Okay so you are working towards the 12th and 25th Dec to compile your disclosures and draft your witness statement to serve on the court and the claimant...ignore the mediation content...wouldn't of happened anyway.

ok, I'll ignore the Mediation bit. Does that mean though I have to go to Court, I know I don't "have to" but is it really necessary that I have to. I'm not sure I could cope?

I would try to put visions of court rooms and judges wearing wigs and gowns out of your mind...its nothing at all like that at county court.....far more scarier going to the dentist or doctor in my opinion.

Lets get prepared and do the directions and submit by the time stated...whether the claimant will reciprocate gives a good idea whether they intend to proceed at all...in other words if they fail to submit their documents /witness statement is a sure sign that they will discontinue the claim anyway...so dont worry about things that may not happen...and even if they did....once you attend you will feel rather silly about your fears on how informal and relaxed it can be.

Andy

Ok, so the Claimant has sent me a copy of their "Reply to Defence" - does this mean they have submitted it to Court. Do you want me to send you this reply?

Is it headed " Witness Statement " and the person named who has drafted it along with a signed ...dated statement of truth ?

Ok, the Claimant does say in the letter just received that this is a copy of the Defence they have filed at Court and the Witness Evidence that they submitted as per the Courts directions of the 17th Nov. Then it goes on to say that the Claimant will file a further witness evidence together with its witness statement by the 25th Dec

So no Witness statement as yet...what evidence have they submitted (that will be their standard disclosure) ?

I'll post their evidence tomorrow so you can see Andy. Thank you as always for your help.

Do you want me to post the actual defendants defence on here - wont they see that you are helping me if I do???

Do you want me to post the actual defendants defence on here - wont they see that you are helping me if I do???

Yes please....and who cares if they see:wink:

The Claimant claims the sum of £4500 for debt and interest.

On 1/06/2004 the defendant entered into an agreement with Lloyds for a CC under ref No. XXXXXX

On 20/06/2010 the defendant defaulted on the agreement with an outstanding balance of £3850.

On 30/5/2014 the debt of £3805 was assigned to Aktiv Kapital Portfolio who itself assigned the debt to PRA Group (UK) on 21/12/14. Notices of assignment were sent to the defendant in accordance with a 136 Law of Property Act 1925

and the Claimant Claims

1. The sum of £3805

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per year from 30/05/2014 to 19/07/16 - xxxxx and thereafter at a daily rate of £1.09 until judgement or sooner payment

My Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is denied. The claimant remains in default of complying to my section 78 request dated 27th July 2016 and is therefore prevented from requesting any relief or request enforcement of the agreement pursuant to sec78 (6) (a) of the CCA1974.

2 . Paragraph 1 is denied .I cannot ever recall receiving any Notice of Assignment from Lloyds or PRA Group (UK) Ltd or ever having being approached pre litigation with regards this alleged debt.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

On receipt of this claim I requested by way of a CPR 31.14 request and a Section 78 consumer crediticon Agreement Act 1974 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Agreement Act 1974.

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Ok, here goes ..Claimants Witness statement without any exhibits..

1. / It is denied that the particulars of the Claim are vague and generic in nature. The Claimant would respond as follows:

a. The particulars of claim stated the date the Defendant entered into the Credit Agreement which was on ***/2004, with Lloyds and specifically the Credit Card reference number shown herewith on pages 1-4 of exhibit PRA01

b. The particulars state the date on which the Defendant defaulted on the agreement with an outstanding balance of XXXX

c. On the date the debt was assigned to AK, who itself assigned the debt to PRA Group on 21/12/14. Notices of Assignments were sent to the defendant in accordance with s136 Law of Property Act 1925

2./ As to paragraph 2, The Claimant would assert that the defendants lack of recognition of the specific account number for his Lloyds Bank Account does not preclude him from liability of the debt

3./ With regards to paragraph 3 the Claimant denies that the Defendant was not served with a Default Notice. The Claimant is unable to admit or deny that the Defendant was served with a Default Notice at the time. However, the Claimant has evidence that the Defendant still had the debt outstanding which was then assigned to PRA Group under s136 of the Law of Property Act 1925. A copy of the Default Notice served on the Defendant has been requested from the original creditor Lloyds and will be provided once it is received

4./ As to paragraph 4, the Claimant denies that the Defendant was not sent a Notice of Assignment in accordance with s136(1) of the Law of Property Act 1925. The Claimant asserts that it has been provided with a copy of the Notice of Assignment which was sent to the Defendant when the debt was assigned by Lloyds to AK. The Claimant further asserts that a Notice of Assignment was sent to the Defendant when the debt was assigned thereafter to the PRA Group on 21/12/14

