Jump to content


BankFodder BankFodder


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About Lots

  • Rank
    Basic Account Holder
  1. Hi My connection dropped and I didn't see your suggestion for paragraph 2 so had deleted it altogether. Have now submitted the defence without this. I hope it won't matter?
  2. Sorry yes it does say 'and the agreement was terminated. Thanks for your help
  3. I don't have anything at all. I can remember that I stopped paying in 2003 (not sure exactly when) and I started paying equidebt regularly for one of them in Jan 2010 the other in Sept 2008. This is why I think one probably isn't. But then I can't remember when I stopped paying. I will phone them, but I don't even have account numbers! I don't have much time left today to file the defence. What wording do I need to add for the SB element of it? This is what I have drafted so far: I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Royal Bank of Scotland for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the consumer credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, 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 © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 6. 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 Act 1974. 17. 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.
  4. Would they have that info from 12 years ago? If I took a punt and decided to go for SB on the defence what's the consequences if I'm proved wrong?
  5. Neither are sure as they are so old, I have no paperwork at all, but thinking back one is more likely SB than the other
  6. Sorry, my ignorance. I was a bit confused by that one as it mentioned Lloyds and referred to 3 paragraphs. I assume I just need to adapt it to my case? Also, are you able to advise on the SB issue? Do you think it might be worth adding this even though I'm not 100% sure they are? If they prove I'm wrong would I be a worse situation? thanks
  7. Just not sure how to word all of that? minefield all of this!
  8. Hi I need to file my defence today but not sure whether to include anything about the debts being SB prior to starting to pay equidebt. I'm not sure if they are SB or not? One more likely than the other. If I do include it what do I need to say? Your help is appreciated Thank you
  9. Yes I did all that when I got the claims. Not had anything back except holding letters. I need to file my defence by end of week
  10. Apologies for delay, been searching through old paperwork trying to see what I can find. It looks like one of them, possibly both, were SB before I started paying equidebt. But I'm not 100%. I have no way of checking for sure. Any advice? What's a 'lemon'?
  11. Or the suggestion I already have the information?
  12. Sorry, 29th April not 19th. I'm frazzled!! Yes I'm guessing I can't do the SB even though it's so very old. Thank you so much for your suggested defence response. Is there anything I need to do about the 'nonsense' letters I got referring to equidebt as they just don't make any sense
  13. Unfortunately for me I was paying £5 per month to equidebt until the beginning of this year when they sold it to Cabot, didn't realise.
  14. Thank you for replying Name of the Claimant ? Cabot Date of issue – 29th April 2015 Date of def filing - 1st June What is the claim for – By and agreement between Royal bank of scotland ( ) & the defendant on or around 08/09/1999 ('the agreement') agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement. The agreement was assigned to the Claimant. The claimant therefore claims 4969.80 What is the value of the claim? this is the biggest one they are both the same except the date is slightly different on the particulars Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card I think, but could be a loan When did you enter into the original agreement before or after 2007? before 2007 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. Debt purchaser - Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? no idea I've moved a couple of times Did you receive a Default Notice from the original creditor? Can't remember it's nearly 15 years ago Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know Why did you cease payments? relationship breakdown What was the date of your last payment? ?? I was paying £5 per month to equidebt until the beginning of this year Was there a dispute with the original creditor that remains unresolved? unable to sort out at the time Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managment plan plan? no In answer to your other question: These debts fell off my credit record years ago, my credit record is clear of any debt
  • Create New...