Sort of buried my head in the clouds so have not informed Lloyds of any personnel issues just in case the close the account and demand repayment? Cant get credit file to go back that far to see if there were any defaults at the time of the overdraft agreement but there is payments to payday loans on the statements? I will send a letter of irl complaint to Lloyds and wait for a reply then post back. G

Hi everyone Just trying to tidy up some debts that have accumulated over a number of years. I have an account with Lloyds Bank and in 2017 I was using the account to fund online gambling which now I know that I had an addiction to gambling and was being sucked into the dark side of escalating debt problems. The account shows a vast amount of betting firm transactions over a number of years and clearly shows that the account was being funded and used form that sole purpose and then in 2018 Lloyds allowed me to have an overdraft facility of £3000 and to this day the account has remained at is limit and I am only paying back the daily interest amount accrued monthly (£4 per day approx. £120 per month). I have read a few threads regarding irl and with some help and guidance I would like to start this process with Lloyds and don't want to do it wrong?? To get to first base do I contact Lloyds and make a complaint to them and see if they will act and sort to save a long drawn out process and would this be a letter of complaint on the account? Any assistance will b e appreciated G

Gotcha dx thanks, “a matter already judged” and now Moneyboat blocked. shame about the default though!! G

Thanks dx do you think I have a case for IR? is there anything I need to do or prepare whilst this sits to be processed. Do I inform Natwets that I have passed this on to FOS? owed

Ok no problem, thank you for the assistance and advice as always Donation confirmed by PAYPAL Thanks G

Hi Any way of donating with out putting in all my personnel details? Thank G

Hi hope you are all well I have finally attached the court response letter from the Judgement order hearing. Thanks G Claim Struck out -General Form Of Judgement.pdf

Hi Been a nightmare trying to get hold of my local courts they just don't answer the phone and when I ring during the day at work the best iv been in the queue is number 45?? After many emails to the court I finally had an email response yesterday to say that I will receive an update on my case within the next 14 days!! So fingers crossed I will have some news to report back with.

Thanks Andy Yes sent all the relevant documents and sent a not attending letter in time also? Just checked MCOL again and nothing there stating default judgment for claimant! Last entry says claim transferred to local court?

Ok will do dx. Just checked MCOL again and nothing there stating default judgment for claimant! Last entry say claim transferred to local court?

Yes my local court where the case was listed. Had a look on MCOL as well but I don’t know if that gets the court information added to the report? Just strange no communication !

Hi lee tried a few times but just keeps me on the line in a queue forever? Would have thought I would have had something from with courts or claimant saying what the outcome was especially from claimant if they had won !!

Hi, Just updating and trying to find what could be happening with the court claim? Ok court date in November come and gone, as above Moriarty used CPR 27.9 a week before I was told i could not get the time off work to attend I sent a letter to courts informing them just in time saying i would not be attending but all documentation was submitted! Since then I have hear nothing from the courts or from Moriarty saying what happened to the case, is it because of the court backlog or has it been relisted due to either side not attending? Im just still biting my nails as to what the outcome was! Thanks G

Hi Attached all 4 redacted fixed sum agreements. Thanks G Fixed sum loan agreement 1.pdf Fixed sum loan agreement 2.pdf Fixed sum loan agreement 3.pdf Fixed sum loan agreement 4.pdf

#80 fixed sum load agreement, i posted 1 but same for all 4 loans listed but obviously different amounts documented? also page 14, point 3.3 is interesting? #66 SSL default notice disclosed in their witness statement! Thanks G Hi Let me know if you want all 4 agreements but they are all standard just loan amounts the only difference? Thanks G

Hi everyone I have received the witness statement from Merligen which i have redacted and attached with the court appearance letter. There is no mention of default notices from Sunny loans on any of the x4 loans being claimed for, the only default that has been provided is 1 from SSL ? also the amount to be seeking judgement for is different from the amount being claimed which has confused me! Court appearance letter states that their client will not be attending the court appearance, I assume that they can as there are being represented by sols (Moriarty Law). Any assistance will be welcomed. Thanks G Merligen witness statement.pdf Court apearance letter.pdf

