Help - RWay 9 Year Old Debt - lowell claimform What to do?

[SF2010]

Bump

 

Hi Citizen B, I have no doubt the reason why no-one was sent was because the listing judge had made an order for originals to be brought to the hearing. They have sent me a reconstituted copy of an agreement from a microfiche. Despite statute, this does not appear to be regarded as relevant.

 

All - Help please

 

I have received a copy of the order and was slightly disappointed by the content. The order was a repeat order of that made in March for listing, to fully particularise the claim and the response to that was what was available in Court on that day. It gave no specific detail about what particulars should include, notices etc. Is it reasonable to send the claimant another request which outlines the particulars I want? Notice of assignment, default etc?

 

Given that the claimant is not likely to show up, I would like to make sure the court is aware of yet another request made to comply with statutory obligations, so I have a sound basis for discussion at the next hearing, if further suspect information is provided. Would you recommend this approach?

[unclebulgaria67]

The advice given previously is that you should not remind the claimant what they have to do and to leave it up the Judge at the hearing to see what they have got. If they don't come with the required documents, then you can say that the claimant has failed to comply with the court order and therefore the claim should be struck out.

[SF2010]

Hi All, as suspected a 'statement' on un-headed paper was sent me and the courts as particulars of claim and nothing more. It is not a bank statement, it's a list of payments and interest which could easily have been designed from the copy of agreement they sent. It's all coming very peace meal, perhaps for effect and because they were encouraged to put in anything, so why not?

 

So off to court we go again! Can anyone advise if the requirement for notices, default etc and original agreement is still applicable under the law of the property act? Earlier posts suggested more documentation was required, regardless of a claim of purchase, but it is apparent that this is ignored at times.

 

I would be grateful for a reminder on the legal arguments please.

 

I'm sure BC is watching and probably having a good old laugh at how far this has reached. I have nothing to lose and will be seeing my MP about this shortly.

[AndyOrch]

Can you bring forward the March Order SF......

[SF2010]

Sorry Andy not sure what that means? Can you explain?

[AndyOrch]

" I have received a copy of the order and was slightly disappointed by the content. The order was a repeat order of that made in March for listing, to fully particularise the claim and the response to that was what was available in Court on that day. It gave no specific detail about what particulars should include, notices etc. Is it reasonable to send the claimant another request which outlines the particulars I want? Notice of assignment, default etc? "

[SF2010]

Andy

 

Does this explain sufficiently?

 

The statement received was in response to the second order made at Court after I pointed out they had not complied with the first order. It is a single statement on unheaded paper that shows payments, interest etc and covers 17 years. There are a small number of charges on this statement too. That should be reclaimable from OC, as it's supposed to be genuine. It's not an OC statement, so how does it get verified?

 

I sent the SAR and I'm getting a run around. First very delayed response, told signature doesn't match. Next, told I'll have to give them info for nearest branch and they'll let me know when it's ready for collection on production of specific ID. My second response points out the fact that I should not be obstructed from being provided with my personal information.

 

Didn't have any difficulty with corresponding before. Now I've provided details of the mystery consolidated account, the request is not so forthcoming. I have a strong feeling there's either PPI or bank charges and it's significant.

 

I would be grateful if you can advise where I find the calculator to reclaim bank charges.

[AndyOrch]

Not really..... I want to know what directions the court has imposed on the Claimant (originally in March and at the last hearing)...what they have to disclose and by when and what they have failed to disclose.?

[SF2010]

Apologies Andy

 

The direction order in March States claimant must:

Deliver all documents intended to rely on by 14 April

Originals brought to hearing

Judge may refuse to consider a document or take into account a copy if not sent to the other party as required by the Order

Must include statements of all witnesses

Neither party may rely on any report from an expert unless permission has been granted by the court beforehand.

Claimant to file and serve fully particularised details of claim in a fully particularised format, so that the defendant knows the claim to be met, such particulars to be filed and served within 14 days of service of the order. (That would have been by mid March)

Because the Order was made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.

 

Second general form of judgement or order Upon the claimant failing to comply with the order of the Court, to file fully particularised particulars of claim in that format (what format?) or claim will be struck out.

Upon defendent indicating that she has not received statements or notices in relation to this loan.

Matter to be relisted when fully particularised details of the claim are provided.

