1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***

[gill5blue]

Hi,

Reply from court,

Need amended Defence and signed statement of truth

Gill

[gill5blue]

Hi,

I understand about the amended defence but what is a signed statement of truth?

Gill

edited-just found it doh

[gill5blue]

Hi

Shall I send in an amended defence and witness statement, then I see it as I'm covered.?

Gill

[dx100uk]

as far as I can understand

 

you need to re-submit your defence

aligned to what is contained in the POC below

 

and including ref to the 8.2 T&C's issue you raised at the first hearing

 

so

 

1.The claimant claims the sum of £13k for debt and interest.

 

2.On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

3.On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

4. the debt was assigned to st credit for the sum of £12k.

5.Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and

claimant claims

1. the sum of 1£2k

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8%

per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment.

and

did the judge indicate that because you brought up the T&C's 8.2 issue

[when it was not in your defence as above] that was unfair

and you had to go away and revise it to include that?

.......

dx

 

 

 

[gill5blue]

Hi dx,

We have received a letter from the court now.

It states, Mr.... raising matters not included in his Defence.

It is ordered that to send to the claimant and the court an Amended Defence with a signed statement of truth setting out each and every point he wishes to raise in defence to the claim

I shall work on an Amended defence

Gill

[dx100uk]

blimey got that one right

 

 

dx

[gill5blue]

Hi,

Help please, how do I start wording my amended defence, I'm sittining here not sure where to start

Gill

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

find similar cc debts

 

 

align to the poc in post 102

[gill5blue]

1.The claimant claims the sum of £13k for debt and interest.

 

2.On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

defence-on the 01/04/2004 the defendant signed an application form for a 'AA' credit card. On the back of the application form, there are terms and conditions numbered 1 to 1.6 and referencing a term and condition 8.2. this term (8.2) is referred to but not on the back of the application form.

3.On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

the Default notice is invalid due to the dates specified not giving the defendant enough time to remedy by. The letter is dated Saturday 27th June 2009 and states arrears must be paid before 11th July 2009. The law states-ill add that later

4. the debt was assigned to st credit for the sum of £12k.

 

5.Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925.

6. Full Terms and conditions were not present at the time of applying but were supplied later but there is no valid agreement between the claimant and the defendant

How is that for starters?

Gill

[gill5blue]

Hi dx,

thanks for the link,

 

 

I do read read, but a lot of them are 'discontinued', so haven't gone back to court. I have looked honest.

 

Some of them are quite old too,

 

 

I do read about invalid default notices, does this not apply now?

 

 

My feelings are it should apply and I would put it in my defence,

 

 

may make them 'discontinue' because they don't know if the judge will agree or not.

 

 

The judge has been lenient so far

Gill

[dx100uk]

post 94/102

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?411231-Arrow-Global-Shoosmiths-Claimform-for-old-CAp1-debt-***Claim-Discontinued***/page2

[gill5blue]

Hi Thankyou,Im working on the defence now

 

 

Questions-----Do they need turn up with the 'original' Agreement or are the copies I receive acceptable?

 

 

The terms and conditions have no date or name on them-so you cannot tell who/what they are related to. Should they have some idenfying mark on them in relation to the agreement?

Edited February 21, 2015 by gill5blue
questions added

[gill5blue]

####Defence####

 

 

 

1. On the 1st April 2004 the Defendant signed an Application Form for a 'AA' Credit Card. On the back of the Application Form, there are terms and conditions numbered 1 to 1.6 and referencing term and condition 8.2, this was missing on the application form.
   1a) Full Terms and Conditions were not present at the time of applying but were supplied later when a request for a Consumer Credit Agreement in April 2009 under the Consumer Credit Act 1974 (Sections 77-79).
   1b) The Application Form does not contain the amount of credit applied to the account, which is a requirement under the Consumer Credit Act 1974 (Sections 77-79 need to check) for an Agreement.
   1c) In their Witness Statement, they also refer to the document as a Application Form and not an agreement.
   
2. Therefore it is my belief they have only supplied an Application Form and not an Agreement under the Consumer Credit Act 1974 (Sections 77-79 need to check) for an Agreement.
   

