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batty69

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About batty69

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  1. I can pretty much guarantee you that the debt has not been assigned. They failed to provide the assignment in my case, and when I won my counterclaim, the payment did not come from IND but the original "Creditor" @Andyorch, surely this should not be allowed ? I.e. someone claiming to court that they are the claimant when in reality they are a disguised legal team acting on behalf of a 3rd party ?
  2. Miscreant, Please find a way to validate the dates of these alleged payments. I have yet to see an IND claim where they havn't tampered with the dates. They either move the date back if within the SB limits to maximise the statutory interest, or move the date forward if it is outside the SB limit to bring it inside.
  3. To add to Andy's comment, once there is a CCJ the burden of proof swings the other way in trying to obtain a set aside. It's no longer a case of can they prove the debt, can you prove (or show enough evidence) that the debt is not yours. The only other way IIRC is to prove was their effective service of the claim. But the fact you submitted a defence a day late, pretty much scuppers that one I think
  4. That they do indeed, and they are not even clever or try to hide the fact. One of the ones they attempted to pull with me was to get my witness statement struck out because I submitted it 5 mins before the deadline on the Friday. Their reasoning ? In actual words "The defendant submitted his w/s close to the deadline thus denying us the opportunity to write ours in response" The Judge was not impressed at all!!
  5. Update on this, we went for the assessment and had the thing recorded. The whole thing took about 2 hours complete. Assessor seemed fair, and when using an old report to compare against. I asked her to read out some bits where we know we have been "misquoted" in the past. However we have now had a phonecall from the assessors wanting to "clarify" some answers. I presume her boss is not happy with the report and think we are a soft target for our claim to be rejected. Stupidly, the other half agreed to have the phonecall there and then without rearranging. Anyone have any insight on why they do this ? How common it is ?
  6. Thanks for the responses, will keep you all updated with how things go. I fully expect us to be turned down, we always are, but then win on appeal. However I have got fed up of the blatant lies they make and the time and distress involved in appealing. So this time, I'm going to be fully prepared and will be taking action beyond just appealing. With the help of this group in the past, I have taken on a billion pound company on my own in court and won. So I'm not averse to a big fight against these kind of sharks.
  7. My partner who is on lifetime DLA is being reassessed for PIP. Having had an uphill struggle to claim other benefits and his pension, we are well versed with their tricks by now. This morning he a received a random phonecall from someone unwilling to identify themselves, who was asking for personal information. He refused, unless the person identified themselves and gave a return phone number (it was a 'private number on the caller ID) for him to call on. They refused point blank and said "There's no point in continuing the conversation and slammed the phone down" Despite the fact my partner has had no contact from the DWP or ATOS since he filled in his form. I immediately suspected this was ATOS, fortunately I was around the corner from their assessment centre at the time and went round. When I went in the person who I saw was the person who had called my partner! However they kept refusing to discuss anything with me (which is fair enough, except confirm it was them who had called my partner), but I requested a phone no so he could call up, confirm his details but much more importantly find out when his assessment is! She refused point blank and said that's "his problem for refusing to hand over his details". Cut a long story short (which was mainly filled with lies from this person about the PIP procedure) I found out his appointment is this Friday from the main ATOS call centre. WTF! we have had no letters, no text's and most importantly this woman was refusing to tell us when it was was! Anyway we have had the appointment shifted. Some quick questions. 1) Is there any chance this lady I spoke to, will be the one who will be doing the assessment ? i.e. is it the assessor who makes that phonecall before the appointment 2) We want to record assessment, how do i get written permission ?
  8. Don't mean to be the bearer of bad news, but unless IND have changed their modus operandi (which I doubt), they will follow through on this. This is what they did to me. They took a stayed case (about 2 years) and followed it through right to the bitter end. Even turning up in court, with no paperwork, no proof of assignment or ownership of the debt, not even any proof the original account existed. Obviously the judge through a wobbler at this, IND's reasoning as to why took something to court without any proof, was because I had stupidly paid some money to them in past to get them off my back. All they kept saying "He paid us, that proves he acknowledges the debt!", that was the only thing they relied on. Fortunately I had my 2nd and 3rd line defences ready, and took IND apart. Miscreant, I'll try and get a response to you over the weekend, I'll need to refresh my mind on this topic.
