Halifax loan Blair's-Moorcrap-Wetcloths-Iqor. - now HL claimform

[AndyOrch]

Its cutting it fine logging on 1 hour and 15 mins before deadline......I was aware that you required help yesterday and have been available for you all day so we could draft something together.

[twoman]

Hi Andy,

Sorry its late but not long been home from work.

What do you suggest?

[AndyOrch]

Can you bring forward the particulars and post here

[twoman]

Hi Andy,

Started work yesterday through agency for 4 weeks until 1st August so been busy working.

[twoman]

Hi Andy,

POC as below.

Edited July 1, 2014 by twoman
wrong info

[twoman]

and

[AndyOrch]

The best I can do at this short notice is copy you an holding defence ....you may have to edit it to suit...this is a personal loan ? What date did it start?

 

Im afraid I know little of your situation so Im posting blind.

[twoman]

Hi Andy,

Appreciate your help.

Loan started April 2005

[AndyOrch]

What term did you take it over?

[twoman]

5 years

[twoman]

Hi Andy,

See attached.

[AndyOrch]

####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 noted. I have in the past had financial dealings with Lloyds Banking Group .

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Lloyds.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by 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

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 for copies of any documents referred to within the Claimants particulars to establish what the claim is for given that the claimants particulars are vague.

 

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

 

7. On the alternative, as 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.

 

8. 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.

 

 

 

 

 

Add the following after point 5 if they have complied with your section 77 request but the agreement is deficient of any prescribed terms.

 

 

5a. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that it was improperly executed as set out above and by reason of Section 65(1) of the Act.

 

5b. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6

 

 

 

 

That's the best I can offer in the time available to discuss this with you.

 

Regards

 

Andy

[twoman]

Andy,

Much appreciated,

Will keep the forum posted on developments.

[twoman]

Hi Andy,

Had major problems logging in on-line,kept saying incorrect password etc so have e-mailed defence stating claim number etc.

Will phone in the morning to confirm this with them.

Will this be ok or will it go against me.?

[AndyOrch]

No as long as you check they have it tomorrow...they normally auto acknowledge but Im sure it will be fine.

 

Another reason not to leave things to the deadline:roll:

[twoman]

Andy,

Understood:behindsofa:

[twoman]

Hi All,

Posted defense on time...just,thanks to Andy.

Received confirmation from courts by post.

I have had no further correspondence about court date or whether its been stayed or what.

Any advice on what i should do as i would hate to think they would get a judgement through the back door!!!!

[twoman]

Hi Andy & All,

Advice needed for myself now.

After filing a defence in August last year,thanks to Andy,and hearing nothing until today,see attached letter.

Can you please advise on my next course of action and reply to the latest letter.

[dx100uk]

can we see the full CCA return now then please

 

 

dx

[twoman]

Hi DX,

Same CCA as in post 61

[dx100uk]

no that's the agreement

where are these T&C's

 

 

post the lot together if they are claiming the T&C's go with that agreement

 

 

dx

[twoman]

Ok DX,

5mins will scan and post up.

[twoman]

Hi DX,

Attached is what came today

 

Hi dx,

Hope this works.

[AndyOrch]

If their claim is over 10K it will be allocated to Fast Track...which you are at risk of the claimants costs...should they win.

I would give that offer of Consent some serious consideration....as you have stated you would wish to avoid a CCJ at all costs.

 

Regards

 

Andy

[twoman]

Hi Andy,

Thanks for looking in.

Their claim is not over 10k

Whilst i am prepared to make a reasonable offer so i don't get lumbered with a debt which i had nothing todo with i am prepared to offer 30-40% of the claim(their claim is approx 7k) to stop a ccj being registered against me and take the cost on the chin.

If my son was here i would make him pay it but he isn't so i'm stuck.

Do you think they will accept it.I would have to pay it over a period of time aswell.