lloyds ccj help please?

[MINNACK]

hi everyone

will try to give potted version as my case is complicated.

am in middle of case with lloyds bank

missed one payment - through genuinely mislaying it in the car in envelope.

the debt collector fastrack proceeded at great speed to get involved and got the claim form for ccj - and was pushing for charging order!!!

i wrote to the ceo and that got passed to a chap in compliance dept and to be fair he has been quite pleasant thus far.....

BUT - as all this was kicking off i sent off a cca and sar request - over 2 months ago.

lloyds chap wrote back and said he would get it sorted and they would put case on hold for now.

nothing as regards cca or sar has been forthcoming at all.

then he wrote - for the second time - and asked us to fill out the enclosed expenditure and asset form etc etc - which i did not.

just lately he wrote again and implied that he wont be able to assist us unless we get the forms filled out and returned to him.....now i am not so sure hes a nice chap!?

lloyds told fastrack to put into the court for an adjournment to stop proceedings - a good week before the hearing was due - but they simply did not do it.

when i called lloyds he was genuinely annoyed that fastrack hadnt done what they were supposed to. so we asked the court for an adjournment - but lloyds managed to get fastrack to ring the court straight away to sort it and evenutally they did.

i had paid a cheque for my application to the court - but as they did not need to do the work etc and as fastrack had that very morning done their job properly at last - i cancelled the cheque as i cannot afford to throw even 40 quid around!

now the court are getting nasty saying they are going to bring the charging order hearing forward if i dont pay the 40 quid!!!!!

are these people for real?

anyway

as of today - no cca, no sar, nothing

left hanging in mid air and worried as the adjournment was only until end of month.

the case is full of holes from lloyds point of view and i will fight this to the very end and even lloyds chap said i had a case to put before the ombudsman - so am getting mixed messages!!

any help advice - as always - greatly appreciated from this superb website.

so happy i found it!

all the best
MINNACK

[Undercover Elsa]

Re: lloyds ccj help please?

Ha..found you!

I've responded to your cancelled cheque query on the other thread.

So- Lloyds have postponed the hearing. SAR and CCA outstanding.

A few questions so you can get better help:

What type of account and when was it taken out?
Date on claim form
Did you send the CCA before or after the claim was issued?
Can you type out the exact particulars of claim...
Have you requested documents under CPR 31.14 at any stage?
Did you receive a default notice for this account?

Sorry for all the questions but it is all relevant

Shepherdess xx

[Undercover Elsa]

Re: lloyds ccj help please?

Got to go soon, but have attached some readingfor you. A compilation of threads, mainly by Paul, which I've put together, covering what do do if you're being sued.
It's brilliant, and I've just had a case struck out for someone using the excellent advice it contains..

[MINNACK]

Re: lloyds ccj help please?

Got to go soon, but have attached some readingfor you. A compilation of threads, mainly by Paul, which I've put together, covering what do do if you're being sued.
It's brilliant, and I've just had a case struck out for someone using the excellent advice it contains..

oh my goodness i am so happy with all the emails especially from shepherdess - i will drink it all in over the weekend and update by early next week. by the way shepherdess, i love your german shepherd, we have four dogs ourselves and love them all.xx

[CleverClogs (RIP)]

Re: lloyds ccj help please?

by the way shepherdess, i love your german shepherd, we have four dogs ourselves and love them all.xx

Have they all been trained to kill burglars robbers bank managers on sight?

[Undercover Elsa]

Re: lloyds ccj help please?

LOL they don't need training for that..it's instinctive. Mine have seen off a couple of doorstep collectors, rendering them sphincterly challenged

[MrsD]

Re: lloyds ccj help please?

so's mine, he's got a bark like the hound of the baskervilles, although he is in fact a great big soppy lump, but fleeing DCAs don't of course know that they're in danger of beig licked to death.

[MINNACK]

Re: lloyds ccj help please?

ours are great - they dont let anyone in unless we tell them to! also - nobody comes through the gate without us going out to see them etc.

we are working on training them to sniff out bank managers etc!

lol

[MINNACK]

Re: lloyds ccj help please?

Ha..found you!

I've responded to your cancelled cheque query on the other thread.

So- Lloyds have postponed the hearing. SAR and CCA outstanding.

A few questions so you can get better help:

What type of account and when was it taken out?
Date on claim form
Did you send the CCA before or after the claim was issued?
Can you type out the exact particulars of claim...
Have you requested documents under CPR 31.14 at any stage?
Did you receive a default notice for this account?

Sorry for all the questions but it is all relevant

Shepherdess xx

Good morning shepherdess,

thanks for message - i will list the answers to all your questions here:

unsecured loan and overdraft - lloyds mergered these two together when i asked them to close the bank account - i did not request this?

25/3/2011

CCA and SAR requested after received court papers/claim - as wanted to suss it all properly

PARTICULARS OF CLAIM ARE:

1. At all material times the claimant was banker to the defendant.

2. The claimant advanced money to the defendant on a business loan/overdraft account which was repayable in full on demand together with interest at the claimants variable business loan/overdraft rate currently 3.00% above base rate.

3. By letter from the claimant the defendant dated 18th january 2011 the claimant demanded payment of £5846.93 outstanding on this business loan.overdraft but repayment has not been made.

4. Interest has accrued on this account such that there is now due and owing to the claimant from the defendant on the business loan/overdraft account the sum of £446.23.

5. the claimant claims further interest on the account at the aforementioned rate being a current daily rate of £0.52.

AND THE CLAIMANT CLAIMS -

The sum of £5879.23 pursuant to paragraphs 3 and 4 above.

continuing interest pursuant to paragraph 5 above.

solicitors costs and court fees.

the claimant believes that these facts stated in these poc are true.

i am duly authorised by the claimant to sign this agreement.

