Morning Guys i checked with the court this morning, and they've paid the fees, so off to court i go on the 31st of this month, to say i'm bricking it is an under statement..
I've still not had a true singed copy of the T&Cs, just 2 differant ones both with the wrong address on them, and no Default notice , to which the admit they dont have it..
what paperwork do i need to take to court? and do i have to send it to both of them again before the 14 days?
here is my Defence, this is what i sent off to the courts and idem on the 7/4/19. any pointers would be a great help.
1. The Defendant contends that the particulars of the 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 is specific response has not been made.
2. Paragraph 1 is noted I have in the past had financial dealings with Lloyds.That being a Loan Agreement and a Current Account with overdraft facility,neither of which had a credit limit to the value the claimant purports to be allegedly outstanding.I do not recall the precise details of the agreements but do recall it was on or about 1998.I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.
3. Paragraph 2 is noted but denied as I have never been served with a Notice of Assignment pursuant to sec 136 of the Law of Property Act 1925.
4. Paragraph 3 is noted but given the claimant is and remains in default of a section 77 and unable to provide a copy of the agreements and terms and conditions its pleadings are irrelevant and unsubstantiated.
5. Paragraph 5 is denied for the reasons stated in my point 2.The original creditor could not possibly serve a valid Default Notice for the alleged agreement referred to as the alleged debt is a combined amalgamated amount from a Loan Agreement and Current Account Overdraft.Therefore the claimant is put to strict proof to disclose and evidence the service of a Default Notice pursuant to sec87(1) of the CCA1974 for the fixed loan content and also a Notice served under Sections 76(1) and 98(1) of the CCA1974 for the Current Account Overdraft content.
6.Notwithstanding the above, requests for information pursuant to the consumer credit Act 1974 (section 77) and CPR 31.14 were made. A Section 77 request was sent on 27/11/2018, and shows as received 28/11/2018. A CPR 31.14 request was sent 27/11/2018 and shows as received 28/11/2018. The claimant has still not complied to my Section 77 request, but in a previous letter dated 13/12/2017 the claimant acknowledged they were unable to supply a copy of the agreement and acknowledged until they could do so the agreement cannot be enforced. The claimant has yet to comply to my CPR 31.14 request.
Therefore the claimant is put to strict proof to:
(A) show how the Defendant has entered into agreement/s ; and
(B) show how the Defendant has reached the amount claimed for and provide evidence of credit limits: and
(C) evidence any nature of breach and show service of a Default Notice and Notice served under Sections 76(1) and 98(1) of the CCA 1974. Notice of Sums in arrears pursuant to the CCA 1974
(D) show how the claimant has the legal right, either under statute or equity to issue a claim.
7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
8. On the alternative, if the Claimant is an assignee of a debt as alleged 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 of the Consumer Credit Act 1974.
9. 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.