Jump to content

 

BankFodder BankFodder

welshandproud

Registered Users

Change your profile picture
  • Content Count

    79
  • Joined

  • Last visited

Everything posted by welshandproud

  1. Morning.. i've had Idems WS when i got home on friday.. over 80 odd pages covering a few old CC statements from lloyds, statements of payments to idem via stepchange, and copys of letters they sent to me since they bought the debt. copys of "A" Credit Agreement but still no true signed copy of the Credit Agreement. the copies still have the wrong address from when the ACC was opened. copys of everything idem sent with their WS, couldn't get them as 1 file. Claimant_WS+exhibits.pdf
  2. the last paper work i had from them was in post #56 the copys of the CC statements i forgot that they had sent them aswell
  3. The statements are on Lloyds paperwork. about 8 weeks ago in form of statements but only 4 of them.
  4. the debt is for a CC the sent me copys of 4 CC statements dated 12/2004, 01/2005, 10/2010 and 11/2010 the hearing is the 31st of this month
  5. the debt was decreasing but only by small amount each year.. it was step change that wanted me to increase payments, but i could not afford to increase payments, then they dropped me.
  6. the debt was decreasing but only by a small amount each year, there was about 6 different accounts on the step change managment.. i'll take the applications bit out.
  7. many thanx for your link to your post, at the time i had many accounts with Lloyds, but not knowing what account these guys had got.
  8. I had the same letter, but nothing was put on hold.
  9. 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.
  10. Doesn't say that they are using a sols, got a name of a litigation officer at bottom of page 2, so I'll address it to him? Plus a copy to the court? The date is set for the 31st of January.
  11. i've now edited all my details, i hope.. cant see any where that says the defendant must by? edit-merged.pdf
  12. i must admit that i'm really bad at anything like this? is there anything else i must do?
  13. sorry my defence was in post 35.. i've confused myself with it all. so i just gotta sort mt paperwork out and put it in order, then sit back and hope they bail out.
  14. so that was post #35.. i'm not sure if i sent a copy to idem? should i send 1 to them just in case?
  15. How do I start my defense, just incase they try and go for the court. Just a simple they have no signed T&Cs, wrong address, haven't fulfilled the CCA? I'm really no sure what to do or go about it.
  16. Hi guys an up date, i forgot that i had a court date set for 31st of jan, it was only the other day when i got a copy of Idems papers that it reminded me, that got i still got a few weeks to go. not sure where to start to be honest i've never done any thing like this. i was paying them up until june last year via step change. 1. i've still not had a copy of the signed and dated T&Cs 2. the T&Cs have the wrong address on it from when i opened the Credit Card it has my current address, Does that matter? 3. only 3 copys of statments, not all of them? does that count? 4. they say they never had a copy of the CCA i sent in Feb, but i have a print off from royal mails web site of someones signature and name.( i sent it signed for) and they sent a letter back. dated for Feb. not sure of what to do, do i take their offer of payment plan? or have i got a case?
  17. Morning guys update this week had a letter back from court, they have now passed to my local court, just waiting on a date from them now..
  18. Hi Yoda i seem to be in the same shoes as you.. ref what Idem say, ie putting things on hold for a month.. down to the last letter.. will be intresting as to what their next move would be..
  19. Hi Guys a small update.. form went off to court, got a letter in post today from Idem, asking court to put things on hold for a month for further enquiries.. and i noticed on their small claims track questionnaire that they have ticked NO to small claims mediation service? how does it stand that they asked for an extra month and no to mediation? just wondering.
  20. Morning guys.. had my N180 in the post last week, just got to fill it out and send back, must be done by the 15th of March so its in the post tomorrow.. will keep updating.
  21. thank you so much for your help.. i'll keep up dating and will be donating soon.
  22. edit to add the bit that you said DX... is this ok to Defend on MCOL? 1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions. 2) Claiment © purchased the debt on 17.06.2015. 3) It was a term of the agreement that if any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable, less (on payment) any rebate to which D might be entitled. 4) D failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay the sums due, which consequently become immediately due and payable. Formal Demand issued 10/01/19. 5)D has failed to pay the outstanding balance of £ 2299.18 Defence 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. Paragraphs 1 is noted I have in the past had financial dealings with Lloyds TSB.I do not recall the precise details of any agreement but do recall it was on or about 2005. 3. Paragraph 2 is noted & 3 is denied as I have never entered into any agreement with the claimant therefore I can not be in any breach of any terms as no agreement exists with the claimant. 4.Paragraph 4 is denied as above because the claimant could not of issued a Default Notice as they only bought the debt 17.06.2015 and as far as I can recall any breach with the original creditor would have been on or around 2005.The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have been already terminated before assignment. 5. Paragraph 5 is denied.Notwithstanding the above, requests for information pursuant to the consumer crediticon Act (section 78) and CPR 31.14 were made. A Section 78 request was sent on 25/01/2019, and shows as received 28/01/2019 . A CPR 31.14 request was sent signed for 25/01/2019 and shows as received signed for 28/01/2019. IDEM complied with my CCA Request of 08/02/2018 with some documents that failed to comply with the act. The claimant has yet to comply with my 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 © evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears pursuant to the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.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 consumer crediticon Act 1974 7.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.
  23. they admitted in 1st letter that they didnt, then 2nd letter was some sort of T&Cs.. with wrong address on ACC opening and no date or sig.. multi CCA 24-2-19.pdf
×
×
  • Create New...