RBS Loan and PPI - COURT CLAIM **WON** discontinued

[citizenB]

Do you have any other paperwork, ie Default Notice, Termination Notice, Notice of Intended Litigation ?

[sequest]

No - nothing at all. Just mention a/c nos. and amounts.

[citizenB]

No - nothing at all. Just mention a/c nos. and amounts.

 

And with no documents, they want to bring a claim ?.. amazing. Well no mind, you can put in a holding defence and just let the court know the other side are being obstructive and not allowing you to defend yourself adequately by not providing (if they dont ) the documents they base their claim on.

[creditcardmug]

Phone the court again after 1 month following the filing of your defence, dont bother chasing the solicitors, its a waste of time, if it gets to the next stage, AQs, then you will have the chance to require them to produce all the documentation

[sequest]

Thanks Creditcardmug - will do.

[sequest]

Hi All,

 

I received an AQ from last week from Court.

 

I was getting prepared to send my AQ in when I received AQ from Solicitors and a request for Summary Judgement. Letter from Solicitors request that I file a witness statement. They have also requested multi-track for Court case in their AQ.

 

I was sent bundle of statements, copies of default notices but no CCA, as requested.

 

Looks as if they intend to rely on witness statement and fact that, while awaiting the bank to supply information regarding PPI which I believe had been added to the loan, I offered a monthly payment, which they are claiming is proof that I acknowledge debt.

 

Bank had informed me several months ago that they could not supply CCA.

 

Not sure what I should do next. Can someone please guide me.

 

Many thanks.

[creditcardmug]

They are upping the ante, phone the court tomorrow for a status update, ask whether they have made any applications, if they have is the court about to make an order.

 

Start reading all you can on here particularly the WON threads, with multi-track the stakes are high.

[sequest]

I haven't filed my AQ yet or a full defence because I have been waiting for them to produce the agreements. Surely they can't get Summary Judgement before I file.

 

I am confused at present. Should I file my AQ setting out Draft Directions or should I file a full defence as it seems they cannot produce agreement. Where does the Witness Statement they requested fit it? HELP!!

[creditcardmug]

Check with the court first, they could be pulling a fast one...lets gets the facts right first, then make a move

[sequest]

Thanks CCM - I will check tomorrow but I haven't got much time because my AQ should be in by end of week.

[creditcardmug]

come back on tomorrow evening then

[sequest]

I checked with Court and they have just received the application for Summary Judgement.

 

My first priority is now the AQ, but I would appreciate any advice on how to deal with the SJ.

 

As I have now received additional information from Solicitors, which only consists of copy of DN's, statements and a witness stement - no agreements, should I file my full defence now?

[sequest]

Draft Directions for AQ

 

These are the problems I would like clarification on in providing Draft Directions.

 

Sometime around 2004 (not sure exactly when because I do not possess a dated signed copy of agreement) I took out a loan. In 2006 a Bank employee approached me and asked if I would like to ADD my existing overdraft to my loan account as it would be cheaper (what a lie!!).

I agreed. I never received any loan statements but kept paying the monthly amounts, oblivious to what the bank had actually done. Approx. £4000 added to original loan and another £4500 after the overdraft was added.

 

I requested loan statements in my SAR to bank but they only supplied ones starting from the date when overdraft was added. Similarly, bank statements supplied only start from 2006.

 

In the solicitors witness statement they claim original loan was £xxxxx,

but this would only have been amount of loan in 2006 after overdraft was added, not when original loan was taken out around 2004.

 

I need the original signed agreement because PPI was added to this without my knowledge. When the overdraft was added, what documentation should I have for this.

 

What is the best way to put this in the Draft Directions ie. I want original 2004 agreement (although not sure of date), and details of any PPI, interest, etc. throughout whole period of loan and all loan statements dating back to start of loan.

 

Incidentally, in the POC they stated 2 accounts to which I owed money - loan a/c and current a/c overdraft. They have now admitted my current a/c is in credit.

 

Any help appreciated - thanks

Edited April 9, 2009 by sequest

[creditcardmug]

Hi, you can, and should, i feel file the AQ, as the court has obliged you to, notwithstanding the SJ application.

 

So i will post up details shortly, i presume you have form N150?

 

I take it you can hand deliver on tuesday? what date were you supposed to file it by?

[pt2537]

right you must file a witness statement in opposition to the summary judgment, this is very important.

 

sorry for the delay in replying ive been on trial this week, not me personally but a client, so i have only just picked up the email

 

I will have to have a read of the thread to see what we have to work with her, but SJ apps are not uncommon but can be fatal if not overcome properly

[creditcardmug]

Just posting up the defence for reference, can you type out the POC please?

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR. Accordingly the Claimants claim should be struck out pursuant to CPR 3.4(2)(a)& ©

 

2. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

3. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon, how the figures claimed are accrued, what type of accounts it is that the claim is based upon. The Claimant even fails to plead whom the money is due to and when the cause of action arose.

 

4.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

 

5.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

[sequest]

Thanks CCM.

 

I phoned Court today and they are closed tomorrow, which is date when it should be filed, so the clerk said post on Saturday or hand deliver on Tuesday.

[pt2537]

oh BTW carry on as per the norm, the SJ app will be dealt with in due course but you still need to submit a defence if you are able to defend, if you cannot then you need to make an application for directions or you could approach the otehr side, they are obliged to supply you the agreement and are obliged to allow you an extension of time to prepare your defence if they cannot supply the documents they have pleaded

[sequest]

Pt - thanks so much

[pt2537]

Hi , i think i need to read the thread first to make sure im up to speed with whats going on as i dont want to make any assumptions or mistakes

[creditcardmug]

I see paul is on the case, i will wait for his further comments, particularly on whether to file this AQ, notwithstanding the WS.

[sequest]

oh BTW carry on as per the norm, the SJ app will be dealt with in due course but you still need to submit a defence if you are able to defend, if you cannot then you need to make an application for directions or you could approach the otehr side, they are obliged to supply you the agreement and are obliged to allow you an extension of time to prepare your defence if they cannot supply the documents they have pleaded

 

When should I submit a defence. I already submitted an 'embarrassed defence' because the POC only had a/c numbers and amounts. No mention of credit agreement. Don't I need the credit agreements to base my defence on?

[pt2537]

right then,

 

have you made any applications for disclosure?

 

Have you written to the other side solicitors asking for documents?

 

If you havent done any thing above, we are going to be in a wee spot of bother and i can see what we have a SJ application as the defence is not sufficient on its own without a request for further information

 

we may need to make an application under part 18 ourselves here as you need documents and you also need to amend your defence to plead

 

infact the correct approach here would have been a formal application for the claim to be struck out but we are passed that now

[creditcardmug]

Wait for paul to read the thread mate, you have the top man on your case, but hes a busy guy, and needs to get up to speed with the case so far:)

 

Posts crossing , sorry

[sequest]

right then,

 

have you made any applications for disclosure?

 

Have you written to the other side solicitors asking for documents?

 

If you havent done any thing above, we are going to be in a wee spot of bother and i can see what we have a SJ application as the defence is not sufficient on its own without a request for further information

 

we may need to make an application under part 18 ourselves here as you need documents and you also need to amend your defence to plead

 

infact the correct approach here would have been a formal application for the claim to be struck out but we are passed that now

 

Yes I requested documents, including the loan agreement. The solicitors said they were requesting the agreement from their client but the bank had told me some months ago that they could not supply the agreement as it had been mis-filed.