My other half is being taken to court by these guys for an unpaid loan from the bank of Scotland the sum is £1680 plus Intrest .

Now he's never had a loan with bank of Scotland.

But has with Halifax which I believe is all one group now ? .

I'm unsure whether to admit the loan or defend .

Think the loan company who have it now is central credit .

Should I ask them for the original loan agreement or would they have to have this in order to take him to court ?

hi ya

can you fill this out please

so we have all the correct info to advise you properly

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Hi I've read the info and also spoken to Leicester Aldridge .

I've requested that they send me the signed loan agreement in question as I have no recollection of any such debt .

They agreed to this and said will suspend /stop any judgement until such information is RECEIVED .

So I presume from what I've read I say I want to defend ?

It's a bit of a grey area to me as Im not sure .

sorry you shouldn't be ringing anyone.

let alone the claimant

can you fill that link out please

post 2

Claimant name 1st Credit Finance Reigate surrey

Date of issue 16th March 2017

Claim is for

1.The Claimant is the asignee of a Bank of Scotland plc Debt in the sum of 1647.88 assigned on the 21/11/2014 Statutory notices of assignment were sent to the defendant.

2.The Debt is a Loan account first opened by the original creditor on or about the 28/08/2003 under reference **** the defendant used the credit facilities .

3.On the 05/03/2008 the account defaulted with an outstanding balance of £2591.82.

4.The claimant and its predecessors in title demanded payment of the sum due , In breach of the contract the Defendant failed to repay the sums due .

5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from 05/12/2014-16/03/2017 on £1647.88 and also interest at the same rate up to the date of judgment or earlier payment ata a daily rate of £0.36

I have recieved some notiducations of account and cannot remeber if i got the asignee change letter ?

I have had no loans with bank of scotland but have with halifax and maybe this could be the same one ?

I have had no letter or proof of the loan sent to me and have asked for the original document

Ist credit did not have this and have sent for it i believe

I think i did pay on this acoount previously but cnnnot find the paperwork as to when i last paid or who with

by my reckoning i think im too late to send a defence ?

def not due to 17th.

have you ack'd [AOS] the claim on mcol website?

and done CCA /CPR

go ring BOS and ask last payment date

DOubtful theyll have the CCA either. ALso ignore their silly speech about stopping action over the phone. They want a judgement by default.

def not due to 17th.

 

have you ack'd [AOS] the claim on mcol website?

 

and done CCA /CPR

No but will do it today if I can

go ring BOS and ask last payment date

Ok I will ring them but it didn't have a loan with bank of Scotland

well its HBOS, Halifax and bank of scotland.

Ok I see .

Had a loan with Halifax so must be that .

I've not had any info back from anyone about this and need to file my defence .

Am I right in thinking that if they have no signed agreement it cannot be enforced ?

not due till 17th

have you rung Halifax and asked last payment date

use the account number the fleecers quote in their poc

Hi

I've tried Halifax and got no joy as its not my account and my oh isn't here they need to speak to him . He's back Tuesday .

Bank holiday weekend and need on submit defence by tommorrow ?

Are there any special extensions for bank holidays ?

Eg this is due Monday bank holiday ?

my defence would only be at this point they have not provided me with any proof of debt ?

Can I use this then add to it ?

Please let me know thanks in advance

I'm sure there's been no payment to Halifax for approx five years ?

you've had since the 4th of april to do this its now the 16th

this is a court claim you seriously need to have been already dealing with this and not leaving it till the last minute

it wouldn't hurt to file a day late.

so find out ASAP if there has been any payment within 6yrs from the date of the claimform

if that's true then filing our SB dfence will kill the claim dead.

in the mean time

use our search CAG box of the top red toolbar and read like threads to find the holding/no paperwork defence.

claimform loan

Thanks for the reply .

Do you mean no payments directly to Halifax or to whoever owned the loan ?

Sorry but I'm confused?

I am reading the defences though .

anyone

no such company as central credit

who were you paying?

First credit not central .

so you paid them?

expand the history of what you know

payment to anyone within the last 6yrs ???

Last payment on a statement I have found from 1st credit is in August 2015 for £10 .

we had been paying them then stopped .

Not had any paperwork from them yet

I think I will defend on the no paperwork being present.

Post it up here 1st

Due today by 4 pm!!

Claim responses & direction

[email protected]

e-mail it there to-day

heres an OD defence for the same POC as your s

just needs a few ammendments to your details.

and the OD relevant bit removing and section 77/79 of the CCA Request etc adding in.

get it done needs to be filed ideally by 4pm but you've missed that.

have a go and adapt it

them post it here

Particulars of claim

1. The Claimant is the assignee of a HSBC Bank Plc debt in the sum of £3,072 assigned on xx/01/2015. Statutory notices of assignment were sent to the defendant.

2. The debt is for arrears on an overdraft facility first opened by the original creditor on or about xx/01/2008 under reference xxxxxx/xxxxxxxx. The defendant used the credit facilities.

3. On xx/01/2014 the account defaulted with an outstanding balance of £2,835. The claimant and its predecessors in title demanded repayment of the sum due. In breach of contract the defendant failed to repay the sums due.

The Claimant claims:

The sum of £3072.00

Costs

Defence

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

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor HSBC Bank. It is denied that I am indebted for the alleged balance claimed.

2. Paragraph 1 is denied. I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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 Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

3. Paragraph 3 is denied. To my knowledge HSBC or the Claimant have never served me a notice pursuant to 76(1) and 98(1) of the CCA1974

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

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

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX February 2016 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft, the Termination Demand Notice, Notices of sums in arrears, and Notices of Assignment inferred by the Claimant's Particulars of Claim.

The Claimant has failed to fully comply with this request.

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

1.The Claimant is the asignee of a Bank of Scotland plc Debt in the sum of 1647.88 assigned on the 21/11/2014 Statutory notices of assignment were sent to the defendant.

2.The Debt is a Loan account first opened by the original creditor on or about the 28/08/2003 under reference **** the defendant used the credit facilities .

3.On the 05/03/2008 the account defaulted with an outstanding balance of £2591.82.

4.The claimant and its predecessors in title demanded payment of the sum due , In breach of the contract the Defendant failed to repay the sums due .

5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from 05/12/2014-16/03/2017 on £1647.88 and also interest at the same rate up to the date of judgment or earlier payment ata a daily rate of £0.36

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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served to me some +2yrs ago from either the Claimant or HBOS.

2. Paragraph 2 is noted and accepted I have in the past had financial dealings with HBOS, I do not recall the precise details or agreement and have sought verification from the claimant.

3..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, and remains in default of my section 77 request,

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;

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77 request sent date by [method]

and their solicitors, [name them], have failed to reply to my CPR 31:14 request sent date by method also.

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

7. 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 82 A of the consumer credit Act 1974.

8. 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.

fill in the blue bit

then email that off to the address you sent that wrong one too.

in the subject line of the email write

you name, claim number - amended defence - URGENT

in the first line of the email

state to please ignore your earlier email. and its defence.

then copy the defence above into the email

you do NOT need to copy the red bit

dx

Many many thanks for this