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My situation
Received POC, replied with deferred defence (was still waiting for response to s78, CPR31, and SARs).
POC states written agreement with LTSB but no date.
CCA 1997 (as per LTSB's own memo line, as part of initial SARs request)
Requests for original contract made, however Recon's received via s78, CPR and SARS. (not signed, just typed up bits of paper - and Carey quoted)
CPR also requested DN and other doc’s on the POC
Original DN not provided, advised they do not keep them and sent recon of DN instead.
Statements sent, but not from inception, did not include first 3 years. Told by SCM solicitors that im lucky as they do not have to provide more than 6 years worth of statements and they have sent me 11years!
SARs established that additional statements also missing.
Dispute
Recon has errors
Running credit at inception different to that stated on their own memo line
And interest rate(s) not covered on the recon for the running credit allegedly provided at inception
Last update beginning of May, cannot locate original contract, but if I want another copy of the recon, then I need to contact card services!!!
Card services when chased advised would not enter into further correspondence on the matter as they feel they have fulfilled their s78 obligations by provision of the recon.
SARs failed to answer my query by providing info of what they were doing to locate an original, and talk about keeping records only on digital and ‘relevant files’ without specifying what ‘relevant files’ they are referring to.
Also I noted that first set of SARs had additional missing info, i.e. records of telephone calls to my home phone, during April - end June, as I had suffered severe telephone harassment. Wrote to request the memoline for this period, this time got an grossly edited memoline version back with all the telephone contact to me omitted. H The original memoline sent showed a high number of calls to me over a 4 month period between July - end October. This time, in response to my follow up request they asked me for the dates and times of contact so that they could check their records and provide the information!!! I had assumed that they would have to provide all the information regardless as part of my SARs request???
In any event SCM advised that they were applying for a SJ, however notification came through from my local court advising that a hearing was pending in June, but without specifying what type of hearing. No other docs were included. I was expecting copies of the docs that LTSB are reliant on, to be included, and info about dates to submit a defence, info about disclosure AQ's etc, but nothing.
im not even sure what type of hearing I need to turn up for? full or SJH
Questions
should i again write via SARs and request which type of relevant files there are referring to, and to answer specifically my question as to whether or not they are in a position to 'locate' an original agreement? especailly as my case is a pre 2007.
Can I contact the court and ask if the case is to be a SJH or full hearing?
Can I even at this stage let LTSB know (without being specific) that I feel their recon is unenforceable? (if it is?) by letter suggesting they withdraw?
How do I approach/word my defence as surely the errors are a breach of the ‘prescribed terms’ let alone the fact that to date they say they are unable ‘to locate’ a copy of an original agreement.
Am I allowed to submit a defence a minimum of 7 days prior to the hearing? The court notification doesn’t state this? Just says I need to turn up and the time!!!
If I am not allowed to submit a defence or amended defence ( I didn’t know about the errors to the recon at the time of submitting my defence as I had not yet received the docs from Lloyds/their solicitors). will I only be given the opportunity to do so during the hearing?
If I disclose the errors to LTSB during the SJH (if it is a SJH) can they then rectify the situation later at a full hearing?
Can i oppose a full hearing if i am successful at a SJH?
Are LTSB ‘out of time’ with the CPR provision of docs? as the request was originally made at the beginning of March (ish)
Is it possible for me to request that they confirm in writing that what they have sent by way of the recon they feel is a ‘true’ copy of the alleged original?
Assistance and advice greatly appreciated.
Received POC, replied with deferred defence (was still waiting for response to s78, CPR31, and SARs).
POC states written agreement with LTSB but no date.
CCA 1997 (as per LTSB's own memo line, as part of initial SARs request)
Requests for original contract made, however Recon's received via s78, CPR and SARS. (not signed, just typed up bits of paper - and Carey quoted)
CPR also requested DN and other doc’s on the POC
Original DN not provided, advised they do not keep them and sent recon of DN instead.
Statements sent, but not from inception, did not include first 3 years. Told by SCM solicitors that im lucky as they do not have to provide more than 6 years worth of statements and they have sent me 11years!
SARs established that additional statements also missing.
Dispute
Recon has errors
Running credit at inception different to that stated on their own memo line
And interest rate(s) not covered on the recon for the running credit allegedly provided at inception
Last update beginning of May, cannot locate original contract, but if I want another copy of the recon, then I need to contact card services!!!
Card services when chased advised would not enter into further correspondence on the matter as they feel they have fulfilled their s78 obligations by provision of the recon.
SARs failed to answer my query by providing info of what they were doing to locate an original, and talk about keeping records only on digital and ‘relevant files’ without specifying what ‘relevant files’ they are referring to.
Also I noted that first set of SARs had additional missing info, i.e. records of telephone calls to my home phone, during April - end June, as I had suffered severe telephone harassment. Wrote to request the memoline for this period, this time got an grossly edited memoline version back with all the telephone contact to me omitted. H The original memoline sent showed a high number of calls to me over a 4 month period between July - end October. This time, in response to my follow up request they asked me for the dates and times of contact so that they could check their records and provide the information!!! I had assumed that they would have to provide all the information regardless as part of my SARs request???
In any event SCM advised that they were applying for a SJ, however notification came through from my local court advising that a hearing was pending in June, but without specifying what type of hearing. No other docs were included. I was expecting copies of the docs that LTSB are reliant on, to be included, and info about dates to submit a defence, info about disclosure AQ's etc, but nothing.
im not even sure what type of hearing I need to turn up for? full or SJH
Questions
should i again write via SARs and request which type of relevant files there are referring to, and to answer specifically my question as to whether or not they are in a position to 'locate' an original agreement? especailly as my case is a pre 2007.
Can I contact the court and ask if the case is to be a SJH or full hearing?
Can I even at this stage let LTSB know (without being specific) that I feel their recon is unenforceable? (if it is?) by letter suggesting they withdraw?
How do I approach/word my defence as surely the errors are a breach of the ‘prescribed terms’ let alone the fact that to date they say they are unable ‘to locate’ a copy of an original agreement.
Am I allowed to submit a defence a minimum of 7 days prior to the hearing? The court notification doesn’t state this? Just says I need to turn up and the time!!!
If I am not allowed to submit a defence or amended defence ( I didn’t know about the errors to the recon at the time of submitting my defence as I had not yet received the docs from Lloyds/their solicitors). will I only be given the opportunity to do so during the hearing?
If I disclose the errors to LTSB during the SJH (if it is a SJH) can they then rectify the situation later at a full hearing?
Can i oppose a full hearing if i am successful at a SJH?
Are LTSB ‘out of time’ with the CPR provision of docs? as the request was originally made at the beginning of March (ish)
Is it possible for me to request that they confirm in writing that what they have sent by way of the recon they feel is a ‘true’ copy of the alleged original?
Assistance and advice greatly appreciated.
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