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Capital Bank Direct Loan from 1997


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Hello

 

Sent the letter today to the solicitors for more details.

 

With regards to the other letter to capital one. How do I send them the £10 as thought not to include signatures on any documentation.

Thanks

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2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Thread moved to Financial Legal Issue's.

 

 

Regards

 

 

Andy

We could do with some help from you.

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Hello

 

Just putting together my defence. Here are the particulars of the claim again:

 

"The claimant claims the sum of 6,006.66 for debt and interest. On 24/02/97 the defendant entered into an agreement with Bank of Scotland PLC for a loan under reference no xxxxxx. On 22/05/98 the defendant defaulted on the agreement with an outstanding balance of 8,511.07. On 31/07/12 the debt of 5,410.20 was assigned to 1st creditin (Finance) 5 Ltd. The company name changed to CAI Finance Ltd on 8/1/13. On 31/05/13 CAI Finance Ltd assigned the debt to 1st Credit (Finance) Ltd. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS

1. The sum of 5,410.20

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rat of 8.00% per annum from 3/8/12 to 19/12/13 496.46, & thereafter at a daily rat of 1.19 until judgment or sooner payment."

 

This is our defence:

 

Please could someone check and see if OK or anything I should omit or add. Thank you in advance.

 

----------------------------------------------------------------------------

In the Northampton (CCBC) County Court

Claim number XXXXXXX

Between

XXXXXXXXX = Claimant

and

XXXXXXX – Defendant

DEFENCE

 

DEFENCE

 

1. I, XXXXXXX of XXXXXXXXXX, am the defendant in this action and make the following statement as my defence to the claim made by XXXXXXXXXX, the Claimant.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the Defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

4. On receipt of the claim form I, the Defendant, sent a CPR 31.14 Request (dated and sent on the 3rd January 2014) for a copy of the agreement, the default notice, the Notice of assignment, a breakdown of how the outstanding balance and amount of debt when assigned to them had been calculated and any other supporting documents mentioned in the Particulars of Claim. To date of this defence I have not receive any documentation or response to the letter.

 

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

 

6. It is denied that I have an agreement with 1st Credit (Finance) Ltd.

 

7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted and was not available when the claim was processed. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

 

AND the Defendant

 

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxxx

Defendant

----------------------------------------------------------------------------

 

Look forward to a reply.

Edited by lisaclaim
image for defense not readable

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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  • 2 weeks later...

Hello

 

Received the a letter from 1st Credit which can be viewed here

http://tinypic.com/r/2nhgtpx/5

 

this was the defence we eventually submitted, not what is above in my post

http://tinypic.com/r/iwtzf7/5

 

Please help as worried now. What should I do.

May thanks

Edited by lisaclaim
added defense image

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hi Lisa responding to your PM.

 

Ok having quickly scanned through your thread...which defence did you submit...above or the one on TinyPic?

 

The above response that you have uploaded as jpg is far too small to read if you can convert it to pdf.

 

With regards to their letter who is the other party they wish to add...this is a joint loan correct?

 

Regards

 

Andy

We could do with some help from you.

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Hello

 

the defence we submitted was the one on tinypic. yes I realised too small but could not remove the post sorry.

 

yes it is a joint loan and they wanted to add me.

Thanks

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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sorry also should have added they have changed solicitors to their own inhouse legal department !

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hello

 

the defence we submitted was the one on tinypic. yes I realised too small but could not remove the post sorry.Dont remove it just convert it to a pdf then we can read it

 

yes it is a joint loan and they wanted to add me.Whos name is on the N1 now ...hubbys?

Thanks

 

Andy

We could do with some help from you.

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Hello

 

The image is not correct anyway, sorry for the confusion. The tinypic images are correct

 

Received the a letter from 1st crediticon which can be viewed here

http://tinypic.com/r/2nhgtpx/5

 

this was the defence we eventually submitted, not what is above in my post

http://tinypic.com/r/iwtzf7/5

 

The Claim form there is only my husbands name on it

Thanks

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2007 - RECLAIMED over £4,000

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Okay the defence you submitted was one of mine bar the intro which you changed......therefore making it not CPR compliant...hence their response to make application for Summary Judgment.

 

Applying for Summary Judgment dispenses with the need for trial and they may get judgment at the next hearing.

However they have yet to make application (14 days) and as an added threat they will add you as co defendant...which is pointless really and purley mind games.

 

In the meantime read the following which will give you an understanding of CPR 24 and what you may expect should they make application.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

Regards

 

Andy

We could do with some help from you.

