Thanks have contacted both parties, courts were very helpful have requested copies of emails and will investigate. Thanks for your reply. Thanks Manxman.

any other advice concerning a defence against council tax on a derelict property would be welcome.

Please can you tell me if there is anything that can be done.

I was going to defend this order as the property in question is derelict and uninhabitable.

I called the court a week before the court date to ensure that it was ok to attend as this was during the Welsh lockdown, I was advised that they would except my testimony via Skype or email.

I completed my defence against the liability order and on the day I rang the court to advise I was about to send it. 
An email was received back advising it was received and it was forwarded to the legal adviser in court.

A day later I received an email from another council who had been using the same court and they advised that they had my defence, they asked for my address in order to send the defence to the right council. 

I have now contacted the council who requested the liability order and they said they have received no defence on this account and the order was approved so they will be looking for payment.

any advice please. 
 

Sorry Guys,

what does that mean?

Just looking through my file letters from Lloyds

they were threatening legal action since November 2013,

I started payments approx. Sept 2017.

there must be a reason unless they just have too much on their plate which I would not believe the way banks act now.

FfHey dx,

there is no copy of the mortgage contract and the covering letter with the Sar says:

"the majority of contracts we hold between the Bank and our customers are not held in relevant filing systems and are therefore not subject to the right of subject access under the Data Protection Act.

However where a copy of a contract is held in a relevant filing system or is held digitally in an automated system it will be found by our searches and will, of course be provided."

but there are sheets headed MTG02 MORTGAGE ACCOUNT DETAILS which has a section showing CCA Regulated Subs N and MTG03 SUB ACCOUNT LOAN DETAILS with section CCA Regulated Loan N.

Which suggests not CCA regulated.

so should I be looking if the mortgage was covered by the CCA and if so what then.

I've looked through the Sar and cannot find any indication of why action was not taken it was with there collections and legal team for a couple of years at least!

Hey DX,

I got a SAR from them March 2015, not sure what to look for.

This goes way over my head,

I have had a long painful complaint with Lloyds and do not want to bore you to death so will bullet point the occurences:

Mortgage taken out as first time buyers 1996

conveyancing solicitor did not perform completion and contracts signed over a receptionist desk no solicitor present.

transpires we purchased a property that did not reflect what was explained on the estate agents property description.

Lloyds wrote to me in 2003 and advised that the property was not registered with the Land Registry, they advised they would sort out and appointed a solicitor.

2012 I lost my job and later on that year my wife passed away.

I was sold a policy that covered "every eventuality" told the advisor I did not want it but he advised "it comes with the mortgage" (subtle)

contacted Lloyds 10/2012 to make a claim on the policy.

was told they could not locate account and I would have to write to the Cheltenham & Gloucester to recover account

they ignored my first letter,

sent a second letter this time recorded and copied in the first No response

sent a third letter recorded copied all in again still no response.

Six months had gone by

I stopped my mortgage payment and behold they contacted me,

the telephone number was the original office who could not locate my account

was advised that the account was there and there was protection on it.

I asked to make a claim

they intimated I might not be covered but said they would send a booklet out on how to may a claim.

No booklet was ever received,

Wrote and complained again and transpires I was not covered for these eventualities!

Complained about being miss-sold protection,

was advised after investigation they sold it fairly.

I kept on at them and they then said ok we miss-sold it.

they offered full refund of 16 years worth of instalment + 8% interest.

told them I wanted what I was told was covered for ("every eventuality")

and they should write off the mortgage.

They said no.

I kept on at them but was getting no where.

they failed to respond to a 21 point complaint letter only explaining themselves on 4 of the points and told me to take it to the FOS.

In sept 2015 although I kept on at them it was clear they were not interested in responding to the complaint

I wrote a letter of an offer to reinstate mortgage payment, they ignored it.

The legal letters started coming as I had not made any payment since april 2013.

( why did they not get a possession order)

I kept on writing asking why they were ignoring my offer, for months.

In the end I called the collections office and said I would not lose the property

asked them to give me a monthly figure to pay.

This was twice the original mortgage payment

I decided on selling the property as I felt their next move may well be possession order and a fire sale.

I received an offer on the property,

a third below the asking price but accepted it as I felt I would make more than a fire sale would give back.

After months of solicitors work

the buyer pulled out as there was no tittle on the gardens.

