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downsouth

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About downsouth

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  1. Amended defence submitted on time Witness statment submitted on time About to post copy WS to Bryan when in the post this morning NOTICE OF DISCONTINUANCE
  2. Yes. Vague Claim Initial defence Order - proper defence with docs - filed with one doc Another Order for Amended Defence in response. By 10 Mar
  3. I would like to ask though, In an amended Defence, is it OK for me to refer within it to the Court Order which necessitated it, and/or the Original Claim?
  4. I'm not sure of anything about Bryan and Lowells. I won costs off them previously, another case when their MO was to issue Bankruptcy Petitions, so I'm going for 2-Nil against this lot. Actually, I won that last case mostly because they were so unprepared. I'm a bit reluctant to post my Amended Defence up here in advance of Filing it tbh, as it shows up the holes already apparent in their case. Call me paranoid, but cases appear to be thinner on the ground these days, more easily identifiable and I'm sure 'they' read these forums.
  5. Amended Particulars of Claim. 1. The Claimant issued a claim under Claim No. on ... November 2014. 2. The Claim does not include any issues under the Human Rights Act 1998. 3. The Defendant entered into an agreement with Lloyds (the 'Original Creditor') account number (the 'Agreement') on ... 2004 for the purpose of acquiring goods and services for which he was offered a credit card. The Claimant attaches a copy of the signed Agreement at exhibit ... 4. The Agreement is regulated by the Consumer Credit Act 1974 ("the Act") 5. The Defendant had the benefit of the credit facility. 6. The Defendant fell into default on 30 October 2009. 7. The account was assigned to Lowell Portfolio 1 Ltd on ... March 2008. 8. It is the policy of the Original Creditor to provide the Agreement at the point of contract and statements throughout the duration of the account. 9. The Claim Form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court. 10 The Claimant's Claim is for the outstanting balance due under the Agreement which is now all due and payable. 11 The total balance outstanding by the Defendant to the Claimant is £7xxx.xx (inclusive of intereste at the daily rate of £y.yy) plus costs. 12 The Claimant reasonably anticipates that the total value of the claim will not exceed £10.000.00 AND the Claimant claims (breakdown of amounts) Statement of Truth: ...
  6. OK, phoned them, all they can tell me was that it was passed to Recoveries on 28 Oct 2009, they have no details of any payments into the account. I'll start drafting my Amended Defence without reference to possibly SB.
  7. No idea when last payment was. Nor have they from the look of their documentation. ETA I'm sure I've seen defences posted on here along the lines of 'I think it's stature barred but in case it's not then...' Might have dreamt it though!
  8. Apologies if I was unclear. I can't find any cheque payments at all on that account since Dec 2008. Further inspection shows no cheques of an amount that likely could have paid this CC bill since 2007. Assigning the account in March 2008 would also indicate SB as I definitely would not have paid a penny or otherwise acknowledged any debt to a DCA. One of their dates in their amended POC is obviously wrong. There is no default notice or Assignment of course, so who knows.
  9. OK, gone through my bank statements of the period - kindly supplied to me regarding a different, settled, claim. I'm pretty sure this is SB. No electronic payments Lloyds bank to Lloyds CC at all, and no cheque payments at all since Dec 2008, and I'm sure this is the account that I would have been using to pay this CC - all my debts were paid using this account, until I could service it/them no more - and the only other account was a joint used to pay regular household expenses, the mortgage etc. Anyone like to help out with a succinct Amended Defence along the lines of 'Likely SB but if it's not, there is no Original Agreement doc, or any other docs required' appreciated. And wasted costs per the original Order.
  10. Not quite. Yet. They have a photocopy signed credit agreement dated 2004, which I'll check for prescribed terms but is legible and looks comprehensive. They don't state that they have the original. The copy sent to me appears to be a photocopy of a scan. That's it. No Statements, Default Notice or Assignment. It might even be SB. From their Amended POC: 6. The defendant fell into default on 30 October 2009 7. The account was assigned to Lowell Portfolio 1 Limited on 14 March 2008 I need to file and serve an amended defence by 10 March.
  11. OK just to conclude this thread, settled by way of Tomlin order. Monthly instalments with a bit of a discount but still a nice payday for 1st.
  12. Had a call a couple weeks ago from the Mediation Service. They asked did I receive supporting documention from the Claimant, I said 'No.' In that case the claim cannot be dealt with through Mediation and will be handed on to a Judge. Received today in the post.... ORDER Before DistrictJudge X ... Upon the Court taking the view that the Claim is not properly pleaded and does not comply with CPR16 Of the Courts own motion IT IS ORDERED THAT 1. Unless the claimant do file and serve a fully pleaded particulars of claim exhibiting any documents mentioned therin and in compliance with CPR16 by [date] the claim will stand struck out. 2. Upon receipt of the amended particulars the file will be referred to a Judge for further consideration. 3. Costs reserved. 4. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.
  13. IT IS ORDERED THAT 1. Hearing adjourned until (March) 2. Defendant must by (3 weeks) file in court and copy to Claimant a focussed and summarised position statement as to his defence including any documents relied and not already on the court file. 3. Claimant may file and serve a response by (a further 2 weeks) 4. If either party intends to rely on decided cases they must be attached to the position statement 5. Claimant's costs reserved.
  14. dpac - seek out a local IP please. It's a lot of money / you've got assets / and income / and kids / and options. Protect your family and your income. Don't rush into anything without the right advice. But don't dither any more either.
  15. My last payment was early 2009. LTSB stopped applying charges and interest in Nov 2009. Debt was sold in late 2013. I'll post the order up once it arrives. I really want to fight this (like I have everyting else) but it seems doomed tbh. It's outside the simplicity of regulated credit agreements.
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