 

So my question is can anything be sent as fully particularised details? The Judges direction order was not explicit, but mentions statements and notices.

 

The statement does of course reach the amount that is being claimed, it is not an OC statement.

 

They have failed to disclose statements that are recognisable and failed to demonstrate that this is in anyway associated with the OC. It is the same regarding the notice of assignment that was in the original documents sent to the court in response to the first Order. I have read and understand the statutory requirements to some degree, but it would seem it is up to me to prove that it is not genuine, even though it is plain to see, rather than the claimant proving their claim with blank pieces of paper created on their own computers.

 

So, there is statement and a NOA, none being recognisable as being from the OC. There isn't even any attempt to make reference to the OC, but that's not surprising given that it's not. Is there an application for an Order I could consider making now, as the SAR has not yet been provided?

[AndyOrch]

The NoA can come from either the assignor or assignee so scratch that one...the statement as you rightly state has been manufactured to fit the case...unless its on the OC paperwork its meaningless....anyone could have typed it up.

 

The claimant was to file and serve fully particularised details of claim in a fully particularised format...have they?

 

Your DSAR has nothing to do with this claim...its independent and not part of any defence.

 

Regards

 

Andy

[The Mould]

Apologies Andy

 

The direction order in March States claimant must:

Deliver all documents intended to rely on by 14 April

Originals brought to hearing

Judge may refuse to consider a document or take into account a copy if not sent to the other party as required by the Order

Must include statements of all witnesses

Neither party may rely on any report from an expert unless permission has been granted by the court beforehand.

Claimant to file and serve fully particularised details of claim in a fully particularised format, so that the defendant knows the claim to be met, such particulars to be filed and served within 14 days of service of the order. (That would have been by mid March)

Because the Order was made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.

 

Second general form of judgement or order Upon the claimant failing to comply with the order of the Court, to file fully particularised particulars of claim in that format (what format?) or claim will be struck out.

Upon defendent indicating that she has not received statements or notices in relation to this loan.

Matter to be relisted when fully particularised details of the claim are provided.

 

So my question is can anything be sent as fully particularised details? The Judges direction order was not explicit, but mentions statements and notices.

 

The statement does of course reach the amount that is being claimed, it is not an OC statement.

 

They have failed to disclose statements that are recognisable and failed to demonstrate that this is in anyway associated with the OC. It is the same regarding the notice of assignment that was in the original documents sent to the court in response to the first Order. I have read and understand the statutory requirements to some degree, but it would seem it is up to me to prove that it is not genuine, even though it is plain to see, rather than the claimant proving their claim with blank pieces of paper created on their own computers.

 

So, there is statement and a NOA, none being recognisable as being from the OC. There isn't even any attempt to make reference to the OC, but that's not surprising given that it's not. Is there an application for an Order I could consider making now, as the SAR has not yet been provided?

 

SF, you are now entitled to file an Application notice (form N244) requesting that the Court strike out the Claimant’s claim under CPR Pt 3 r.3.4(1)©, and I would advise you to file the same with the Court without any delay. Follow the details below for this.

The application (N244) will cost you a fee of £55 – this is without a hearing.

 

On page one of the N244, fill out the Court details and Claim no. and Claimant’s and your details in the top right-hand box and the date (include Claimant’s sols ref if you know them).

Leave Warrant no. blank (not applicable to your application).

 

In para 1 – put your full name in Caps.

In para 2 – tick Defendant box.

 

In para 3 - What order are you asking the court to make and why?, state the following:

 

1. The Defendant in these proceedings respectfully requests that the Court make an order striking out the Claimant’s claim under CPR Pt 3 r.3.4(1)©.

Because;

2. The Claimant has failed to comply with the two Court orders dated (put the date of each order here) and the order dated (the second General order date here) clearly stated that if the Claimant failed to comply with the same, his claim would be struck out. The Claimant has failed to comply with both said Court orders.

