Biggs V Lloyds TSB credit card

[swepstone]

Re: Biggs V Lloyds TSB credit card

mochamoo

Thanks that sounds good I will let you know
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Amethyst

I took the letter to the court and handed it in rather then posting it. The clerk admited that the charge hearing should never have been set. This was also a chance to put forward my preferance which is November as i said that the October date was too soon and did not give me enough time to prepare and she agreed.

I also got a letter from the land registry. On there docs it says that you can have it un registered if you are in disspute over the claim so I will write them a letter explaing the current situation.

Please can you give me the details of what needs to go into the witness statement,

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Basically if this first hearing goes ahead you just need to out line the case and the dispute/set aside and why the charge should remain as interim in the meantime. I don't think you will need to do one for this hearing as it should be put back so give it a week, call the court and see if the judge has looked at your letter and then if it is still going ahead we can work on something

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst


Thanks I will let you know when I hear from the court.

[swepstone]

Re: Biggs V Lloyds TSB credit card

mochamoo

The court date is on the afternoon of the 18th of November. Please let me know if you are available to come to court with me.

Thanks
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Amethyst

We got a result after the court messed up again I had to phone them to chase them up as I had not heard anything. They then phoned me back and said that it had been agreed to move it to the afternoon of the 18th. So now both hearings are together one for the interim charge order and the my defence hearing,

Do we still need to do a witness statement?

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Are you there I sent you a message.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Thats good news

Yes we can do a witness statement covering both aspects. have till around 4th november to put it in if both being heard on 18th, will help you over the weekend.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Thanks for comming back to me. Can you put together an outline of the structure for the statement and then I can start filling it in.

Thanks

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Will pop something up in a while - we really have to get the defence points into the set aside part incase he wants to consider it all at the hearing so am going back through entire thread and sorting out main points which need making so bear with me this evening xx

[Amethyst]

Re: Biggs V Lloyds TSB credit card

This is exceedingly rough.......a very basic starting point.

Claim Number: 6XR86392

In the xxxxxxxxxx County Court

Between:

xxxxxxxxxxxxxxxxxxx

Claimant

-and-

Lloyds TSB Bank PLC

Defendant

WITNESS STATEMENT OF DEFENDANT

For hearing 18th November 2009

I am the Defendant in this case and submit this witness statement in support of my application.

I originally filed the application on xx/xx/xxxx for the following reasons:-

• apply for an order to have the judgment set aside.
• submit an amended particulars of claim.
  
  

On xx/xx/xxxx the claimant entered a claim in the xxxx county court to for £xxxxx regarding a loan.

On 05/12/2006 the defendant entered a defence to the court outlining an offer to make payments to the defendant in respect of the loan.

On xx/xx/xxxx the court imposed a stay on the claim pending xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

The defendant has been making payments of xxxxxxxxxxxxxxxxxxxxx from xxxxx to xxxxxx.??????????????

The defendant heard no further from the claimant from (date of stay)

In an effort to sort out his financial situation, the Defendant wrote to the claimants on xx/February 2009 asking for copies of documentation relating to the claim under section 77 of the Consumer Credit Act 2009.

The claimant responded on xx/xx/xxxx by supplying xxxxxxxxxxapplication form - explain why doesn’t comply with CCA etc xxxxxxxxxxxxxxxxxxxxxx.

The claimant wrote to me on 12th June indicating they intended to progress with the court action.

On 23rd June the court ? lifted the stay and ordered a hearing on xx/July 2009.

On xxx July the defendant entered submissions to the court by way of letter (attached) outlining xxxxxxxxxxx

24th July General form of judgment or order striking out defence and giving judgment to the claimants etc
On xxxxxxx the Defendant entered the application to request the judgment be setaside due to xxxxxxxxxxxxxxxxxxxxxxxxxxxx

On XXXxxxxx the claimants applied for a Charging order over my property at ADDRESS
An interim charge was granted on xx/xxx/xxxx and a hearing ordered

On xxxxxxx the defendant wrote to the court requesting the hearing for the Final Charge be postponed until after the hearing to set aside the judgment.

The Defendant respectfully requests that the Court allow the Defendant to enter a properly particularised defence to this claim and to the Claimants application to strike out the defence entered in December 2006.

??????Order the Claimants to supply credit Agreement.

The Defendant also requests the court deny the claimants application for a Final Charge over the defendants property.

If the court does not agree that the defendant should be able to further particularise his defence of the claim, the defendant requests the court order a redetermination hearing to set reasonable monthly payments

Statement of Truth

I, the Claimant and applicant, believe all facts stated in this Witness Statement to be true.




Signed: Dated:

We need to work on this together get all the dates and whatnot correct and then Curly can concentrate on the application form and CCA parts with you. I'm really not sure what the position has been since 2006 and the offer to pay and Febraury this year when you sent the CCA request.

I think we should have the defence we are asking to submit ready and attached to this too.

so yes needs a lot of work, have picked up as much as I can from the thread. I still don't know what reasons Lloyds gave for applying to strike out your original defence ? or what the original court order that stayed the claim said ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

Mochamoo

The court date is the 18th of November in the afternoon so we could meet for lunch.

Swepstone

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst


Please find attached first draft asI have filled in the dates as requested. Please review and let me know what you think.

Also one other thing that sprung to mind is that at on point the card was cleared by an insurance claim. Do they have an obligation at that time with knowing the situation that I was out of work at the time to have put restriction on the credit limit.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Hi

Will have a proper read through tmw for you

No they have no obligation to restrict your credit limit (I guess they may do if there were serious mental health issues etc as it could be construed as irresponsible lending but otherwise no - tho hopefully their obligations in this respect will change over coming months)

Ame
xx

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Okay we need to go through this bit by bit. Can you upload the CCA again please or email it to me as I can't locate it on the thread.

Do you have your credit card statements/list of transactions for the credit card ? It might also help to know a bit more about the insurance claim/dates etc and how the balance acrued following this.

Need to look at bits in red



================================================== ================


I originally filed the application on 05/12/2006 This should be the date of your latest application (ie August 2009) for the following reasons:-
 Apply for an order to have the judgment set aside.
 Submit an amended particulars of claim.

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On 01/12/2006 the Claimant entered a claim in the Northampton county court for £17,253.00 regarding a Credit Card reference xxxxxxxxxxxxxxxx.

On 05/12/2006 the Defendant entered to the court an offer to pay the Defendant installments of £25 per calendar month to in respect of the outstanding balance due on the account. This was all the Defendant was able to afford at that time and due to his circumstances had been previously making payments of £25.00 per month from 13/03/2005 to 13/05/2005.

On 11/01/2007 the court imposed a stay on the claim pending further discussion over payment schedule as the Claimant had declined the offer made.

The Defendant heard no further from the Claimant.

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[Amethyst]

Re: Biggs V Lloyds TSB credit card

How much is your house currently valued at and what is your outstanding mortgage on it ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Why do you need to know this???????????

It is valued at 350,000

and I owe 212,000