County Court Claim Rec'd From Lloyds

[Quo Vadis]

Hi,

I asked Lloyds to provide a copy of a CCA in 2009 in relation to a credit card taken out with another company in the 90's (that was later sold to Lloyds) as I had an issue with it.

Lloyds could not provide any agreement whatsover and the account went into 'Dispute'.

Nothing happened for ages.

This week I have suddenly received a County Court claim with the following particulars of claim:

• By an agreement in writing and regulated by the Consumer Credit Act 1974, the Claimants issue to the Defendant a Lloyds TSB Platinum Card, for the purpose of the Defendant acquiring goods/services on credit.

• The agreement provided that the Claimants would furnish the Defendant with a monthly statement showing the balance currently due, the minimum payment to be made and the date for payment. If the balance was not paid, then provided the Defendant made the minimum payment on or before such date, the remainder of the balance should remain outstanding and the Defendant should pay interest upon it per month in accordance with the agreement.

• In breaching the agreement, the Defendant failed to make payment and on XX/XX/XX the Claimants issued a Default Notice pursuant to Section 87(i) of the Consumer Credit Act 1974.

• On XX/XX/XX the Claimants did issue a Formal Demand to the Defendant.

• THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT: **XXXX.XX

Any guidance is welcomed ..... I have acknowledged the claim.

[WendyB]

Re: County Court Claim Rec'd From Lloyds

Did you stop paying when they didn't provide the CCA?
Did you receive the DN and subsequent formal demand?

What action did you take re the DN etc?

I'm not an expert on CCA, but when the experts arrive they will want to know the answers to those questions before advising.

[Angry Cat]

Re: County Court Claim Rec'd From Lloyds

You must make a request for disclosure of documents under CPR Part 31.14:
http://www.justice.gov.uk/civil/proc...rts/part31.htm
Please, send your request Royal Mail Special Delivery service; keep copies.

You cannot submit your defence, until you are in receipt of the docs. upon which the Claimant's case relies upon.

It will also, be necessary to apply to the court for an extension.

[Quo Vadis]

Re: County Court Claim Rec'd From Lloyds

You must make a request for disclosure of documents under CPR Part 31.14:
http://www.justice.gov.uk/civil/proc...rts/part31.htm
Please, send your request Royal Mail Special Delivery service; keep copies.

You cannot submit your defence, until you are in receipt of the docs. upon which the Claimant's case relies upon.

It will also, be necessary to apply to the court for an extension.

Thanks for that - that was the plan - guess I wanted a bit of reassurance. Is there any point in asking questions under a CPR 18 concerning original dates, signatures, APR's, etc?

[basa48]

Re: County Court Claim Rec'd From Lloyds

Thanks for that - that was the plan - guess I wanted a bit of reassurance. Is there any point in asking questions under a CPR 18 concerning original dates, signatures, APR's, etc?

I'd wait to see what the CPR 31 requests turns up. You may have more questions following that.

[Angry Cat]

Re: County Court Claim Rec'd From Lloyds

I'd wait to see what the CPR 31 requests turns up. You may have more questions following that.

Exactly!
http://www.justice.gov.uk/civil/proc...rts/part18.htm

[ncf355]

Re: County Court Claim Rec'd From Lloyds

AC,

given we dont know the OP's balance, could CPR 31.14 not be denied due to it being small claims (if claim is 5k or under) via CPR 31.1(2)

?

[Quo Vadis]

Re: County Court Claim Rec'd From Lloyds

AC,

given we dont know the OP's balance, could CPR 31.14 not be denied due to it being small claims (if claim is 5k or under) via CPR 31.1(2)

?

Thanks for your interest. Yes, the total is just under £5k. Is it still worth submitting one and can I send a CPR 18 later?

[ncf355]

Re: County Court Claim Rec'd From Lloyds

I'm not 100% sure, but I would imagine the judge could still rule disclosure if you apply for it

[Angry Cat]

Re: County Court Claim Rec'd From Lloyds

http://www.goughsq.co.uk/documents/l...disclosure.pdf

[ncf355]

Re: County Court Claim Rec'd From Lloyds

Aha,

so Part 18 would seem appropriate then?

[Quo Vadis]

Re: County Court Claim Rec'd From Lloyds

Reading the link above it appears that CPR 18 may not be appropriate for small claims. Anyway I have sent one off ..... I'll see what happens and submit the appropriate 'embarrassed defence' and apply for an order where appropriate.

Thanks to all!

[charitynjw]

Re: County Court Claim Rec'd From Lloyds

You could SAR them

http://www.ico.gov.uk/for_organisati...onal_data.aspx

[Quo Vadis]

Re: County Court Claim Rec'd From Lloyds

Yes, thanks for that. I will wait until Friday and send in my 'embarrassed' defence but I may well do as you suggest as well.

[Angry Cat]

Re: County Court Claim Rec'd From Lloyds

You really should NOT submit the embarassed defence, until you are in receipt of all documents that the claimants case relies upon.