Hi Everyone Witness documents served on time. I have not received any documents from Merligen, is this normal or is it that they don't have any to serve and how does this affect the court claim? Thanks G

Brill, thanks Andy, I will send tonight. Do Merligen have to send any documentation to argue against the statement or will that be done in court? Thanks G

Hi Andy, thank you for your guidance. I have move point 3 and expanded on my point 1, fingers crossed its ready to go in the post tonight (Copy to Merligen & copy to local court)? WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX Defendant: XXXXXXX Date XX/XXX2022 IN THE COUNTY COURT AT CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX BETWEEN XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CLAIMANT AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DEFENDANT I, XXXXXXXXX the defendant in this claim makes the following statement believing it to be true will state as follows:- 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 2.It is denied that I have ever entered into a consolidated loan agreement with the claimant for the sum of £xxx.xx . It is also denied that I have received a default notice for the amount being claimed by the claimant which is in fact an amalgamated debt and not for individual loans which would be a total amount of x4 payday loans issued by the original creditor. Having not received or have any knowledge of any default notice being issued by the original creditor the default notice the claimant is relying on is therefore not for any of the payday loan agreements with the original creditor therefore rendering the default notice the claimant is relying on invalid and subsequently the claimant is prevented from enforcing the debt. 3.I accept I have in the past had financial dealings with Sunny Loans formally known as Elevate Credit ITNL Ltd. I do not recall the precise details of the agreements but do recall they were over 40 loans over a 2 year period between xxxx & xxxx. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the accounts the claimant is referring to. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request. 4. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 5. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. exhibits (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notices issued by the original creditor, as yet I have never received an original or seen a copy of a valid default notice from the defendant. following : 1. A copy of all the default notices for the accounts in question served under section 87 of the consumer credit act. 2. Notices of assignments 3. A statement of accounts To date NO default notice have been produced by the original creditor. (DOC 2 ) A Section 77 request for the 4 loans the claimant is pursuing was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant responded to the request on xxxx but to date has failed to comply to my Section 77 request. The defendant has failed to produce any copies of the Default notices issued by the original creditor for all 4 payday loans claimed for by the claimant, as far as I can recall any breach with the original creditor would have been on or around xxxx. The claimant as an assignee would not be able to legally issue Default Notices for all 4 payday loans being claimed for by the claimant as the debt would have already been terminated before assignment. (DOC 4) The claimant was sent a complaint in relation to irresponsible lending by the original creditor as I believed that the original creditor did not treat me with comply with section 5 of the CONC Sourcebook on Responsible Lending or use Due Diligence upon my applications for 41 payday loans over a period of 24 months which allowed me to get into financial difficulties. The claimant replied to this letter of complaint on 10/02/022. To date no reply to the complaint has been received. I also state no valid Default Notice has ever been produced from the claimant for any of the said payday loans being claimed. Conclusion I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are therefore precluded from enforcing the amount claimed. The claim be dismissed. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed Dated Thanks G

Hi Everyone Court fee confirmed as paid by the claimant!! After trying to pick up assistance from other threads i have tried to amend the witness statement as I think I will need to get this off tonight (court date 2nd November issue to courts and claimant 14 days before). Any advise or assistance will be very much appreciated. here goes: WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX Defendant: XXXXXXX Date XX/XXX2022 IN THE COUNTY COURT AT CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX BETWEEN XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CLAIMANT AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DEFENDANT 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. XXXXXXXXX the defendant in this claim makes the following statement believing it to be true will state as follows:- It is denied that I have reived a consolidated loan agreement by the claimant for the sum of £xxx.xx . It is also denied that I have received a default notice for the amount being claimed by the claimant which is a total amount of x4 payday loans issued by the original creditor. I accept I have in the past had financial dealings with Sunny Loans formally known as Elevate Credit ITNL Ltd. I do not recall the precise details of the agreements but do recall they were over 40 loans over a 2 year period between xxxx & xxxx. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the accounts the claimant is referring to. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request exhibits (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notices issued by the original creditor, as yet I have never received an original or seen a copy of a valid default notice from the defendant. following : 1. A copy of all the default notices for the accounts in question served under section 87 of the consumer credit act. 2. Notices of assignments 3. A statement of accounts To date NO default notice have been produced by the original creditor. (DOC 2 ) A Section 77 request for the 4 loans the claimant is pursuing was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant responded to the request on xxxx but to date has failed to comply to my Section 77 request. the defendant has failed to produce a copies of the Default notices issued by the original creditor for all 4 payday loans claimed for by the claimant, as far as I can recall any breach with the original creditor would have been on or around xxxx. The claimant as an assignee would not be able to legally issue Default Notices for all 4 payday loans being claimed for by the claimant as the debt would have already been terminated before assignment. (DOC 4) The claimant was sent a complaint in relation to irresponsible lending by the original creditor as I believed that the original creditor did not treat me with comply with section 5 of the CONC Sourcebook on Responsible Lending or use Due Diligence upon my applications for 41 payday loans over a period of 24 months which allowed me to get into financial difficulties. The claimant replied to this letter of complaint on 10/02/022. To date no reply to the complaint has been received. Conclusion I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action. I also state NO VALID Default has been produced from the claimant for any of the said payday loans being claimed. I believe that the that the facts stated in the witness state are true. Thanks G

