Lloyds Stayed 2008 claimform - Claimant Now Going for SJ ***case discontinued ***

[gaz2006]

a few days doesnt matter that would be great if you have

[ukaviator]

Ok, I will have a look when I get back home...

[PriorityOne]

Is this the thread re. SCM solicitors Gaz?

[gaz2006]

Yep

[PriorityOne]

CPR 31.14 needs to go off a.s.a.p by rec. delivery..... and their interpretation of the Carey case is cack. Carey was the claimant for starters and you are not....

 

[gaz2006]

Need some help here re credit card solicitors took me to court with claim in 2008 for just under £5k . I sent several letters asking for agreement copy and default notice copy etc never recieved so District Judge said claim stayed until they were provided .

Now I have now recieved copy of application to "remove stay and apply for summary judgement " as in their words "defendent ie me has no real prospect of defending claim .

They say in witness statement that in 1997 card issued (they never issue without signed agreement they say )

They enclose reconstituted credit agreement stating "due to length of time the original agreement is no longer available . The also say claimant does not have to produce original as its admissable by Sections 8(1) and 9(!) of Civil Evidence act 1995

They also state they changed my card account number 3 times cant give any reasons for doing

Say they have no copy of any default notice and say " that the CCA Act 1974 does not require claimant to keep copy . They say notice on computer system is sufficient .

They also have no copy of formal demand letter but note it on computer .

They say based on evidence provided there was an agreement between the parties and there is no doubt an agreement did exist as its standard industry procedure to have such an agreement . They then ask for summary judgement

 

Now I know reconstituted agreements can be used for s78 requests etc but I thought it wasnt suitable for "proof of debt " they will of course use Carey judgement and they say due to this ruling "no need to produce agreement a reconditioned one is enough and their own bank records " but as there is no

copy of agreement

proof that terms and conditions were correct

no default notice

no demand letter etc

If this is acceptable to the court then anyone would without an agreement be able to sue just going on computer records and industry practice where is the safeguards for people if thats the case ?

It has been suggested I write a letter under CPUTR, Waksman (paras 108 and 234) and CCA 1974 sec 127 (3), should I also be using CPR31.14 ?

What can I do advice and comments please gentlemen and ladies

Regards Gaz

[AndyOrch]

Hi Gaz

 

Have you been given a date for the SJ application hearing?

 

 

Regards

 

Andy

[gaz2006]

yes next month

[AndyOrch]

Could you post up your defence Gaz.Have i got this right the claim has been stayed for 3 years and the judge requested disclosure?

[gaz2006]

Hi Andy Yes 3 year stay as I wasnt able to submit defence as my requests under s77/78 hadnt been answered so the good old judge he was a nice chap said case stayed until the claimant did satisfy them Regards Gaz

[AndyOrch]

Did you file your AoS?

[gaz2006]

sorry being dim but whats an AOS ?

[AndyOrch]

Acknowledge of service.

[gaz2006]

There was no acknowledgement of service it was just notice of hearing re application to remove stay and for summary judgmement application

[AndyOrch]

No Gaz the original Summons in 2008 The defendant must AoS and file a defence if defending.

[gaz2006]

sorry

I said I had asked claimant on several occasions to supply information under S77/78 inc true copy of executed agreement and terms and conditions at time and all records inc transcripts telephone conversations , manual intervention , default notices copies statements any other documents that they may rely o in court .

I also put claimant on strict "proof of claim " i asked for true copy of executed agreement containing prescribed terms signed in prescribed manner by both debtor and creditor etc

I used template for here when I did it many years ago ..

.I also said if these documents received I reserved right to amend my defence etc

This is brief summary

judge without hearing stated claim stayed until claimant provided all information id asked for

[AndyOrch]

Ok Gaz so in essence you did submit a defence be it an holding defence. Ok you have a couple of options:-

 

You can file a Witness Statement yourself in opposition to the SJ application (very important you refer to the DJs stay and request for disclosure).

Alternatively or both you can make application to strike out/set a side their application. CPR 24 PD 2. On the grounds that they have failed to disclose failed to follow the DJ order of xx xxx xxxx

 

3) The application notice or the evidence contained or referred to in it or served with it must –

(a) identify concisely any point of law or provision in a document on which the applicant relies, and/or

 

(b) state that it is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue or (as the case may be) of successfully defending the claim or issue to which the application relates,

 

Regards

 

Andy

[gaz2006]

Hi Andy see my comments re *******************

Ok Gaz so in essence you did submit a defence be it an holding defence. Ok you have a couple of options:-

 

You can file a Witness Statement yourself in opposition to the SJ application (very important you refer to the DJs stay and request for disclosure).************** yes i understand that

Alternatively or both you can make application to strike out/set a side their application. CPR 24 PD 2. On the grounds that they have failed to disclose failed to follow the DJ order of xx xxx xxxx**************** yes follow that too

 

3) The application notice or the evidence contained or referred to in it or served with it must –

(a) identify concisely any point of law or provision in a document on which the applicant relies, and/or

 

(b) state that it is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue or (as the case may be) of successfully defending the claim or issue to which the application relates,*********** are you talking about what they should have done or what I should do as it says defending the claim as Im defending etc bit confused here

regards Gaz

[AndyOrch]

The above are the grounds the Claimant must adhere to in their application for SJ.The points I have highlighted are grounds to object to their Application.

Gaz can you PM me their WS I understand your wishes not to post it here in the open forum.

 

Andy

[rebel11]

Also have a read of the summary at the very bottom, point 4, Carey v HSBC (2009)

No 6 in my signature. If the agreement has been 'Varied' then they have to provide a copy of the original agreement, by 'Varied' i.e. increase in interest rates.

[AndyOrch]

..

 

..

[gaz2006]

Ok, I will have a look when I get back home...

did yu have chance to look yet regards Gaz

[Prudence]

Hi Gaz, I have found my Terms & Conditions from 1998 - will they help? Shall I post them up on here?

Pru

[gaz2006]

Hi Gaz, I have found my Terms & Conditions from 1998 - will they help? Shall I post them up on here?

Pru

Dear Pru that would be helpful to see even if its 1 year out but im sure other people would like to see too and it my help me regards gary

[AndyOrch]

Hi Gaz

 

Ok i have had a look at the WS what date have you got for their SJ hearing?

 

Regards

 

Andy