[Amethyst]

Re: in court on Friday 17th please Help

I've put it enlarged as an image - can you see it now?

(nb. the terms and conditions are on one of the other PDF's)

[Sparkie1723]

Re: in court on Friday 17th please Help

Taken from Jacks post 7

I did the 3 letters and the 4th and now it is back with lloyds. Taken over in House by SCM?.

SCM no longer exist they were removed from the Law Societies Register in AUgust 2011.............. I have had that confirmed by the SRA...............operating under the name of SCM Lloyds are in my opinion are committing a serious alleged criminal offence......report this to the SRA ASAP.
It is also an alleged criminal offence under the Administation of Justice Act and the Companies act ...posing as a legitimate body.

SCM just do not exist

Sparkie

I am not a qualified legal person get advice and assistance from someone who is

[Amethyst]

Re: in court on Friday 17th please Help

What is your counterclaim for ? ( posting up a copy and of their response would be a good idea)

[jackreacher]

Re: in court on Friday 17th please Help

hi guys and thanks..

I seek to rely on, that in the claim they refer to the agreement dated 2003 and provided T&C's

In the defence to my counter claim they refer to an agreement dated 1997. and T&C's in the defence to the counter claim docoment

No termination notice and no NOA..

They provided documention that the debt was passed to a 3rd party BLS.

Oh! and anything else you can think of..