Biggs V Lloyds TSB credit card

[swepstone]

Hi

This is my first corespondence to this forum.

I have been in dispute under the CCA with LLoyds TSB since Feb this year when after a period of no communication by them or there solicitor for 2 years they decided to ask for payment. Iasked them in feb to provide me with a cca and they came up with an excuse that they were very busy. They went way outside of the time limites as stated in the cca.

I have continued writing to them disputing there claim in line with lb guidence on wording.

On the 12th of june they sent a letter that I recieved on the 19th of june non recorded delivery normal post.

In contained a copy of an application form that said across the top signing this is in line with the CCA. This is the same as application forms as mentioned on this site. They said that I had 7 days to respond from the date of the letter wich was the 12th of june they would take further court action.

I sent the a letter in responce back to them by recorded delivery onthe 23rd of June, they would of recived it on the 24th the same day that the court hearing was issued.

My defence is that on this application form there is nothing to state how much it was for and nothing about payments or apr. Also there are two areas of correction on the form that has not been authorised by me. One of these corrections is a change by them to the account number and the other reates to me as an additional card holder that has been crossed out and also not initialled.

My understanding on these two corrections make the application uninforcable as it is now not alegal document as they have changed it without my consent.

They have issued me with a court hearing and I am not sure what I need to do next. The debt is alledgedly for 15000.

Please help

Peter biggs (swepstone

[Curlyben]

Re: Biggs V Lloyds TSB credit card

OK no worries.
So the gist is non compliant CCA and court action filed ??

Could you post the agreement and POC's please ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

Thanks for getting back to me.

I will have to scan in the application form. What is the POC that you ask for?

Also shoul I write a letter to the court stating that they are not in compliance as the case is still in disspute.

See they have been a bit naughty here in as they did not give me any time to respond but when I did I sent it recorded delivery and they would of recieved it on the same day that they intiated the court hearing.

I have not recieved any N9 form from the court for me to give my defence. There was one about 4 years ago on this same case and I did file a defence then and the case was stopped. I should be able to do that again what do you think?.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

POC - Particulars of Claim, basically their case against you.

Also date of service as there are important deadlines to adhere to.

You file Acknowledgement of Service (AoS) within 14 days and then defence a following 14 days later.

[swepstone]

Re: Biggs V Lloyds TSB credit card











Please find attached dpocs I think some might be duplicates but have sent them any way

[swepstone]

Re: Biggs V Lloyds TSB credit card




One more

[Curlyben]

Re: Biggs V Lloyds TSB credit card

Thanks for that but doc1 is the same as doc7 also your personal details are still visible on them.
You've missed off the original POC's.

Any idea what their application is for ?
I assume that doc4 is some attempt at T&C on the reverse of the application.
Is there anything linking the agreement to these T&C's ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

there is no link of the t&c's to any thing there is very little documentation from the as it from feb untill now to get any docs out of them.

Do you mean that you want me to send you copies of the letters that I have sen and should I remove my details.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

I meant the official first court papers, the Particulars of claim, as you have posted up a notice of application hearing.

Well, if that's the agreement then is terminally flawed under s127(3) and the court is precluded from enforcement action.

[swepstone]

Re: Biggs V Lloyds TSB credit card

They first issued over three years ago and I did file a defence then and it was put on hold. I dont have a copy as I think it got thrown out as I thought it was not relevant anymore.

I must admit I had thought that there case was flawed as the took so long to come up with anything. Then when they did that was all they were basing it on and with the corrections I take it that any changes to a document have to be intialed by the applicant to make it legal as i have been asked to do that on other documents where a correction has been made.

So what do I need to write to the court.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Hi Ben are you about

[Curlyben]

Re: Biggs V Lloyds TSB credit card

Always

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

You did not reply to my message about what I should write to the court.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

So all in all this case has been ongoing for a number of years while they have been allowed to produce the agreement etc.
That's a clear abuse of process and should be drawn to the courts attention.

Did they produce the documents in response to an order from the court, if so can you remember what it said ?

Also you mentioned that the case "stopped" was it stayed or struck out ?
I'm assuming this is the same claimant as the recent application..

[swepstone]

Re: Biggs V Lloyds TSB credit card

No they only produced them upon my request in Feb this year as they had not pursued it for nearly three years. The original court case was stayed as I submited a defence but I cant remeber exactly what I said as it was a long time ago.

Do I need to write to the court to get this hearing thrown out.
------------------------------- merged -------------------------------
I requested them in Feb and it took them untill now to produce the docs that i sent to you
------------------------------- merged -------------------------------
Ben

I am just a bit concerned over the timeframe and should I be sending a letter to the court in responce