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    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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Lloyds Repossession Claim


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Not sure if this is the best place to post this, I am faced with a possession hearing on September 2nd next, I have had the house on the market for 19 months I have now accepted an offer and solicitors have been instructed. The problem is that the house has 3 charges on it the 1st is the mortgage, the second a personal overdraft, the 3rd is a guarantee for a business overdraft for my sons company, All are with LloydsTSB group (1st C&G, 2nd Personal, 3rd different Branch of Lloyds). The first two have been very patient and have not proceeded to any action preferring to awit a successful sale, and they are owed a great deal more then the lloyds who hold the third charge, the third on the other hand is for an amount of £17,000 and it is this one that has generated the possession order application. Further complicated by the fact it is an "all monies mortgage". My questions are these.

1) Can I defend or request a it suspended on the basis that by the 02/09/09 (the hearing date) we may have exchanged. Our purchaser has an unincumbered buyer, and we will move into rented upon completion. So no chain involved

 

2) There is plenty of equity in the property, so repayment of all creditors is not in doubt upon completion.

 

I have been unemployed for this period of time, and whilst recently it looks like I'm making progress with this, nothing is certain. It should also be noted that I put the property on the market, I was not pressured to do this, my intention has always been to keep not avoid my financial committments. I was not an employee of my sons company, so only agreed to guarantee it due to their unreasonable behaviour in the first place.

 

I'm about to respond with a defence that

Their statement in the application states "The Claimant is not aware of any attempt by the Defendants to sell the Property" this is simply not true, Both Charges 1&2 are fully aware, charge 3 has never requested this information as documents, but has been informed in almost every phone call of the property being for sale.

- Property has been actively marketed since january 2008

- Price has been reduced twice to attract interest

- Upon contacting the solictors acting for Charge 3 after receipt I informed them of the sale, they refused to stop the proceedings.

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Hi, you should have no problem defending it if you can show the court the documentary evidence of the sale (your solicitor should be able to provide that), plus the fact that there is enough equity to clear all your debts.

 

If you need help with completing the N11M defence form please let me know.

 

Ell-enn

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Thats very good of you Ell-enn. in completing the form I am looking to summarise the points above, but give a fuller explantion as an appendix.

 

Incidentally your fast response is most impressive.

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Hi, at Q.27 of the defence form, you need to write "please see affixed statement" and then affix a witness statement (you'll find some examples in the Repossession forum that are affixed to threads I've helped with).

 

Ell-enn

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The fact it is an "all monies mortgage" does that mean that the 1st C&G and 2nd Personal lloyds account are aware and in agreement with this action, given that neither have brought pressure to bear (after all they are all part of the same group). I would have thought so but they have never mentioned it, they don't even chase their claims, possibly due to the previous 35 years as a good customer.

 

I will copy you on my draft defence once completed.

 

Just to re-iterate at present I have the agents offer letter, the agents confirmation of offer detailing purchasers & my solicitors detail, I'm sure I will receive more formal questionairre from solicitor prior to hearing, may even have exchanged with luck.

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I've clicked on the link that takes you to the HMC website but can't download any Forms, with the hearing notification there is a single sheet N11 defence form but no questionaire. Do you have a link to this?

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Sorry, I should have said point 27 of the N11M - I assume you have this: (affixed)

n11m_0406.pdf

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Thank you very much Ell-enn, all that was supplied was a single sheet of form N11 with no questions, I'll get on it later today and let you have a copies for your perusal and comment.

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OK, you should mention in your statement that you received no defence forms and had you not sought advice you would have been disadvantaged;)

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Hi Ell-enn, just a couple of queries.

 

Do I supply a copy of my defence prior to the hearing or at the hearing?

 

My summary is;

- property is under offer (they state they are unaware of this)

- didn't receive their solicitors letter detailing the action (still havn't)

- no substantive proposal or contact (i have copies of email to refute)

- Did not receive the defence form and would have been disadvantaged etc.

 

I can't help feeling that on such important matters solicitors should be made to send communications such as this as recorded delivery, as the additional cost is negligeable in the scheme of things, it would also remove the question of a letter not being removed ie; there would be proof I didn't receive it.

 

Thanks for the advice regarding the defence form.

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Hi, no you don't have to send it to their solicitors - the court will do that. Make sure you keep a photocopy of everything for yourself you will need to refer to it on the day.

 

You can actually hang on to the defence papers until 14 days before the hearing (you might have more information by then) - in the meantime you could write to their solicitors detailing the situation. You might find they will cancel the hearing (you can always hope!).

 

I am moving your posts to a thread of your own in the repossessions forum so it's easier to find :)

 

Ell

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No problem, happy to help :) Keep updating this thread and I will respond.

 

Ell

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If you have exchanged before the hearing, they can't repossess you. When you exchange, it has been sold, so is not yours to repossess. Even if they were to evict you, there is always a month between the hearing and the eviction date.

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