 

In para 4 – tick the No box (this is because your application is straightforward for the Court to deal with, so no need to attach a Draft order)

 

In para 5 – tick without a hearing box

 

In para 6 – leave blank

 

In para 7 – leave blank

 

In para 8 – put District Judge

 

In para 9 – put The Claimant

 

On page two in para 10 – tick the evidence set out in the box below, and in the big box simply write as follows:

 

1. On the (put date) this Court handed down directions order for the parties to comply with. Amongst other things, the order provided that the; “Claimant to file and serve fully particularised details of claim in a fully particularised format, so that the defendant knows the claim to be met, such particulars to be filed and served within 14 days of service of the order”. The Claimant failed to comply with this provision. A copy of the said order is served hereto marked exhibt (put your initials in Caps followed by the number 1. For example; John Smith would be – exhibt “J S 1”).

 

2. On the (put date) this Court made a second order which provided that; “Upon the claimant failing to comply with the order of the Court, to file fully particularised particulars of claim in that format or claim will be struck out”. It should be noted that the Claimant has now also failed to comply with this order. A copy of said second order is served hereto marked exhibt (this would be “JS 2”).

 

3. Accordingly, based upon the facts set out above and the evidence served herewith which substantiate this application, this Court would be justified in making an order to strike out the Claimant’s claim and the Defendant respectfully requests that this Court do make such order without any further order or notice on the Claimant.

 

Then fill out the Statement of Truth – sign & date.

 

In para 11 – your signature & date.

 

Then fill out your full address details & Phone & Fax & E-mail details –(if applicable).

Make 3 copies of your Application notice & your two exhibits (the two Court orders), keep one copy for yourself and file two copies with the Court and the £55 fee.

I hope the above will help you in this matter.

 

Godzilla

 

Kind regards

 

The Mould

[SF2010]

Thank you The Mould!

 

I am really grateful. Im sorry Andy, I didnt know if the fake statement could be considered a particularised claim. Ive have had so many unexpected events with this one over the years.

 

Ill see what happens now!

 

Eternally grateful! Thank you!!!

[AndyOrch]

Thank you The Mould!

 

I am really grateful. Im sorry Andy, I didnt know if the fake statement could be considered a particularised claim. Ive have had so many unexpected events with this one over the years.

 

Ill see what happens now!

 

Eternally grateful! Thank you!!!

 

It isnt..... statements are nothing to do with what the DJ ordered them to do.He requested them to file and serve fully particularised details of claim in a fully particularised format

[The Mould]

Thank you The Mould!

 

I am really grateful. Im sorry Andy, I didnt know if the fake statement could be considered a particularised claim. Ive have had so many unexpected events with this one over the years.

 

Ill see what happens now!

 

Eternally grateful! Thank you!!!

 

You’re welcome SF.

 

 

I sincerely hope that you make the above application that I drafted for you without any delay, because, now, after almost 4 years, you have the proper legal grounds to request a strike out order of the Claimant’s claim from the Court (Claimant’s non-compliance with two (2) Court Orders!).

 

 

Don’t miss or waste this great opportunity SF.

 

 

Godzilla

 

Kind regards

 

The Mould

[AndyOrch]

Hold with that application SF I am trying to determine if there are any other points that can be added...such as above.... post #188.

[SF2010]

Hi Andy and the Mould

 

I went and made the application completed in full as advised the very next morning.

 

I have received a reply to the application and it has been refused. The response says that the particulars of claim was received on 24th June by the court. The 'particulars' that was sent was a list of payments in the form of a statement, as advised earlier. Not on headed paper and no confirmatory paperwork from the OC. It does include quite a lot of £1 payments too.

 

This has now been re-listed for a hearing. I just don't know what to do anymore.

[unclebulgaria67]

Andy/The mould will advise you further on this, but ahead of any further hearing, you may be able to send a further CPR letter to the claimant to probe the statement that has been sent to you. Whether you would get any response would be another matter. I suspect the claimant will wait for any hearing and hope for a helpful Judge. I fear that Judges do side with claimant creditors who want to enforce a debt and therefore unless you really know your stuff, you may struggle to defend.

 

You really need to go back over this thread and think about what you are not sure about. Then write down a list of questions that you have and come back to see if you can get answers, so you have more understanding of how you can defend this. I am unclear what information the Judge is wanting the claimant to provide. What is sufficient for the claim being made ? What statutory rights do you have ?

[The Mould]

Hi Andy and the Mould

 

I went and made the application completed in full as advised the very next morning.

 

I have received a reply to the application and it has been refused. The response says that the particulars of claim was received on 24th June by the court. The 'particulars' that was sent was a list of payments in the form of a statement, as advised earlier. Not on headed paper and no confirmatory paperwork from the OC. It does include quite a lot of £1 payments too.