My solicitor suggested getting a possessory tittle on the gardens as it appeared the deeds were lost by the solicitors.

I have written to Lloyds and again complained as they had instructed a solicitor to carry out the registration who clearly failed and I was left with a solicitors invoice and no sale.

They have come back to me and offered to register the gardens and to offer a £500 compensation for this error.

I asked what tittle would be achieved the person was not sure as diff. dept.

I explained possessory/absolute, as possessory would still take value off the property.

She said they had the deeds so there should not be an issue.

This was annoying as my solicitor wrote to them October last year and asked if they had the deeds, they never responded.

my question is

what was holding them back from a possession order and any advice on how to respond to this offer they have made,

as I requested the mortgage be made void due to years of issues.

you would not believe the amount of failings I have left out but its already a small book. sorry for that

Hey Guys,

just a look in as these 33 days take forever, thought it was up today so called the court was told no response so far but they have a little time yet. told him the 33 days were up today. He seemed to believe there was more time yet and suggested should know by the weekend did I get the YTS guy or what !

Thanks again Andy I know its only the beginning but you guys allow people such peace of mind. will maintain thread to inform all of outcomes.

Thanks Andy!!! that's fantastic . the issue date on the claim form was 15/9, so it gives me until the 18/10 I will use the mcol around the 16/10. thanks for your time it is greatly appreciated. will post outcome as and when. Thank you

Hi Andy,

was £800

Hi Guys,

feel the above is suitable as their POC is vague and untrue. I'm sure it needs work though.

Thanks Andy,

so the situation is the acct. no. refers to a current acct. that was within the od facility it was charges that took it outside of the od limit. I do not recall any default notice on this acct. and the balance was under £900 and certainly not the 12k they say.

In my pleadings I am trying to put the claimant/solicitor to task to simply prove this contract/agreement exists as it clearly does not. so I am considering the following:

1.The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBC dated on or about Jul 19 2000 and assigned to the claimant on Jan 21 2016

2.Particulars a/c no - xxxx

DATE 04/08/2017 ITEM Default Balance VALUE 11515.00

Post Refrl Cr NIL

Total 11515.00

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. The claim is denied with regards to any amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14.

To date I have yet to receive the requested paperwork.

Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the agreement(s) were breached/ terminated to allow the claimant relief;

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, as 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.

6. 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.

Thanks for your response and time Andy,

I have searched the threads and have found what I feel to be use full, but without sounding paranoid should I post or pm some ideas.

Thanks Andy, all the letters from claimant and solicitors note overdraft but of course its the POC that matters. will look for ideas in the threads. thanks again

thanks for your response dx I will rewrite and also keep looking at threads unless you feel this is adequate.

haven't changed the CPR date in 5

guys,

the default was on the cc and not the od account which is in the POC and it was excessive charges that placed the account past the od limit. but here is the defence:

1.The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and HSBC dated on or about Jul 19 2000 and assigned to the claimant on Jan 21 2016

2.Particulars a/c no - xxxx

DATE 04/08/2017 ITEM Default Balance VALUE 11515.00

Post Refrl Cr NIL

Total 11515.00

What is the value of the claim? £12.133.00

1. Paragraph 1, I accept that I have held a current account with HSBC. I have not serviced this account since 2014 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with HSBC. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

2.Paragraph 2 is denied I do not admit to defaulting on payments nor receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 7th July 2014. The Claimant has failed to comply with this request. Therefore the claimant in their non 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.

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.

so need to know as much about the hand they intend to play without giving any detail that can be used against me. I have an a thread in mind which pretty much mirrors my situation, so will adapt and post as soon as I can.

Thanks Andy,

I'm sure I would! but as I am putting my defence together I thought it would hold more weight

Although from reading the threads more info will come forward as this progress's.

Hi guys

I know its a little late in the day but is it worth sending CPR 31.14 overdraft specific to the solicitors, as I sent the one with five requests on. From threads I feel they play there cards close to their chests as regards to particulars of claim keeping it vague only to reveal there hand last minute,

File for dx

bank accts jan 2014.pdf

Hi dx

just been having a load of trouble trying to edit the doc. but here you are

Hi guys

I have received a response to the 31.14.

They acknowledge receipt of the request and go on to point out that the claim was issued out of county court business centre which is a procedure specifically provided for in the CPR.

It goes on to say they have provided all the sufficient info. in order to understand what the claim relates to and give the list.

Do you need any other details of contents.