Defending CC Claim - Hillesden Securities Ltd

[bluespiderman]

I've studied the SAR info further and it looks as if the following has occurred:-

 

The original loan was taken out in 2002.

 

My wife (well, she is now) could not afford to continue paying the debt as she went back into full time education following redundancy.

 

A 'rescue package' was agreed which is the second loan issued in 2003.

 

The interest was in effect frozen (well it was lowered drastically to 1%) and lower payments agreed.

 

She then began to struggle with these payments.

 

It looks as if the bank then decided to withdraw their good will and closed the second CCA in 2005,

and opened a new account which appears to be without her authority as no signed CCA,

 

which was back at a higher interest rate with even less chance of her affording the payments.

She made some payments up to 2007, at which point the debt was sold to debt collection agencies.

[dx100uk]

yes a counter claim or at least a spreadsheet of the ppi reclaim figure might help

 

dx

[dx100uk]

right posted on the other thread too

 

i think it best we merge them

 

going to do that now

[dx100uk]

5 threads merged

 

please keep to ONE thread.

 

dx

[dx100uk]

now these rolled over loans??

 

this claim, is for a loan yes?

 

you will have a massive PPI reclaim here if you have ALL the agreements and the statements

 

should kill the outstanding with lots to your pocket too

 

do you have them?

 

as for this last agreement

 

which has possibly been filled out by an employee?

 

dx

[bluespiderman]

Thanks for merging threads dx

 

sorry for not having replied sooner i was a bit hesitant in case prying eyes were following my thread(s) on here, I'm now at a stage where i feel i can post all the relevant info (with details removed of course).

 

Firstly, huge thanks for the feedback on here and the many hours i've spent reading threads - it has been a huge help and for sure we would have been clueless without it.

 

I've attached pdf's of relevent info, brief summary as follows:-

 

1.Claim received (pdf), no documents to back up POC

2.Acknowledged claim

3.Sent CPR 31.14 request to claimants solicitors (agreement, default notice, account termination notice, and proof of assignment) and CPR 18 request (date of last payment, source of payment, balance claimed, penalty charges, late payment, etc)

4.Sent SAR request to original lender (bank) along with SAR fee

5.Claimants solicitors requested a 28 day extension by letter, but then failed to send any response to CPRs

6.Defence submitted (pdf)

7.Recieved SAR response from bank, un-signed doc (pdf) as you suggest dx - poss filled in by employee!

8.Recieved letter (now directly from claimant, not sols) offering to negotiate (pdf)

9.Sent letter to claimant denying any debt, asking again for docs, this time under CCA with £1 fee

10.Recieved letter from claimant returning fee stating that in view of costs they have "closed their file"

 

I think that covers it ....

 

I wondered what my best move is now in light of the fact that they have "closed their file", not sure what this means re the court claim.

 

The claimant maintains that they are awaiting receipt of documentation, and have failed to come up with this 2 months on ... the documentation i have received appears to be invalid.

 

Should i apply for judgment/costs or for the claim to be struck out, and is it possible to seek costs as defending LIP, should i complain to the FSA for breach of consumer credit act (against original debtor and/or claimant). I have not received anything from the court other than the acknowledgment of defense, which states "if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed". I'm assuming that they will now not be proceeding, but who knows ...

 

Any advise at this stage would be hugely appreciated

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[bluespiderman]

any tips for next course of action please ? keen to get and application in if this is the best course of action....

[bluespiderman]

bump, any thoughts on this please ?

[bluespiderman]

I called the MCOL hotline today and they informed me that the claimant has not responded to the defense, and as a result the claim has now been stayed.

 

As far as i can see the claimant has never had justification to bring this claim, and has breached CPR on many levels. I'd like to put this to bed so i'm sure my next move is N244 application.

 

Can someone advise whether i first need to submit an N244 asking the court to order that the claimant produce the paperwork (they won't), and then an N244 asking for the claim to be struck out, or can i skip straight to N244 asking for the strike out given that I've been pushing for the paperwork (using CPR31.14 and section 78) since beginning of Jan ?

 

I've drafted the following, which is a straight forward request to strike out, please can someone advise as i'm keen to put this to bed using the most effective route !!!

 

Box 3:An order that this claim be struck out under CPR 3.4 (2) (a), (b), and © as the particulars of claim have not been sufficiently particularised to enable the defendant to understand what charges she has to answer and the claimant has not responded to the defendant's requests made under CPR31.14.

Box 4:Yes

Box 5:Without a hearing

Box 8 District Judge

Box 9:Claimant

Box 10:See Witness Statement

 

Draft Order

 

1. This claim is struck out under CPR 3.4(2) by order of the court

 

2. The Claimant shall pay the defendant her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

Witness Statement

 

1. On 28/12/11, I received a claim form, issued by Aplins acting on behalf of Hillesden Securities. The particulars of claim was insufficiently particularised and disclosed no legal cause of action. It therefore failed to comply with the civil procedure rules 16.2(1) (a) (cc), 16.4(1) (a) and 16.4(2) (a) and (b). (enclose a copy of the claim form)

2. On 03/01/2012 I sent a letter to Aplins requesting the disclosure of information pursuant to part 31 of the Civil Procedure Rules (according to Royal Mail this was delivered on 06/01/2012). The information requested amounted to copies of the loan agreement referred to in the particulars of claim and any default or termination notices. Also a copy of the Deed of assignment and Notice of assignment to Hillesden Securities Ltd and confirmation of whether the balance claimed includes late payment fees, over limit fees, failed direct debit fees, etc. (enclose copy)

3. Following a request by Aplins for a 28 day extension to enable receipt of the documents, on 26/01/2012 I sent a second letter to Aplins requesting this information (according to Royal Mail this was delivered on 30/01/2012). (enclose copy)

4. On 07/02/2012 I received a letter from the claimant stating that they were “still awaiting documentation from Lloyds TSB pertaining to your account and are hopeful this will be made available shortly”. (enclose copy)

5. On 21/02/2012 I sent a letter to the claimant requesting a copy of the loan agreement stating “under the Consumer Credit Act 1974 (Sections 77−79) I am entitled to receive a copy of the credit agreement on request”. (enclose copy)

4. On 02/03/2012 I received a letter from the claimant stating “In view of the associated costs involved with this matter, we have taken the decision to close our file”. As of the date of this application the claimant has failed to comply with the requests for disclosure. (enclose copy)

5.I therefore respectfully request that the court uses its powers to strike out the claim under CPR 3.4(2) (a) (b) as an abuse of process and the Claimant be ordered to pay the costs of this application to be summarily assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

STATEMENT OF TRUTH

 

I believe that the facts in this statement are true

[AndyOrch]

Hi Blue

 

I would adapt it slightly to request disclosure firstly then if they fail to comply your application follows up with the strike out option.The power of strike out is used sparingly by the courts. It is a last resort. It is only for plain and obvious cases. Strike out applications on the ground of abuse of process will not automatically be granted if the abuse can be dealt with in another way.

Where a strike out application is pending, default judgment cannot be obtained by a claimant (CPR 12.3(3)).

 

Regards

 

Andy