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  1. Andy, Dx, defence has been filed, now what I need to do or prepare & what should I expect?
  2. I was going through the defence briefly and saw option for counterclaim. Do I counterclaim? What do i need to pay attention to while filing a defence? Thank you.
  3. Thank you Andy/Dx UPDATED Defence, 3 days remaining. Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go. Defence The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant. 2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974. 3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925. 4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant. 5. Claimant served the invalid PAP with no connection to their court claim, 6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:- a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 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. Good to go DX? Shall I mention current account PAP or file the defence as above saying no PAP received. Last day of defence is 3rd of March, Should I leave it till the end and file it or do it now?
  5. Hi Dx PAP received was for current account overdraft and was for £3220. this claim is for Loan amounting to £8770.
  6. Thank you DX, PAP received was was for completely different amount with different reference, should I say i received PAP or can i decline receiving it? There was nothing to suggest the PAP was for this debt.
  7. Thank you DX, not far away from filing the defence. This is what I have prepared for now. Can you please caste your eye over to see if this is all good to file? Cheers. Particular Of claim 1. By an agreement between Lloyds Banking Group & the defendant on or around 13/05/2003 (“the agreement”) Lloyds Banking Group agreed to loan the defendant monies. 2. The defendant did not pay the instalments as they fell due. The agreement was terminated following service of a default notice. 3. The agreement was assigned to the claimant. 4. THE CLAIMANT THEREFORE CLAIMS: 1) £8704.42 2) COSTS Defence The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) - Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1.I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant. 2.However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974. 3. However I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925. 4. However, I do not recall ever receiving letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant. 5. On receipt of this claim I sent CPR 31.14 and section 78 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:- a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 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.
  8. It looks like Apex gave the account back to Lloyds after my CCA request. Lloyds then passed it on to Cabot but I never received a letter of assignment nor have I received PAP for this amount. Now my question is, I did AOS yesterday, does 14 days starts from tomorrow to file the defence or I still get 33 days from the date on the claim form?
  9. I haven't moved for sometime now and they always wrote me on the current address. Probably Apex sold it to Cabot. Probably CPR reply might shed some light.
  10. Hi Dx, I haven't paid any penny to any DCA since 2017. Apex gone quiet since they could not produce an agreement. Reason I mentioned Apex on this thread is because they are the only DCA dealing with Lloyds Loan. So this claim from Cabot does not make any sense, the amount is wrong, debt type is wrong etc I will pop in CCA along with CPR. I have already done the AOS.
  11. Thank you dx, Do I again send CCA request even though I sent it back in September 2017? Cabot replied saying they don't have it and they need to request it from Lloyds, but I have never heard back since then. Problem I have is, I only had one loan with Lloyds and Apex is dealing with this debt. Cabot took over Lloyds credit card debt in the region of £2900. They sent PAP for £3200 but now claim is for £8700. The sums do not add up. I will acknowledge the claim and send them CPR letter. Once again, appreciate your help. Thank you.
  12. Hi all, I have been silently following this forum for sometime as I was in lot of debt in and around 2003 and I was with Euro Debt paying token payments . With lot of information from this site, I started sending CCA request to my creditors in September 2017. I was in debt management plant until then. I stopped all token payment from September 2017, since all of them failed to comply with my request. I have been getting letters and threat-o-gram from different DCA, that didn't bother me much. Now I received claim form for one of my debt. I do not acknowledge this debt which is in the region of £8700 . I did receive PAP from their solicitor on 16th December but the amount on the PAP was for £3200. I failed to reply to the PAP (apologies for my ignorance) as I didn't think it was necessary as they never sent me the agreement. I simply wrote a letter to them saying account is in dispute for failing to supply agreement. My answers for the questions below. Please suggest how I should take this forward. Appreciate your help. Thank you. Name of the Claimant ? Cabot Date of issue – 29 January 2021 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.By an agreement between Lloyds Banking Group & the Defendant on or around 13/05/2003 (‘the Agreement’) Lloyds Banking Group agreed to loan the Defendant monies. 2.The Defendant did not pay the instalments as they fell due. 3.The Agreement was terminated following the service of a default notice. 4.The Agreement was assigned to the Claimant. The Claimant therefore claims £8704.42 and costs. What is the total value of the claim? £9214.42 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes however I failed to send the PAP back. I only sent a letter saying the account is in dispute for failing to fulfil CCA request. PAP they send was for £3200, however their claim is almost three times that. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan, however I cannot find the amount on any of the communication. When did you enter into the original agreement before or after April 2007 ? Yes Do you recall how you entered into the agreement...On line /In branch/By post ? In Branch Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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, through Mortimer Clarke) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? They failed to supply CCA What was the date of your last payment? August 2017 Was there a dispute with the original creditor that remains unresolved? Give answer here Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I was on debt management plan until September 2017. I stopped all payment from the time they failed to comply with my CCA request.
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