Biggs V Lloyds TSB credit card

[Tools]

Re: Biggs V Lloyds TSB credit card

You mentioned that you had received papers from the Land Registry, that Lloyds already had an interim charging order and that they were applying for a final charging order, the equity in your house is relevant to this case. The question was in order to get a clearer picture.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Please find the CCA docs you asked for as for the statements i only have the ones that Lloyds sent to me when I asked for the CCA and they are not all of them and they dont show when the insurance paid off the account.

The insurance was paid in and 04/05

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

I have made those changes to the witness document.
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Amathyst

I do notice that the statements only show upto a point and show some insurance payments but they seem to have left out the payment that clears the loan.

[Tools]

Re: Biggs V Lloyds TSB credit card

swepstone, may I just point out that it is not necessary to use the report button each time you make a post. When a new post is made on a thread it automatically updates in each users "New Posts" list.

You will receive a reply as posts are worked through by everyone in turn, sometimes a little patience is needed.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Okay thanks for those.

Will get rest of WS up to scratch now

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Have left it in your words as it will be you having to argue the case in court and you have to understand your arguments. If the set aside is granted and you are able to defend your case on the basis of the application form then I think you may need further help. This is not a small amount and you do have costs risks associated The charge over your house doesnt swallow up all the equity and with a sensible redetermination of monthly payments it should be manageable.


------------------------------------------------------------------------


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 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.

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

2: 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.

3: 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.

4: The Defendant heard no further from the Claimant.

5: In an effort to sort out his financial situation, the Defendant wrote to the claimants on 04 February 2009 asking for copies of documentation relating to the claim under section 77 of the Consumer Credit Act 1974 (CCA).

6: The Claimant responded on 12 June 2009 by supplying a Lloyds’s credit card application form. The documentation fails to comply with the Consumer Credit Act 1974. S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1).

7: The claimant wrote to me on 12th June 2009 indicating they intended to progress with the court action.

8: On 23rd June the court lifted the stay and ordered a hearing on 24 July 2009.

9: On 17th July 2009 the Defendant entered submissions to the court by way of letter (attached) outlining the reason for the case to be precluded from court action as it was in dispute and pointing out that the claimant had failed to provide documentation to support there claim in line with the CCA.

10: On 24th July 2009 General form of judgment or order striking out defence and giving judgment to the claimants.

11: On 14th August 2009 the Defendant entered the application to request the judgment be setaside due to not being able to attend court. I sent submissions into the court in advance of the hearing outlining my further defence and response to the request by the claimants to strike out my original defence however this was not taken into account.

12: On 28th August 2009 the claimants applied to the Land Registry for a Charging order over my property at ADDRESS

13: An interim charge was granted on 4th September 2009 and a hearing ordered.

14: On 24th September 2009 the Defendant wrote to the court requesting the hearing for the Final Charge be postponed until after the hearing to set aside the judgment.

15: 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.

16: The Defendant also respectfully requests the court order the Claimants to supply true copy of the original Credit Agreement in line with the requirements as stated in the consumer credit act 1974.

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

18: If the court does not agree that the Judgement be set aside and 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.

19: The Defendant is a litigant in person and is of limited means and asks the court take this into account when making a decision in this case.

Statement of Truth

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




Signed: Dated:

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Have been thinking about your case, and as the CCA is quite complex and I dont feel you are confident in the application of the CCA and as your home is at risk if you don't get redetermination and the Judge doesnt agree with the CCA arguments, then I think you should consider getting a solicitor familiar with the consumer credit act and unenforceable agreement cases on board to assist you. Some of these will take their fees from costs awarded by the court and some will take a % after the judgment. n There are as you have probably seen a number of test cases being argued by top lawyers and barristers on similar grounds so you can seee how complicated these arguments can be. If you do feel confident enough to argue the CCA points in court then we will help all we can.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

I do take on bouard what you are saying and I do feel confident with the CCA and the main thing I think I need to do is stay calm and proffecinal. Stick to the main facts that are wrong on the CCA. Refer to the CCA as supporting my claim.

Any further advice that you might like to add.

Also if they did win and succeed in applying the charge in the overall equity of the house this is just a small amount.

Now my understanding is that charging orders are apllied so that they then know that one day they will get there money but only if I was to sell and all the time I make the morgage payments there is little else they can do. That is my understanding.

[Mochamoo]

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

I've got a project on the morning but will be finished by 11, so I've time to get home and get the mud and twigs out of my hair and put more suitable clothes on lol Ive blocked the rest of the day off so I can focus on my court cheerleading role

[Tools]

Re: Biggs V Lloyds TSB credit card

I've time to get home and get the mud and twigs out of my hair and put more suitable clothes on lol Ive blocked the rest of the day off so I can focus on my court cheerleading role

I think I may take the day off to see that one too.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Mochamoo

That sound great I will call you some time after 11 and sort out where to meet.
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Amathyst


Please can you respond to the message I sent to you.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Amethyst

I do take on bouard what you are saying and I do feel confident with the CCA and the main thing I think I need to do is stay calm and proffecinal. Stick to the main facts that are wrong on the CCA. Refer to the CCA as supporting my claim.

Any further advice that you might like to add.

Also if they did win and succeed in applying the charge in the overall equity of the house this is just a small amount.

Now my understanding is that charging orders are apllied so that they then know that one day they will get there money but only if I was to sell and all the time I make the morgage payments there is little else they can do. That is my understanding.

Excellent

Yes you are right on the charging orders - they can only try for a sale order if you miss payments ordered by the court so as long as you keep those, and your mortgage payments, up.

[Mochamoo]

Re: Biggs V Lloyds TSB credit card

Mochamoo

That sound great I will call you some time after 11 and sort out where to meet.

Slight hiccup - I have swine flu - billions of times better than i was yesterday(tamiflu is a miracle cure) but still not feeling great. I should be OK by wednesday but not meant to leave the house till thursday....I am happy to come with but want to make sure you are ok with it...

[swepstone]

Re: Biggs V Lloyds TSB credit card

Mochamoo

Look I am fine with that i did try to call you today on your mobile and I sent you a message as well but did not get a reply.

Re the flue that is fine and yes I would still like you to come for support as it is always better to have an extra pair of eyes on things like this.

So do you feel better now.
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Mochamoo

My mobile is 07766331195
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Amethyst

Is there anything else that I need to know for court on Wednesday

[Budgie]

Re: Biggs V Lloyds TSB credit card

Good luck with this afternoons hearing swepstone.

Let's hope that you are succesful with the set aside request

Budgie