 

This has now been re-listed for a hearing. I just don't know what to do anymore.

The application notice that I drafted for you was wholly legitimate.

How was you to know and indeed how was I to know that on the 25 and 26 of June (date of drafting and date of filing the said application) the Claimant had filed papers with the Court on the 24 June and which the Court is claiming to be his particularised statement of case in accordance with the two Court orders.

In any event, no particularised statement of case has been served on you pursuant to the said orders and so we have yet to see if the Claimant has indeed complied with the same.

Are there any directions listed for you and the Claimant in the Courts’ response letter to your said application?

When is the matter listed for a further hearing?

Kind regards

The Mould

[SF2010]

Thanks Uncle Bulgaria

 

I am very unclear about what the judge wants the claimant to provide too. I was trying to explain that I didn't know what to expect from the 'particularisation in a fully particularised format' and I'm still not clear of the answer, except that what was sent shouldn't be accepted as such, but it would seem that it has been.

 

Im hoping Andy/The Mould can advise some specific points of defence, if I have any. It would seem that statutory rights are not requirements for those who buy a debt. I'm hoping to be corrected.

 

Many thanks for replying so quickly.

[SF2010]

Thanks The Mould

 

I've copied your questions to provide a reply to each. Thank you for getting back to me so quickly.

 

The application notice that I drafted for you was wholly legitimate.

 

I appreciate that The Mould, it was never doubted on my part.

 

 

 

How was you to know and indeed how was I to know that on the 25 and 26 of June (date of drafting and date of filing the said application) the Claimant had filed papers with the Court on the 24 June and which the Court is claiming to be his particularised statement of case in accordance with the two Court orders.

 

Agreed and how come I have it received those particulars? If it is the ones that was sent to be under the heading of particulars of claim, this is a list of payments and deductions on unheaded paper.

 

 

In any event, no particularised statement of case has been served on you pursuant to the said orders and so we have yet to see if the Claimant has indeed complied with the same.

 

Mould, I did receive a list of payments sent as an exhibit, headed further particulars of claim, headed up statement of account with my name and account number on un-headed paper. I can try to scan and post if that would assist in any advice you may be able to give.

 

 

Are there any directions listed for you and the Claimant in the Courts’ response letter to your said application?

 

There are no directions of rme in the response. It simply says: The Defendents application refused - particularised of claim were received by the Court on 24th June 2014

 

The case is re-listed for 26 August.

 

When is the matter listed for a further hearing?

 

As above

[The Mould]

Thanks The Mould

 

I've copied your questions to provide a reply to each. Thank you for getting back to me so quickly.

 

The application notice that I drafted for you was wholly legitimate.

 

I appreciate that The Mould, it was never doubted on my part.

 

 

 

How was you to know and indeed how was I to know that on the 25 and 26 of June (date of drafting and date of filing the said application) the Claimant had filed papers with the Court on the 24 June and which the Court is claiming to be his particularised statement of case in accordance with the two Court orders.

 

Agreed and how come I have it received those particulars? If it is the ones that was sent to be under the heading of particulars of claim, this is a list of payments and deductions on unheaded paper.

 

 

In any event, no particularised statement of case has been served on you pursuant to the said orders and so we have yet to see if the Claimant has indeed complied with the same.

 

Mould, I did receive a list of payments sent as an exhibit, headed further particulars of claim, headed up statement of account with my name and account number on un-headed paper. I can try to scan and post if that would assist in any advice you may be able to give.

 

 

Are there any directions listed for you and the Claimant in the Courts’ response letter to your said application?

 

There are no directions of rme in the response. It simply says: The Defendents application refused - particularised of claim were received by the Court on 24th June 2014

 

The case is re-listed for 26 August.

 

When is the matter listed for a further hearing?

 

As above

Thank you SF

Your last post here clearly confirms that the Claimant has not filed and served “fully particularised details of claim in a fully particularised format”

Condition of 1st Court order imposed on Claimant:

“Claimant to file and serve fully particularised details of claim in a fully particularised format, so that the defendant knows the claim to be met, such particulars to be filed and served within 14 days of service of the order”.