Hi Just looking back at information provided for Merligen defence reply (#66 attached document page 18), default notice from SSL Capital states for the "fixed sum loan agreement between you and the original creditor assigned to SSL Capital" i have never had had a fixed sum loan agreement, they are for x4 payday loans that add unto the total being claimed for. Am I missing something here? Thanks G

Ok Andy going to view more threads to see where I’m lacking information? Thanks G

Ok Andy. Serve by 19th Oct court date 2nd Nov. Thanks G Think I’m getting blinkered and just going for the no default. Compared to other threads mine seems different as I have 4 claims in 1 G

Hi I have been around the site for assistance with my witness statement which i have attempted below, hopefully some guidance and assistance will be given as I'm sure there will be, here goes!! WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX Defendant: XXXXXXX Date XX/XXX2022 IN THE COUNTY COURT AT CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX BETWEEN XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CLAIMANT AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DEFENDANT 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. XXXXXXXXX the defendant in this claim makes the following statement believing it to be true will state as follows:- It is denied that I have reived a consolidated loan agreement by the claimant for the sum of £xxx.xx I accept I have in the past had financial dealings with Sunny Loans formally known as Elevate Credit ITNL Ltd. I do not recall the precise details of the agreements but do recall they were over 40 loan accounts generated over a 2 year period between xxxx & xxxx. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the accounts the claimant is referring to. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request exhibits (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notices issued by the original creditor, as yet I have never received an original or seen a copy of a valid default notice from the defendant. following : 1. A copy of all the default notices for the accounts in question served under section 87 of the consumer credit act. 2. Notices of assignments 3. A statement of accounts To date NO default notice have been produced by the original creditor. (DOC 2 ssl defence) A Section 77 request for the 4 loans the claimant is pursuing was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant responded to the request on xxxx but to date has failed to comply to my Section 77 request. the defendant has failed to produce a copies of the Default notices issued by the original creditor, as far as I can recall any breach with the original creditor would have been on or around xxxx. The claimant as an assignee would not be able to legally issue Default Notices as the debt would have already been terminated before assignment. (DOC 4) The claimant was sent a complaint in relation to irresponsible lending to which I recieved a formal a reply on 10/02/022 to say the complaint would be investigated and a written reply would be made. To date no reply to the complaint has been received. Conclusion I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action. I also state NO VALID Default has been produced from the claimant. I believe that the that the facts stated in the witness state are true. Thanks G

Hi hope you are all well. Sorry its been a while but I have had no correspondence from anyone since my last post not even Merligen and was hoping this had gone away? I have now received "Notice of allocation to small claims track (hearing) and hope to that I can get some guidance to help me through? (don't think I need to post court letter as this must be standard?) I have been reading up on the next steps and know that I must prepare a witness statement around my defence that needs to be sent to court and claimant 14 days before the hearing date ( 09/11/2022) claimant to pay trail fee before close 12/10.2022. Do I need to contact courts to see if this has been made? I will post up witness statement once I have seen more posts to assist and hopefully I can be pointed in the right direction for the final draft, as always everyone's help and advice is very much appreciated. Thanks G