Fictitious amount on claim form

[DonkeyB]

Can you pinpoint the last time you actually used the account, made a payment or acknowledged the debt in writing? If it was in 2005, then the account may well be statute barred – which is a total defence to their claim.

 

The date of default is irrelevant – the date you need is the last acknowledgment. Search your records and let us know.

 

Need to do CPR to Arrow as well.

[DonkeyB]

If it was a bank account, there would not be a credit agreement. Are you sure it was a bank account?

 

Can you type out the FULL particulars of claim? Detail is important.

[DonkeyB]

Does the account number match the current account?

 

Have you heard from them previously – any Notice of Assignment, or annual statement, or letter before action?

 

Do you have your old statements to show the last activity date?

 

Tell us the full history.

[DonkeyB]

They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

[DonkeyB]

Weird...I posted this ages ago and it has just appeared... wtf?

[DonkeyB]

Because there is a court case to answer. Why should the OP be deprived the evidence he needs to disprove their case?

[DonkeyB]

That’s a fib. They either withdraw the claim or it is stayed. It is NOT up to them to tell the court to wait – you can object. I would suggest you seek an unless order demanding the documents within 14 days. Anything else is highly prejudicial to you – they issued the claim, you demand finality. How on earth could they state their claim was honest when they did not have the facts to hand? Massive abuse of process.

[DonkeyB]

You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

[DonkeyB]

I don’t think the court will accept an open-ended delay.

 

I think you’d be better off putting in a limited defence, to which they would have to respond in 28 days.

 

That will either make them move, or bring the stuff out of the woodwork.

 

The alternative is still to put in an N244, because that proposal is unreasonable, in my opinion. They should not have litigated without knowing the facts.

[DonkeyB]

What are the company name, address details etc on their letterhead?

[DonkeyB]

Well, they should know the law as debt seems to be all they deal in.

 

The choice of what to do is yours.

[DonkeyB]

The court cannot give you specific legal advice, but if you tell them the content of what Fairfax have said – ie. an open ended time scale – they may give you some guidance.

[DonkeyB]

Well, at some point a complaint to the SRA is in order.

 

Need an N244. Time to flush 'em out... Just looking again at the PoC.

[DonkeyB]

Sorry, posts crossed. Yup, that’s the bit.

 

One thing I wanted to check, which wasn’t answered at the start of the thread: did you ever actually get a default notice from Lloyds, or a Notice of Assignment (either from Lloyds or Arrow)?

 

You can only answer the claim as stated. If you have never held any account with Lloyds under a credit agreement, that would be a defence.

 

Anyway, back to N244. What you need to do is write a simple statement of what has happened. Something like this, but with detail:

 

1. I received a claim form from Arrow on XX XXX 2011.

2. I acknowledged the claim and requested a further 14 days to defend all.

3. I issued a CPR 31 request to the claimant’s solicitor on XX XXX 2011, giving them seven days to provide the documents mentioned in the particulars of claim (see attached letter).

4. I received a response from the claimant’s solicitor on XX XXX 2011 stating that no documents would be provided before I entered a defence (see attached letter).

5. I wrote back to the claimant’s solicitor on XX XXX 2011 making clear that I expected them to comply with my valid CPR request (see attached letter).

6. The claimant’s solicitor replied on XX XXX 2011, stating that they required several weeks to locate the documents and that they would delay the court case (see attached letter). I found this unacceptable.

7. I called the court for advice on 9 November 2011 and was told the claimant’s solicitor had already applied for, and had been refused, default judgment.

8. Without said documents as mentioned in the PoC, I am unable to enter a defence. I further deny ever having any kind of credit agreement with Lloyds TSB Bank, as stated in the particulars of claim, and without any evidence of the alleged debt, I am embarrassed.

9. Accordingly, I seek an order of the court compelling the claimant to comply with my valid CPR 31 request within seven days, failing which the case shall be struck out and costs awarded to the defendant.

 

Then add the draft order as above.

[DonkeyB]

Print and refer to attached should be ok.

[DonkeyB]

Yes, unless you're exempt. Cheaper without a hearing.

[DonkeyB]

Beg, steal or borrow!

[DonkeyB]

Then you need to make a draft order within your AQ.

[DonkeyB]

Guilty? It’s not a criminal case!

 

If it’s SB it’s SB, and that cannot be undone. Just make sure IT IS SB first!