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Hi All
This is my first thread ever but I have been following this site for some years, I will try to explain the situation the best I can.
I first asked Lloyds TSB for my CCA in August 2009, they did not comply and I followed up with a SAR, again they ignored this and kept harassing me for payment and adding interest to the account even though my understanding was that the account was now in "dispute" and they could not do this. In August I sent them a CPR request and they finally after 2 years sent me my CCA which is totally unlegible and the only item that ca be read is my signature on what is an application form for a credit card, I then sent them the template letter that the document was not legible and they had to provide me with a legible document.
In August 2011 I received a summons to appear at court for the debt, the hearing was in November and I did attend and asked that the judgement be set aside as no default notice was ever sent to and the freelance solicitor who was acting for SCM Solicitors did not have one and could not provide a copy to the court. The judgement to my delight was "set aside" because of the default notice not being sent. The Judge also said that "The law dictates that if a Defendant only has a fanciful chance of winning then the Court would not set aside the judement but in his opinion I had every chance of winning the case and that was why he was setting aside the judgement". As you can imagine the other side were not happy and pressed the court for costs but the Judge was having none of it and they left the court not happy people.
My problem now is that the Judge has asked me to prepare a defence for round 2 by 09/12/11 and that is why I am here today asking for help.
In summary, Lloyds have sent me a CCA but it is not legible and they have been informed of this but not replied to me.
Can somebody please advise me of what my court defence should be, because based on what the Judge said I could win this case but he gave me no indication of how to win the case and I have no idea of how to prepare my defence.
Also can I ask the courts to remove any interest on this account that was added after the the "Account was in dispute" bearing in mind that it took 2 years to send me the CCA, interestingly when I arrived at court the other side did have a totally legible CCA which was completely different to the copy that I had and they could not answer the question why their document could be read but mine could not.
Any advice greatly welcomed, especially as the Judge that heard my case seemed to be on our side and was scathing of Lloyds TSB and all other Banks I might add.
This is my first thread ever but I have been following this site for some years, I will try to explain the situation the best I can.
I first asked Lloyds TSB for my CCA in August 2009, they did not comply and I followed up with a SAR, again they ignored this and kept harassing me for payment and adding interest to the account even though my understanding was that the account was now in "dispute" and they could not do this. In August I sent them a CPR request and they finally after 2 years sent me my CCA which is totally unlegible and the only item that ca be read is my signature on what is an application form for a credit card, I then sent them the template letter that the document was not legible and they had to provide me with a legible document.
In August 2011 I received a summons to appear at court for the debt, the hearing was in November and I did attend and asked that the judgement be set aside as no default notice was ever sent to and the freelance solicitor who was acting for SCM Solicitors did not have one and could not provide a copy to the court. The judgement to my delight was "set aside" because of the default notice not being sent. The Judge also said that "The law dictates that if a Defendant only has a fanciful chance of winning then the Court would not set aside the judement but in his opinion I had every chance of winning the case and that was why he was setting aside the judgement". As you can imagine the other side were not happy and pressed the court for costs but the Judge was having none of it and they left the court not happy people.
My problem now is that the Judge has asked me to prepare a defence for round 2 by 09/12/11 and that is why I am here today asking for help.
In summary, Lloyds have sent me a CCA but it is not legible and they have been informed of this but not replied to me.
Can somebody please advise me of what my court defence should be, because based on what the Judge said I could win this case but he gave me no indication of how to win the case and I have no idea of how to prepare my defence.
Also can I ask the courts to remove any interest on this account that was added after the the "Account was in dispute" bearing in mind that it took 2 years to send me the CCA, interestingly when I arrived at court the other side did have a totally legible CCA which was completely different to the copy that I had and they could not answer the question why their document could be read but mine could not.
Any advice greatly welcomed, especially as the Judge that heard my case seemed to be on our side and was scathing of Lloyds TSB and all other Banks I might add.
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