NOTE - THE SIGNATURE IS UNREADABLE AND NO PRINTED NAME IS BENEATH IT SO I DO NOT KNOW WHO HAS SIGNED THESE POC?

I have also NOT used CPR 31.14

No default notice was ever received

As of today - they have a CCJ and Interim Charging Order - but as i wrote to lloyds with a complaint about how we have been treated from the start - they have not put the hearing off until end october.

i had a letter on 19th july saying that he/lloyds senior case official - was expecting the cca and sar documents within the next 14 days and he would send them immediately - BUT AGAIN I HAVE RECEIVED NOTHING.


i have a letter dated 5th october 2011 - again just saying -

"i am sorry to say that following your letter of 8th sept - (where i asked AGAIN for the CCA and SAR), - there is likely to be a slight delay in dealing with the issues you have raised, as we are currently waiting for additional information.

the reason for this delay is because i am still awaiting a copy of your medical certificate and details of your income and exp and assets, as previously requested from you in my previous letters of 10th august 2011 and 8th september 2011.

we are hoping to complete our enquiries within the coming four weeks but if we can get our response to you sooner, we will.

i do thank you for your patience so far and i hope you will feel able to bear with us for a little while longer.

signed....senior case offical - wholesale banking recoveries.

DOES HE THINK I AM STUPID OR WHAT???

the case is due for hearing on 30th october - so to wait anymore like he suggested is suicide.

i mentioned in my previous letters to him that i suffer severe depression and anxiety and that all this is making me very ill indeed. he has latched onto that and just keeps pressing me for the income/exp/medical cert - bloody cheek.

please can you help me with any of this at all?

lloyds and fastrack have treated me like sh** all along and its all because i missed on payment of £130. fastrack slammed a claim form/ccj on me and the rest is history.

now they are trying to get a unsecured loan turned into a secured loan.

i am ill yes - but i will not give in.
i want to fight this to the end - so any help would be extremely gratefully received.

all the best and thankyou for everything so far.

MINNACK XXX

[Undercover Elsa]

Re: lloyds ccj help please?

Dear me, I do feel for you Minnack, you've been through the mill haven't you?

Looking at the POC...it states "business loan/overdraft" is that correct?

Were both the loan and overdraft business accounts?

So you've already received a CCJ and interim charging order?
If so Did you respond to the claim form admitting all or did you deny and put in a defence?

Just trying to get the full picture

[MINNACK]

Re: lloyds ccj help please?

Dear me, I do feel for you Minnack, you've been through the mill haven't you?

Looking at the POC...it states "business loan/overdraft" is that correct?

Were both the loan and overdraft business accounts?

So you've already received a CCJ and interim charging order?
If so Did you respond to the claim form admitting all or did you deny and put in a defence?

Just trying to get the full picture

hi there - yeas i have been terrified about the whole thing - this and cabot dragging me through court!

anyway - answers are:

yes
yes
yes

did not respond/admit anything as i wrote to the CEO for help as the whole situation is ridiculous - he passed it to a Mr P Whiteside - Senior Case Official and he has been writing backwards and forwards with me.

i wrote to fastrack - chris moody - on the 11th july 2011 and reminded him that i had written on 11th april 2011 - offering a token payment of £10.00 per month - AND THIS WAS BEFORE JUDGMENT WAS ENTERED!!!!! HE UTTERLY IGNORED MY LETTER AND PROCEEDED TO CCJ BY DEFAULT.

all along i have simply been ignored and they have railroaded me.

hope this is usefull?
any more questions please ask as i need help urgently.

all the best
MINNACK XX

[Undercover Elsa]

Re: lloyds ccj help please?

hi Minnack, so you got the ccj by default while still trying to negotiate with them.
As it's a business loan it's obviously not as straightforward as a consumer credit issue, and I think you need some more specialist help.

If I were you I'd pm Paul as a matter of urgency and see if it's something he or his firm could help you with, if not hopefully he can point you in the right direction.
Include a link to the thread so he can take a look...

all the best,
Shepherdess x

[MINNACK]

Re: lloyds ccj help please?

hi Minnack, so you got the ccj by default while still trying to negotiate with them.
As it's a business loan it's obviously not as straightforward as a consumer credit issue, and I think you need some more specialist help.

If I were you I'd pm Paul as a matter of urgency and see if it's something he or his firm could help you with, if not hopefully he can point you in the right direction.
Include a link to the thread so he can take a look...

all the best,
Shepherdess x

hello there

ok will do - have just done that - though not sure how to send the link of what we have been talking about - with all the information?

will wait and see
thank you so much for your input and advice
all the best
minnack xx

[garlok]

Re: lloyds ccj help please?

Business OD and loans are generally not covered by CCA1974/2006 etc. Once a dispute of any kind entered or a complaint of any kind entered concerning these accounts then they WILL consolidate, they WILL call in any OD and they WILL call in any personal guarantees which have been signed up. It will ussslay be a package comprising 10 letters.

It is wise counsel from Shepherdess to contact Paul as any matter requiring attention on a business should not be dealt with as a litigant in person. Always seek rpofessional legal advice and represenatation at an early stage or as soon as you enter the dispute. Much of these things are covered by Common Law of Contract etc and you will be railroaded as you have been by the opposition. It is expensive litigation and they will also be reluctant to take you on if you have legal reps in place. they assume that you alone will lose but it becomes 50/50 odds with a professional, odds that banks do not like.

If Paul's firm cannot help themselves, I am sure they will have contacts to whom you will be able to be referred.

Garlok

[MINNACK]

Re: lloyds ccj help please?

thanks garlok

have pm paul and will wait to hear from him hopefully soon

many thanks
again