I've finally got proof of the discontuance notice.

I was thinking of claiming costs due to their unreasonable behaviour under CPR 27.14 (2) (g)

Is there a cost claim template and an up to date hourly rate posted anywhere please?

Thanks

Today I received a letter from the DCAs Sols stating they have enclosed a copy of the notice of discontuance. - Nothing was actually enclosed with their letter.

I will obviously write back pointing out their error but is there anything I could include to make this go away for good? It's blindingly obvious they haven't got the docs they'd be relying on but I bet it won't stop them having another go or selling this on. - What can I do to put a stop to this please?

Thanks

PS. If their letter is a bluff the clock is still ticking on the court order. - (Produce docs or face strike out.) So either way I win this round.

No, All is factually correct except I submitted an application for a directions order rather than a defence.The delay in my application being processed was due to the court filing my application rather than passing it to the DJ.I've spoken to Wescot and told them I won't deal with them while court action is in progress. They've acknowledged this in writing.Idem now have 7 days to comply with the court order. (They were given 14 days.)

Ok, I have a small admission to make..

It wasn't a defence I submitted,

I went against the advice offered and made an application to the court for a directions order without a hearing.

I admit this was a gamble but for me personally it seemed the best option available.

The court have now approved the draft order and the DCA have 7 days left to disclose the docs they're relying on

or their claim will be struck out.

Please could anyone advise on whether there is any way to stop this for good following strike out?

What if it's sold on?Thanks

I've had an email from the court today apologising for the fact they filed my docs rather than processing them:frusty:

They've put a 'hurry up' notice on my file.

Thanks Andyorch!

Just phoned the court to make absolutely sure nothing else was happening and

they said that the case is STILL being processed,

it went to the DJ about a month ago so they're not sure what the hold up is

and have put a query note on my file to find out what's going on.

I mentioned the latest letter to the court assistant who told me there was a bar on any action being taken by the claimant until the DJ had commented.

- Not sure what that's all about?

Hi,

I haven't posted for a while..

I submitted my defence before the deadline, I also wrote a letter to the sols asking for disclosure of the docs metioned in the PoC under CPR.

They replied saying they required 14 days and could I ask for an extension. - I ignored their request as I'd covered non disclosure in my defence.

I checked that the defence was with the court on the Royal Mail Tracking Website and it was.

All went quiet so I called the court after about a month and was told it was still waiting to be looked at.

Today I have received a letter from Arden stating that my debt will be passed to Wescot within 5 days of the date of the letter which is dated 27th June, so basically it's happening today. It doesn't say it's been sold, just passed to Wescot to be collected on their behalf.

WTF??

I'm guessing Wescott are still under the Paragon umbrella?

Surely they can't do this while my account is in dispute with pending court action?

Any pointers on a course of action here please?

Thanks

you have until the 2nd of may?

 

the DQ is where you go into details

Thank you for the response dx100uk.

Yes, 2nd of May sounds about right I think but not sure if you were questioning the cut off date or my timing? - You've worried me now.

DQ = Directions Questionnaire, yes?

I've started working on a defence now which I will post up in due course.

How do I go about including some background details to the case please?

- I was thinking of including the covering letter I received from Lloyds with my SAR info which clearly states

I had 3 loans and no agreements are available for these.

I don't know where or under what heading this should be in my defence?

I could also include some of the other SAR info which shows the loans ad up to the same amount which is then shown in statements

(proving a link to this debt and the fact it IS for loans and therefore should need a CCA or 3 in fact.)

The only downside I can see to this is that I will be disclosing original account numbers which could help them with forging CCA's?

Any assistance please?

I've just notice that in the PoC they state the claimant purchased the debt on 27/06/13

They have previously written to me and their NoA states it was purchased on 21/03/13

Does this have any baring on things?

Unfortunately I'm still struggling to find anything of relevance to support a defence in my case within the first few forum pages.

I've been thiking about the letters I have from Lloyds and Idem stating no CCA exists..

A) Can these be included as evidence in my defence?

B) Would Estoppel apply if they try to argue the debt is for an overdraft. (I have no clue how Estoppel works at this stage, just some brief reading.)

Thanks

It's not that I've done this before in days of old or anything. I've just been using the site search tool at the top of this site.

Sorry "post 2" was a typo.

So to be clear, I don't apply for any orders, write to anyone else, just submit a defence using info from page 2 here?

Oh ok,

It seems I'm not achieving anything from the posts I've been reading as everything is incorrect.

I'm not sure what you mean by "post 2 of the legal forums"? Do you literally mean the 2nd page of peoples cases or is there a sticky?