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Hello

 

Thank you for responding... apologies is what I missed causing a problem then! What did I miss sorry.

 

I took a look at the link and will have to read later as way over my head :( I presume when they make an application within 14 days I get a chance to see the application and have time to respond /

 

Many thanks again

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If you look at the original version of that defence you always start by either agreeing or refuting their particulars of claim...

 

Paragraph 1 is denied...Paragraph 2 is accepted etc etc.....that makes it CPR compliant.

 

Yes you should be served a copy of their application (assuming they make one) and any Witness Statement in support of.

You can respond in objection by way of your own WS which should be served not less than 7 days pre hearing.

 

Regards

 

Andy

We could do with some help from you.

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  • 5 weeks later...

Hello... please help

 

received a 'Notice of Proposed Allocation to the Small Claims Track'

 

It states that this is now a defended claim. The defendant has filed a defence (but the next sentence is crossed out "a copy of which is enclosed".

I must complete by 10th March a small claims directions questionnaire and file with court office.

By the same date, the allocation fee of £40 is due. payable by the claimant, if not paid then the claim/counterclaim will be struck out

 

It is still only showing my husband as the defendant although in the last letter I got from them (in previous note above an image) they state they were adding me.

 

Not sure what the heck is going on so please help

:)

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2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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its simply the next stage once a defence has been submitted...nothing to panic about.

 

Andy

We could do with some help from you.

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Thank you Andy for responding so quickly.

 

If the defendant has filed a defence why am I not seeing it. Why is that bit crossed out. presuming then I just let the 10th March go by without filling in a form ?

 

Thanks

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2007 - RECLAIMED over £4,000

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Northampton presume you kept a copy of your own defence? If you don't submit your DQ by the 10th the court can strike your defence out and award a CCJ to the claimant...so I would submit on time.

We could do with some help from you.

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Hi... I need to calm down lol... read it completely wrong. I forget that we are the defendant and it meant us. I was thinking that they had filed a defence.

 

Basically I don't have a chance now then :( I wouldn't be able to disagree with the case been referred to the small claims mediation service. I have no chance if I have to go to court.

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2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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I'm somewhat confused with your response lisa...just because its being transferred to your local county court and you have an opportunity to mediate...was that not the reason you defended in the first instance...rather than admit and let them get a CCJ by default?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi... sorry if you are confused. Of course we dont want a CCJ. I was just hoping that it would be over without court. I am scared as do not know what to say when in mediation. Do I admit it or not. I have not done this before and do not know what to say to them.

 

I know you are helping but you have to understand your responses seem to be from experiences and you have confidence with this and assume I would also. I dont, so sorry if you are confused. I am too !!!!

 

 

I'm somewhat confused with your response lisa...just because its being transferred to your local county court and you have an opportunity to mediate...was that not the reason you defended in the first instance...rather than admit and let them get a CCJ by default?

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2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Okay just had a read from the start of this which started with you requesting a copy of your agreement and they complied (remarkable given its age) and it it considered that it is in fact enforcible.

 

Then the Court claim arrived and you opted to defend the claim.Im not sure of the grounds for the decision considering they complied with your request.

 

Once a claim is issued you either accept and admit and arrange payment and if not settled by the said date you get a CCJ for 6 years or you defend (which will involve court appearances)and should the defence fail you still get a CCJ for 6 years.

 

But by defending the claim this does allow opportunity to mediate and in some cases avoid a CCJ if an agreement can be reached and the matter stayed by way of a Consent/Tomlin Order.

Of course mediation does not always happen or always successful and so the claim proceeds to trial.

 

Now you are at Allocation stage by completing the DQ and nominating for mediation this facility will be offered.This part of the process simply transfers the claim to your local county court out of CCBC (Northampton).Both parties are expected to approach each other or through the court services to narrow any issues and even agree to settle...but if this hits stalemate then of course the claim proceeds.

We could do with some help from you.

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Hi again.. thanks for the response.

 

We were defending based on information in this post. I first submitted details in 2009 and as nothing had been actioned by the creditors I just assumed that nothing ever would... Didn't get court action details until this year which is a long time.

 

One of my main concerns are I have no idea how they got to the total amount owed.

 

I will fill in the N180 and hope to mediate. Presumably there would be no meetings arranged.

 

Cheers

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2007 - RECLAIMED over £4,000

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Then that is the basis of your mediation...that you seek clarity with the amount claimed and try to come to some agreement (preferably without a CCJ being registered).

 

Most mediation is usually by way of a teleconf with the mediator acting as go between.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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