5./ As to paragraph 5, the Claimant can demonstrate as that:

a. The Defendant indeed entered into an agreement

b. The Claimant asserts that the Defendant's statement of account demonstrates how the defendant incurred the debt claimed for. This will be filed together with other documents with the Claimants witness statement

c. The Claimant asserts that it has evidenced that there was an agreement and the nature of the breach of the agreement with or without a Default Notice

d. The Claimant asserts that it can demonstrate by exhibition of the Notices of Assignment, its legal right to claim the amount due, under the Law of the Property Act 1925

6./ As to paragraph 6, the Claimant denies that it has not responded to the Defendants requests for documents

7./ The Claimant admits that on 27/7/16 the Defendant sent a letter to the Claimants solicitors J&P requesting for documents, shown at pages 5 and 6 of PRA01. The Claimant asserts that on 10/08/16 it sent the Defendant a response and then on the 26/08/16 and 12/09/16 the Claimant sent the Documents it had in its possession at the time. The Claimant admits that it was awaiting further documentation from the original owner of the debt and infirmed the Defendant that it would send the remainder of the Documents when it receives them

8./ The Claimant is still not in receipt of the Documents and reserves the right to provide more detail on the said documents in its witness statement when the time comes. The Claimant therefore denies that it acted against pre-action protocol and should be penalised on the issue of costs

9./ With regards to paragraph 7. the Claimant asserts that it has evidence by the afore- mentioned documents that the amount claimed is due and reasonable

10./ As to paragraph 8, the Claimant denies that it is in contravention of s136 of the Law of property Act 1925 and s82A of the Consumer Credit Act 1974

11./ The Claimant asserts that it is entitled to the relief claimed. The Defendant is put to strict proof as to her assertion that she settled her account with Lloyds which she admits she did have in paragraph 2 of her defence.

Dated this day xx

Statement of Truth

Signed Blah Blah Blah

So far, they don't have a leg to stand on. Wait and see how things develop, but reading the above makes me wonder why they'd be wasting their time responding in this way if their case was strong.

Who ever wrote that really likes the use of the word 'asserts'... lol

Thanks Orchid...you will see I have now edited your post to include the initial particulars and your defence...so you can quickly refer to their points within their witness statement.

Do we have the exhibits they refer to within their WS ?

They have attached a copy of the signed credit agreement with my signature, a copy of my letter to their Solicitor for the CPR 31:14 Request, a couple of other letter copies of letters they have sent me along the way updating me on acquiring information I have requested

Nothing I haven't seen or posted on here earlier

Okay...so you need to prepare your standard disclosure first...quite simple from a defendants perspective.

Copy of your CCA/CPR31.14 and any responses...prepare a covering note.....which I will draft for you shortly...this must be filled with the court and served on the claimant by the 12th Dec.

You have until the 25th Dec to serve your witness statement which again I will draft in response to the above twaddle.

Andy, I cant thank you enough for your help.

THANK YOU

Thanks Shamrocker

Okay...here we go.

Head the letter Claimant v Defendant claim number court etc etc.....

Disclosure

Further to the courts directions dated xxxxxx please find enclosed my standard disclosure which will be used as eveidence in support of my defence and impending witness statement.

(List docs here eg.)

CPR 31.14 request dated /sent

Response to CPR 31.14

CCA section 78 request.

Response to CCA section 78 request.

And anything else you have referred to or wish to rely on. (remember if you dont disclose it you cant refer or rely on it)

Further to your witness statement I trust that the forthcoming documents which you are unable to disclose and rely on within your statement become available before the trial date and I reserve the right to amend my witness statement or submit a supplemental witness statement should the documents manifest any advantage to you outside the prescribed period for disclosing.

Sign/date.

The Claimant is unable to admit or deny that the Defendant was served with a Default Notice at the time.

opps..

this isn't the old Judge & Priestley solicitors is it?

The Claimant is unable to admit or deny that the Defendant was served with a Default Notice at the time.

 

 

opps..

 

 

this isn't the old Judge & Priestley solicitors is it?

Cant do anything without a default notice can they ?

Hard to believe that's from a solicitor

So I keep my fingers crossed they don't get this sent to them?

Dx100uk, why do you say this, do they have a reputation?

no they were useless

if it is them?

Andyorc don't panic, I haven't missed the deadline, I read the date wrong. Need to post tomorrow. Just wondered if you thought I should send a copy of my defence with the disclosure as one of the evidence docs??

Andyorc don't panic, I haven't missed the deadline, I read the date wrong. Need to post tomorrow. Just wondered if you thought I should send a copy of my defence with the disclosure as one of the evidence docs??

No...they have already had it.