Biggs V Lloyds TSB credit card

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben Please post a reply

[Curlyben]

Re: Biggs V Lloyds TSB credit card

It's a little difficult to know what to say without knowledge of what the application is asking for.
Could you give the court a call and find out what it's for ?

I have a feeling, they are trying to have the case reinstated after the 3 year stay, but not 100%.

Don't worry as we have plenty of time to respond, but better to strike early.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

You are correct they are trying to get the case reinstated as that is also my understanding. I will call them and ask what it is that they are claiming but from my understanding they are claiming for default of payment and for payment of the total ballance.

I know that there was not much more wording then that.

The case was then stayed as I said that I needed time to produce a plan as I was out of work at the time.

That is were it ended with the courts involvement and at the time I was not aware of the CCA and the rules as I am now. I had also not seen that application form that is flawed on so many counts that the account should not of been in place at all. I mean any corrections to a document without agreement makes any legal document void, that is my understanding.

Does it have any bearing that they did not do anything for three years.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

The fact the case has been stayed for so long with no activity doesn't bode well for the possible reinstatement.
At then end of the day that is up to the Judge hearing the application.

If you could get hold of the actual application it would be very useful and help with wording a response to the court.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

I phoned the court this morning and have asked them for the documentation. They said that this is a strange case as nothing has happened for over two years. They said that the application is to have the stay lifted on the grounds of no action from me for over two years.

They said that i had up to the hearing date to file defence against the stay being lifted. I would think that we would be able to do that on the grounds on incomplete CCA.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben please answer my note

[swepstone]

Re: Biggs V Lloyds TSB credit card

Are you there Ben

[Curlyben]

Re: Biggs V Lloyds TSB credit card

Need to know what the order actually says before we can respond properly.
Did they say that a copy was being sent over ??

[swepstone]

Re: Biggs V Lloyds TSB credit card

The court said that they are posting it to me.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

cool.
We'll wait for it to arrive.
There's plenty of time.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Hi Ben

I now have the document from the court please find attached.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben r u there

[Curlyben]

Re: Biggs V Lloyds TSB credit card

So basically you have entered your defence and it was stayed waiting the response from the claimants ??

Must admit it does seem rather odd, as they'd normally make some sort of response.
So how would you like to play this.
I do think a letter to the court for opposing the application would be a good move, especially as the "agreement" is for toffee..

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben thanks for comming back to me.

As I said the hearing in July is to have the stay lifted and reinstate the claim. So is we could draft a letter and if you could give me the wording then I can add in all of the flowery bits like Ref etc. I will then send it to the court recorded delivery. The strange thing is that they have never even acknowlaged my last letter to them which would have arrived on the same day that they applied to the court.

So like I say if you can give me some words I will be ver gratefull.

Thanks Ben

[WendyB]

Re: Biggs V Lloyds TSB credit card

If you draft a letter, to the court opposing the application, then post it up here, we'll have a look at it before you send it. You will need to outline the reasons why you are opposing the application. With regard to flowery bits, just a couple of petals will do, not the whole bouquet lol. Just keep it simple and to the point. If it needs beefing up no doubt CB will put you straight.