Condition of 2nd Court order imposed on Claimant:

 

“Second general form of judgement or order Upon the claimant failing to comply with the order of the Court, to file fully particularised particulars of claim in that format or claim will be struck out”.

If the papers/documentation recently filed with the Court on 24 June 2014 by the Claimant (and any such papers or documentation served on you) do not comply with the above-quoted conditions of the said Court orders, then at the new hearing in August you must request that the Court strike out the claim pursuant to said conditions.

Further, contact the Court on Monday and request that they serve a copy of the Claimants’ particularised particulars of claim on you because the Claimant has not served a copy of the same on you.

The Court has ordered that the Claimants’ particularised details of claim in a fully particularised format must comply with the provisions of CPR Pt 16 r.16.4 & Practice Direction 16 paragraphs 3.1 to 3.8 & paragraph 7.3 and served on you. I now set out those provisions for you below.

Rule 16.4 Contents of the particulars of claim (Civil Procedure Rule - CPR)

16.4

(1) Particulars of claim must include—

(a) a concise statement of the facts on which the claimant relies;

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

© if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e) such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest he must—

(a) state whether he is doing so—

(i) under the terms of a contract;

(ii) under an enactment and if so which; or

(iii) on some other basis and if so what that basis is; and

(b) if the claim is for a specified amount of money, state—

(i) the percentage rate at which interest is claimed;

(ii) the date from which it is claimed;

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv) the total amount of interest claimed to the date of calculation; and

(v) the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth.)

16PD.3 (Practice Direction)

Particulars of claim

3.1 If practicable, the particulars of claim should be set out in the claim form.

3.2 Where the claimant does not include the particulars of claim in the claim form, particulars of claim may be served separately:

(1) either at the same time as the claim form, or

(2) within 14 days after service of the claim form† provided that the service of the particulars of claim is not later than 4 months from the date of issue of the claim form† (or 6 months where the claim form is to be served out of the jurisdiction†).

3.3 If the particulars of claim are not included in or have not been served with the claim form, the claim form must also contain a statement that particulars of claim will follow.

3.4 Particulars of claim which are not included in the claim form must be verified by a statement of truth, the form of which is as follows:"[i believe] [the claimant believes] that the facts stated in these particulars of claim are true."

3.5 Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.

3.6 The full particulars of claim must include:

(1) the matters set out in rule 16.4, and

(2) where appropriate, the matters set out in practice directions relating to specific types of claims.

3.7 Attention is drawn to the provisions of rule 16.4(2) in respect of a claim for interest.

3.8 Particulars of claim served separately from the claim form must also contain:

(1) the name of the court in which the claim is proceeding,

(2) the claim number,

(3) the title of the proceedings, and

(4) the claimant's address for service.

16PD.7 (Practice Direction)

Other matters to be included in particulars of claim

7.1 Where a claim is made for an injunction or declaration in respect of or relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must:

(1) state whether or not the injunction or declaration relates to residential premises, and

(2) identify the land (by reference to a plan where necessary).

7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

7.6 In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.

Did the Court return your £55 payment for the application?

Kind regards

The Mould

[SF2010]

Hi The Mould

 

I wonder if I am understanding correctly and causing some confusion as I'm not clear about the particularisation. I will explain:

 

Following the Direction Order of the judge to appear with originals and fully particularise, the papers presented for the first hearing was:

Exhibit 1 copy of the credit agreement from 1997 and a copy of an application form

Exhibit 2 copy of letter from Lowell's stating they had purchased the debt and a copy of a letter supposedly from OC on un-headed paper stating they sold it to Lowell's. (Andy says this can be sent from Lowell's) both dated September last year (never received)

Their accompanying statement includes:

The debt was assigned to the claimant on 24 June 2013

The claimants solicitor received a request for information and disclosure under Part 18 and part 31, 29th and 21st December. The claim has most properly been allocated to the Small Claims Track and part 31 and 18 do not apply.

'the defendent states that she made a request for documentation under s77-78 CCA 1974 on 23rd December. The claimant has now been provided with the signed agreement exhibited at 1, any previous breach is denied. (Yet true, no paperwork whatsoever before this was filed)

 

Then after the second order, the same documentation was sent again, along with the unheaded statement of account, under a heading particulars of claim.

