Lloyds tsb no CCA received now CCJ received Please help me

[aimeebella]

Hello , I have been sent here from m.s.e really hope Never in Doubt and the other experts can help.

My background is we have been in debt for several years with mortgage arrears and secured loan arrears but thanks to forums like this we have sorted most of our affairs and are slowly paying the arrears .

I now need help for a loan of my husbands with Lloyds TSB going back before 2006 when he stopped paying .

In June this year he received a letter from Fairfax solicitors for the sum of £8000. I immediately sent a request for a CCA recorded delivery but heard nothing .

Yesterday he received a court claim form from Bradford giving 14 days to reply.

I rang National Debtline who were unable to advise as thy said it could be a risk to dispute this.

Please does anyone know the correct way to respond to the court paper , can the case go ahead while waiting for the CCA .

Any advise would be great and so worried waht to do.

Thank you to all you experts you are fantastic to give your time to help .

[diddlydee]

Re: Lloyds tsb no CCA received now CCJ received Please help

Hi Aimee, I'm sure Niddy or another expert in this field will be along soon to help you with your query.

In the meantime can you just clarify the following information, as it would help, I'm sure.

1) is the loan with Lloyds TSB a personal unsecured loan pre 2006? Any idea how old?

2) you have said "now CCJ" in your title, but am I correct in thinking you have been served court papers, but do not actually have a CCJ as yet (CCJ = County Court Judgement - and can only happen if a court has already ruled that you have defaulted and that you are liable to pay the debt).

3) do you have still have the receipt proving the CCA request was posted, and delivered?

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

Have a mooch at my recent reply to another user, got similar case - you could use the same defence to ccj. Read the whole thread from start to end but this is the main post that explains things:

-----> viewtopic.php?p=15393#p15393

[aimeebella]

Re: Lloyds tsb no CCA received now CCJ received Please help

Thank you Never-In-Doubt for your reply.

Is it a risk to dispute the claim , i am worried if the judge just thinks we don,t want to pay , the claim has come from fairfax and global .

Do they legally have to provide a CCA or can it still result in a ccj anyway.

Any advise or this case would be really appreciated as i am getting different views and really worried .

Thank you so much

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

They can get a ccj but then you defend it and/or apply for set-aside if awarded incorrectly.

Only you know what is best, have you ever had a cca sent?

[aimeebella]

Re: Lloyds tsb no CCA received now CCJ received Please help

Thank you for your reply .

I have never received a CCA before , i am worried if this just gets a ccj over our head with costs involved and no chance of offering a payment we can afford , have worked so hard over the last few years to repay our debts .

Just really needed to which way to go , never had the best of luck so don,t want to risk anything but am annoyed they did not reply to my request and issued the papers.

Thank you for any more advise i am really grateful to you .

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

This is what you need to do as well.

viewtopic.php?p=1487#p1487

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

If you don't want a ccj then arrange payment proposals asap then wait til new year and we'll do a formal cca request when things have died down yea? That way I can be involved from the start and sort the cca element for you. Things have gone too far to start messing around now as u know.

[aimeebella]

Re: Lloyds tsb no CCA received now CCJ received Please help

Never in Doubt , who do you mean i arrange payment proposals with , the courts or fairfax , as you say things have gone too far so i presume this means its with the court now.

How can i later sort it in new year if court goes through

sorry to keep asking , thank you so much

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

Hiya

Ok, question time:

• 1. You say he last paid over 4yrs ago - roughly when was the last payment (of any kind)?
  
  2. Similarly, have you moved since the original loan or changed address in any manner?
  
  3. Have you had any correspondence regarding this debt since last payment, if so what and from whom? (i.e. debt collection agencies/the lender/statements/threats etc etc)
  
  4. Is this a secured or unsecured loan?
  
  5. Was it applied for online or in person?
  
  6. Was PPi taken?
  
  7. When, be accurate here, did you request the CCA and did you send it registered with £1? When was it signed for and when was the payment cashed? Who did you send the CCA Request to?
  
  8. Have you ever had a default notice for this debt?
  
  9. Is a default registered with the CRA's, if so on what date and by whom?

I personally think you have to defend this now, if they have actually issued papers for the court and you have a court pack in front of you then you need to compose a defence and we'll go for strike-out. Basically if we can prove they had no legal grounds to proceed with the CCJ claim then we can win a strike-out. Dependant upon how you answer the above, will depend upon how I advise so please be accurate and concise with your answers and if you're unsure give an approximate value and confirm you've provided an estimate.

Thats all for now - i'll hang around for you to answer.......

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

Those that know how I think, will know what i'm doing here - based on my questions above lol....

Ina nutshell, I wanna prove that they never complied with various acts and legislation by not writing to you or giving you time to remedy with a default notice, also taking formal action against a disputed debt protected under s.127 of CCA1974.

That's it - so I hope your answers reflect my position otherwise you may have to look at plan B which I won't go into right now cos we will find enough fault with plan A - above k

* For the record I do not usually get involved with court cases..... any advice given is only that, advice. If things do not go your way I nor this site, will be held in any way responsible. I can try and help, by quoting the breaches (if any) allowing you a fair defence - how you portray that in court will decide who wins this.

[aimeebella]

Re: Lloyds tsb no CCA received now CCJ received Please help

hiya

1/ last payment about 2006

2/ have not moved address

3/ global and fairfax but hardly anything really since 2006

4/ unsecured loan

5/ in person

6/ yes probably as was always given then but not got cca

7/June 2010 in reply to Fairfax solicitors letters , recorded delivery with £1.00 coin enclosed

8/ probablt

9/ sorry what is CRA


Thank you so much for your time

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

Credit reference agency; equifax/experian/call credit....

7/ Did they sign for it, if so when? Have you still got proof? Why did you send £1 coin? That made the request invalid cos you cannot send cash in this day and age - they do not accept cash and they are not required to do so.

Is Bradford your local court, by the way?

[aimeebella]

Re: Lloyds tsb no CCA received now CCJ received Please help

don,t know if they signed for it , i did not know you could not send cash

no Bradford is not my local court i live in Cheshire

Ah I am worried now

[Never-In-Doubt]

Re: Lloyds tsb no CCA received now CCJ received Please help

Well can you check if it's been signed for! The purpose of sending stuff recorded is to prove in case of court that you did send it! Without said proof they will argue you never sent a CCA request, you'll say I did and the judge will say ok where is the print out of signature from online track and trace......

You're not being forthcoming with info - you ought to start to take this more seriously, not worry, just try and think and help me out a bit here - can you provide proof, have you got the docket still (from post office) or the receipt? Anything...?

I can't sit here and pull teeth, sorry I do not have the time - help me out, give me something to fight with or you may as well let them issue the ccj by not responding......

Have you got a mortgage? If so, much equity? For the record a charging order does not mean they make you homeless, it means if and when you sell the house if the debt remains unpaid then you must pay them their money prior to sale - like a secured loan, in essence.

I also need you to confirm if PPi was taken.....