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remzz

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About remzz

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  1. Many many thanks for this . this was definetely beyond my scope and i am very gratefull . Andyorch , You are the man! will file straight away
  2. Hi Andy , What time have i got until to file my defence on line ( is it midnight?)
  3. Hi Andyorch, DX Please see below my 1st defence draft, could i have your advice please Should i insert a point about why i disputed the debt in the 1st instance (arbitrary cancellation of overdraft resulting in unmanageable excess fees) i did ask lloyds to argue it in court , they repeatedly refused then sold the debt Particulars of Claim What is the claim for – 1.the claimant's claim is for the sum of 3651.19 being monies due from the defendant to the claimant under a current accounts agreement regulated by the consumer credit act 1974 between the defendant and Lloyds tsb bank plc under account reference xxxxxxxxxx8. 2.and assigned to the claimant on 30/06/2013 notice of which was given to the defendant. 3.the defendant failed to maintain the contractual agreement and a default notice has been served and not complied with. this claim also includes statutory interests pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignment of the agreement to 07/01/2015 being an amount of 367.62 What is the value of the claim? - £3651.19 Defence: Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant. Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 16/01/2015 for a copy of the overdraft facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants solicitors on 19/01/2015. The claimant has yet to comply. Notice of assignement received in cpr response , claimant’s solicitors included notice of assignement dated 6 july 2013 which I never received , I was only made aware of such assignement in oct 2013 when served with SD Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and Claimant has sent lloyds statements of accounts showing overdraft excess fees © show Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.and debt is indisputable On the alternative, if 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 Act 1974. Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 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[/i]
  4. How do i go about using in my defense the fact that i had their SD set aside previously for this alleged debt. Would it be ok to justify why i have always disputed the debt by stating it is made of charges (cloaked penalties). I have been a loyal customer for 12 years and lloyds cancelled my overdraft without explanation , making my situation worse at a time of hardship, would this be against bcobs
  5. Hi all , i need to file my defence by friday 6th (or sunday 8th if online) but don't really know where to start Any one here that could point me in the right direction? i ve uploaded the stat set aside affidavit for info kind regards
  6. I stated that i had always disputed the debt as it was made of penalties , i did not agree to it and they were using bankrupcy law as debt recovery tools. I put them to strict proof that i had received default notice and notice of assignment ( i have received the notice of assignement last friday as a reply to my cpr 31.14 request) on the day , the bw legal representative ask for an adjournement to gather more paperwork to which the judge replied " you should not have issued a statutory demand if you don t know what the debt is about" then promptly set it aside
  7. Also , if this is of any value. Before they assigned this to lowel, at the time i stopped paying , i had several conversations on the phone with lloyds when they repeatadly called me about this. I have always disputed this and even asked them at the time to take me to court as i did not owe these abusive charges and i was not going to pay them. I have 2 cds worth of phone conversations confirming my stance on this matter.
  8. Hi dx, I have received a reply to my cpr 31.14 request from bw legal. See attached. can i have your thoughts. my main grief is that at the time i was financially struggling, lloyds cancelled my overdraft with costly consequences (overdraft excess fees) this is why i do not want to pay this overdraft, it s mostly charges and interest on charges and charges on charges. many thanks for your attention
  9. Name of the Claimant ? Lowell/BW Claimform Date of issue – 8th Jan 2014 What is the claim for – the claimant's claim is for the sum of 3651.19 being monies due from the defendant to the claimant under a current accounts agreement regulated by the consumer crediticon act 1974 between the defendant and Lloydsicon tsb bank plc under account reference xxxxxxxxxx8 and assigned to the claimant on 30/06/2013 notice of which was given to the defendant. the defendant failed to maintain the contractual agreement and a default notice has been served and not complied with this claim also includes statutory interests pursuant to section 69 of the county courts act1984 at a rate of 8.00% per annum(a daily rate of 0.66%from the date of assignment of the agreement to 07/01/2015 being an amount of 367.62 What is the value of the claim? - £3651.19 Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? overdraft When did you enter into the original agreement before or after 2007? prio Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? not known Did you receive a Default Notice from the original creditor? no Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? i could not afford the overdraft reduction of £100 per month and the exorbitant overdraft excess fees of nearly £250 per month . incidentally, i was managing to keep afloat prior to Lloyds cancelling my overdraft.. What was the date of your last payment? i ceased payments on 16 sept 2010 Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no i was 1st made aware that the debt had been assigned when lowell issued me with a statutory demand in october last year (which the judge took 3 mn to set asideicon) On the 10th january, i received a claim from northampton county court, filed by bw legal on behalf of lowell for the sum of £3650 which was assigned to them by lloyds. the same outfit tried a statutory demand for the same matter last september which i had set aside. i acknowledged service on 12th jan and sent a cpr31.14 request via recorded delivery on the 16th to bw legal asking for original agreement,notice of default, notice of termination . it has now been 10 days with no reply. Can i ask the court for an extension to file my defence and how do i proceed, The claimant is supposed to respond with the documents within 7 days. Should i notify the court of their failure to respond? the original debt to lloyds is mostly from overdraft excess fees which arose after they decide to cancel my overdraft , i was in financial hardship at the time but able to cope until they took action. any help would be much appreciated
  10. Lowell SD set aside in 3 mn flat . had the hearing at 11.30 this morning . bw legal's representative asked for an adjournment on the grounds that they needed to get the details of the debt from the original creditor (Lloyds). because apparently the debt had been reassigned in the last few days (after the sd had been issued) . except that the judge saw right through this , asked bw legal why a SD had been issued if they knew nothing about the debt .!!!! He then went on to qualify their actions as gross misuse of insolvency laws and set the stat demand aside . a big weight of my mind just before xmas but will have to see if bw legal tries something else . should I report this to the oft and how do I go about it? Many thanks to all for your ideas and help . best regards and merry xmas
  11. i have a setting aside hearing on the 9th december ., i have not yet received any information requested to lloyds by way of SAR (they acknowledge it 2 weeks ago ) how should i prepare for the hearing? background info > held current account with lloyds for 15 years , had agreed overdraft of £2000 for many years , when times got tough , i started getting close to the limit and lloyds decided to withdraw the overdraft facility, i was then unable to keep within the ever reducing overdraft and collect ludicrous amounts of overdraft excess fees. was at the time receiving child tax credit and family tax credit . they would not hesitate to bounce my mortgage or utilities bills direct debits but would allow their charges through and charge more overdraft excess fees . until one day i stopped paying when the amount my account was overdrawn by was less than what i had paid in excess fees . whenever lloyds called me about it , my reply has always been consistent ," i do not owe this as it is made up of unfair charges" , take me to court. the alleged debt is for £3000. thanks for your advice
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