 

The judges direction was made

 

UPON the Claimant indicating by letter that they would not be attending the hearing but providing a witness statement

UPON the claimant having failed to comply with the order of the court dated 3rd March to file fully particularised particulars of claim in that format by 17th March

UPON the Defendent indicating she does not recognise the loan agreement

UPON the Defendant indicating that she has never received statements and notices in relation to this loan (not exactly what I said though, I said I have it had any default notices, Statement of account that I have repeatedly requested before the court date)

 

Now if format is the only requirement, then I guess the statement they sent can then be considered particularising the claim. As it shows interest, deductions and payments. If you can just create a document in that format and say here you go, then I guess, right or wrong it has been done Mould. The fight is about truth and who the proof needs to be provided by. It seems it is I who needs to prove it isn't authentic rather than they who need to prove their claim.

 

It has been 30 days since I requested my SAR in order to get more information about the consolidation loan and what it consolidates, but I a getting the run around about signatures not matching etc. I know it is not part of my defence but I do feel there may well be helpful information contained in those documents.

 

It seems BC has got a goer here thanks to these judgements and if that is the case. As Uncle B said, you only need a sympathetic judge towards the claimant and outcomes can be a hard pill to swallow. He seems to have had a couple so far. I must be getting something wrong and I'm not sure where to go with this Mould.

[SF2010]

No refund of the money for the application.

[The Mould]

Hi The Mould

 

I wonder if I am understanding correctly and causing some confusion as I'm not clear about the particularisation. I will explain:

 

Following the Direction Order of the judge to appear with originals and fully particularise, the papers presented for the first hearing was:

Exhibit 1 copy of the credit agreement from 1997 and a copy of an application form

Exhibit 2 copy of letter from Lowell's stating they had purchased the debt and a copy of a letter supposedly from OC on un-headed paper stating they sold it to Lowell's. (Andy says this can be sent from Lowell's) both dated September last year (never received)

Their accompanying statement includes:

The debt was assigned to the claimant on 24 June 2013

The claimants solicitor received a request for information and disclosure under Part 18 and part 31, 29th and 21st December. The claim has most properly been allocated to the Small Claims Track and part 31 and 18 do not apply.

'the defendent states that she made a request for documentation under s77-78 CCA 1974 on 23rd December. The claimant has now been provided with the signed agreement exhibited at 1, any previous breach is denied. (Yet true, no paperwork whatsoever before this was filed)

 

Then after the second order, the same documentation was sent again, along with the unheaded statement of account, under a heading particulars of claim.

 

The judges direction was made

 

UPON the Claimant indicating by letter that they would not be attending the hearing but providing a witness statement

UPON the claimant having failed to comply with the order of the court dated 3rd March to file fully particularised particulars of claim in that format by 17th March

UPON the Defendent indicating she does not recognise the loan agreement

UPON the Defendant indicating that she has never received statements and notices in relation to this loan (not exactly what I said though, I said I have it had any default notices, Statement of account that I have repeatedly requested before the court date)

 

Now if format is the only requirement, then I guess the statement they sent can then be considered particularising the claim. As it shows interest, deductions and payments. If you can just create a document in that format and say here you go, then I guess, right or wrong it has been done Mould. The fight is about truth and who the proof needs to be provided by. It seems it is I who needs to prove it isn't authentic rather than they who need to prove their claim.

 

It has been 30 days since I requested my SAR in order to get more information about the consolidation loan and what it consolidates, but I a getting the run around about signatures not matching etc. I know it is not part of my defence but I do feel there may well be helpful information contained in those documents.

 

It seems BC has got a goer here thanks to these judgements and if that is the case. As Uncle B said, you only need a sympathetic judge towards the claimant and outcomes can be a hard pill to swallow. He seems to have had a couple so far. I must be getting something wrong and I'm not sure where to go with this Mould.

How many documents have you received which the Claimant is claiming to amount to service of fully detailed particulars of claim in particularised format pursuant to said Court orders?

As you said earlier, it might be a good idea to scan in all docs and then when I have an hr to spare I shall peruse the same and revert back to you thereon (I am certain that others will do the same and post their comments/advice/opinion etc.)

Kind regards

The Mould

[SF2010]

Hi Mould

 

Your assistance is appreciated. I'm hoping I have attached the documents correctly. I have a few more to send, as I have attached the maximum I can at the moment.

 

Thank you for offering your time to have a look.