  9. Some back of the envelope calculations show that about 50% of the judgement amount is interest applied by the court. However IND notice of assignment show they were only assigned the debt earlier in the year, so they have been able to claim a vast amount of interest from before they owned the debt. And the only reason they were awarded this amount was because the claim was undefended. Surely that is enough grounds challenge the original judgement ? Otherwise we would have situations where even claimants with 100% cast iron winnable claims deliberately sneaking judgements through the backdoor because they can then charge whatever interest they want, knowing it can't be challenged later.
  10. Don't forget, you have no docs still, have no idea of how strong or weak your position is. You need to start getting your ducks in a row. Here's my advise for what to do next 1) have a good read about IND on here, get an idea of who and what you are against 2) if you have 1) you will see they will ignore every request for the docs. Don't wast too much time on it, but at least make a token attempt for the docs so you claim later on they have refused to give them to you. 3) get your docs, best way is go back to lloyds and SAR them. 4) keep us updated on here. The defence is not the end of the work, the defence is the start of all the hard work you will need to do to win this. 5) keep us updated!
  11. The thread is starting to go off tangent a little, Miscreant has formulated his defence and ready to submit. he has no docs, and it's too late to get them before the defence needs to be submitted. he needs a defence in which he neither admits or deny liability, but gives him the most leeway going forward. He is going to use the statue barred defence, but also wants a second line of defence as it's not 100% guaranteed that he is outside the 6 year limit. I've gave him some pointers and he has redrafted the defence. He just needs someone just to give it a second opinion to make sure he isn't over-reaching himself. Defence 1:The defendant has received no contact from the claimant and is only aware of the claim through the issue of the claim form 2:The defendant has not been provided with documents to prove the existence of any debt nor any proof that the claimant has any right to be making any demands upon the defendant. 3:The claimant is claiming for an alleged debt of ****.** as 3/1/08 and for interesticon calculated from that date. The claimant’s claim was issued on 5/9/14. 4:The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 5:The Claimant’s claim to be entitled to payment of ****.**or any other sum or relief is denied.
  12. Preferably the former, but I am not to sure at this stage if the logistics would allow you to have your 28 day extension without risking something going wrong re the deadline. Best that someone else advises here Assuming it's too risky or too late to go for the extension, then the 2nd thing is just about right, but with the following caveats. Be careful not to state the debt is statue barred, use the claimants own POC's to state that it is statue barred. 2nd, I'm no fan of the straightforward no paperwork holding defence, sounds too much like you have no defence at all. My preference with this is to go for the jugular and have as a defence something along the lines off, The claimant has made no contact with me in the past, the first I had heard of them was this court action, they have provided no documents to show I have ever owed a debt to them or of any debt assigned to them. Therefore to my knowledge no debt exists between me and the claimant. The key thing above, is do not go into what's and why fors of your Lloyds debt, you will tie yourself up in knots and will reveal your hand to the other side. What you are aiming for and you are totally within your rights to do, is dispute if IND have ever been assigned any debt for you. Just because they mention the Lloyds debt, doesn't mean they have it! how do you know it's not with another debt collecting company ? (it's probably not, but neither are you 100% sure IND have it) The key thing is to neither admit or deny anything, especially if you don't know what there hand is. Use their own POC's against them to register a defence. In terms of wording, don't quote what I have given above verbatim. Be concise and technical, i.e. the claimant has provided no notice of assignment, blah, blah, I am not aware of any debt between myself and the claimant. Best thing I find about this defence, is that not only do you keep your hand concealed, you will find that there is a good chance that in the judges order he will force disclosure on the other side using his own volition (well he did in my case) Can you give us the history of any contact you had with IND before the court case, as your defence will need to be consistent with this.
  13. http://www.equifax.co.uk/Products/credit/credit-report.html?cmp=brand|brand|purebrand_exact|&gclid=CJ3smdK5mMECFUT4wgodd4oAuA
  14. Ok don't sweat, give others chance to get in from work and give their tuppence worth. Having taken on these IND mob myself in the past and not only defeated their action, I actually walked away with compensation from them. So I do know some weakness's and tactics that can be used against them. So don't worry, I have a couple of things which you could use.
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