I'm finding this rather hard going as everything I seem to have read is wrong.

Thanks for clearing that up.

I assume the correct action is to apply for a directions order to the court to "force" disclosure or strike out?

This may seem a daft question but is the cost for an order added to the case costs or payable up front by the defendant?

Thanks

Sorry andyorch, Please can you explain a bit more?

This is all new to me and I thought I'd read posts where the claimant had not responded to disclosure requests and the defendant included a section within the defence stating they are embarassed into defending with a lack of information?

Is there a draft defence that 'puts them to strict proof' please?

Thanks

It's now been 7 calender days since submitting a request to disclose (CPR 31.14) to their solicitors. We've obviously had the Easter Bank holiday during this time so I'm not sure if this affects things?

Baring in mind I now have a week left in which to submit a defence, what would be a suitable course of action? - Embarassed defence?

Thanks

The claim has now been acknowledged on MCOL with my intention to defend all.

I've sent off a new (2nd) CCA request and CPR disclosure request to the solicitors via special delivery yesterday.

My main/first line of defence is a lack of agreement and their failure to respond to my CCA request at this stage BUT there's still this grey area over the type of debt. (I'm 99% certain this is for loans but they say it's for an overdraft.)

Is there anyone with insider knowledge of how the banks "package" defaulted loans? Could it have been that they used my current account overdraft to accumulate the defaulted loans onto? - I'm only speculating here and trying to cover why they may think this is linked to my current account.

When I still had a repayment plan with Lloyds/BLS the statements were always for one large amount which was the sum total of the 3 seperate loans added together. I don't have any paperwork to suggest this is in any way linked to my current account .

Can anyone assist me with my defence please?

Thanks

Thanks DX,

Regarding the doubt over the type of account here,

I'm 99% certain this IS in connection to loans.

The SAR info suggests so and so does the PPI paperwork.

"Oleg" also picked up on this point in an earlier post

and point 3 of their statement of particulars rather shoots them in the foot if they think otherwise wouldn't you say?

Does a new CCA request go to the dca or the solicitors address at this stage please?

Sorry, quick question..

At what point do you file a CPR 31.14 with the claimant?

I'm a bit confused by the timescales involved. Is it between acknowledging the claim and before the 28days for submitting a defence?

Thanks

Thank you both for the quick responses!

Your assistance is greatly appreciated.

havr you ack'd the claim yet?

 

dx

No, not yet as you previously said I had plenty of time to deal with this. (33 days)

Also nobody has been able to give any constructive advice on whether I have a case worth fighting or not so in between shiftwork and looking after the kids I've been trying to read up and make a decision.

I have a few questions if somebody can help please?..

Can you change your "plea" at any point up to a court date? i.e. Could I decide to challange this and at a later date change my mind and decide to make payments to the dca if things aren't going well. - Would this be without penalty from the courts?

The court is in Northampton and I am nowhere near. Can I get this changed at all?

Thanks

Ok, it's just that I'm pretty much relying on this forum for assistance and it would be good to get an opinion from experienced members as to whether they think I have a strong case and if I should continue to defend it or not.

Also, I work unconventional shifts (12hr days and nights) aswell as having 2 young children so I don't have as much free time as some people to spend sorting things like this out.

The bottom line is I really don't want a CCJ against me right now and I'd be most grateful for another opinion.

Isn't there anyone who can help me out here please?

So can anyone comment on cases against Idem/Arden/Paragon please?

Any clue as to possible tactics they will employ?

Realistically what are my chances of success here?

I can't see that they've got a leg to stand on really from a laymans perspective

but I haven't been through the 'mill' before and could do with some reassurance from somebody with experience if possible please?

The way I see it is..

I SAR'd Lloyds and have a covering letter from them confirming 3 loans and also confirming no CCA Agreements.

There are also printouts from the SAR which show these loans, amounts etc.

.I also claimed PPI on these loans and have paperwork which states loans.

Idem in the first instance ignored my CCA requests,

then when I pointed out they were in the wrong

they decided the debt is linked to a current account overdraft.

Their statement of particulars states I had an agreement.

- So where is it?

Am I looking at things too simplistically here??

Thanks

Thanks for picking up on that point oleg.

Following on from that; I'm not sure if it matters or not but the way that point 4 in the statement of particulars reads isn't factually correct..

The default was with Llloyds years ago and has since cleared off my credit history.

Since then I entered into a repayment plan with the help of Citizens Advice.

I was happily paying regular monthly payments for years until Idem stepped in.

I stopped paying only once the account was in dispute.

Point 4 makes it sound as if each 'breach' took place in a short space of time

and all whilst the debt was under their ownership.

- Not the case!