)

I'm struggling with wording the defence.

dx I looked at that thread and I have received a lot of documents, that person didn't.

Help please, I feel like I am running out of time. I have my head in m y hands and I'm surrounded by paperwork

[dx100uk]

sorry theres an amended one on post 102 in that thread.

 

 

still cant see any of that that you've used above mind

 

 

you need to use that format.

 

 

which you should be seeing in almost every thread in these forums to do with a claimform.

 

 

so here it is:

 

 

use this format

and adapt it to the numbered paragraphs of their PoC

and then add you bit about the 8.2 issue you brought up in court.

 

 

####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. Paragraph 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3.Paragraph 2 is denied I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of over 3 years ago up until receipt if this claim.

 

On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 request. To date, no response has been received from Shoosmiths LLP. Arrow Global Guernsey Ltd. have replied to the section 78 request, however they do not accept that they are the creditor, and have yet to furnish me with the requested information. They have stated that they will “assist in obtaining that which has been requested” and have also stated that “we confirm that all collection activity will be suspended pending provision of the documents”

 

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, 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 credit Act 1974.

 

6. 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.

[gill5blue]

Hi

I have some questions:

Can I use point No 1? Does that apply to me? Are the poc vague and generic?

[dx100uk]

have you typed in

 

 

moon beever claim form

 

 

in the RED toolbar's search CAG box and looked?

 

 

I think you'll find that it is very generic [used on every MB claimform]

and is vague

[gill5blue]

Hi,

This is what I've come up with so far, I will add more later but I thought I would get some feed back. I have read threads, mind I didn't think to search for moon beever) I do appreciate this is a self help forum and I am trying to do it. It does seem that if I ask I get pointed to threads, which have been discontinued?1? so not at the stage I am, and if I don't ask and do it myself, I get told why didn't you ask earlier...Please I need a little bit more help.

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. Paragraph 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement on which its claim relies upon.

3. Paragraph 2 is denied, On the Saturday 27/06/2009 an invalid Default notice was issued. The date of the Default Notice Letter is 27/06/2009 and to pay 'before the 11th July 2009' The Consumer Credit Act 1974 section 88 specifies :

A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed.

The earliest I could of received the default would have been 29/06/2009 and 14 days after that is 13/07/2009. I was not given 14 days, therefore the Default Notice is invalid.

It follows that to Assign a debt there has to be valid default notice in place.

Hi

Edited February 22, 2015 by citizenB
tidied up formatting

[gill5blue]

Hi

Is there anyone at all out there that can help, I feel so alone, and I 'm getting nervous.

Please if anybody can input something that wouild be great help Gill

[gill5blue]

Hi

I have edited post number 115

I shall read this later and tidy it up and add the claimants poc and post off to the court.

Any suggestions to improve on my defence will be very welcomed

Thanks to the people who inputted on this thread

Would there be any court buddys around the end of March- luton court

Gill

[dx100uk]

you have until Thursday you said in post 85

 

 

please stop panicking.

 

 

there is no rush

 

 

dx

[gill5blue]

---Quote (Originally by dx100uk)---

you have until Thursday you said in post 85

please stop panicking.

there is no rush

dx

---End Quote---

I have to post it Tuesday to make sure it gets there by Thursday Iam at work all day Monday and Tuesday, so I only have today Sunday to sort it out Gill

[dx100uk]

you can email it I'm sure up until 4pm thursday.

 

 

simply ask the court for the relevant email address

 

 

dx

[citizenB]

It follows that to Assign a debt there has to be valid default notice in place.

 

I am not sure that they do have to issue a default notice prior to sale ?

[gill5blue]

Thankyou cb, I will remove that

[gill5blue]

---Quote (Originally by dx100uk)---

you URGENTLY need to send a NEW CCA request to 1st credit by recorded delivery

and a CPR 31:14 to the sols.

it matters not what *you* hold

its what the *claimant* has and they must be forced to produce it

dx

---End Quote---

I did this and they produced the same as before, 'Application Form'

Why did I have to resend?

Gill