marlin/Reston claimform - dads lloyds credit card 'debt'

[NGEddie]

Seems so, not those actual words but yes!

 

I guess you can all predict their next steps, lol

[Guest]

 

I guess you can all predict their next steps, lol

is small claims, so no response to cpr request, or a template letter along those lines.

a recon re the cca request, maybe not though before the defence deadline if they dont have one to hand in time.

[NGEddie]

Cheers Ford, so nothing back from either yet!

 

 

Do we just wait now? or do I need to be doing anything?

[dx100uk]

no harm in reading up

on what your defence will be

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=The+claimant+claims+payment+of+the+overdue+balance+due+from+the+Defendant(s)+&sa=Search+CAG&gfe_rd=ssl&ei=tsvyVrnGJIyEaK6_p5AO#gsc.tab=0&gsc.q=The%20claimant%20claims%20payment%20of%20the%20overdue%20balance%20due%20from%20the%20Defendant(s)&gsc.page=1

[NGEddie]

Hi Dx and all

 

 

Had a reply from solicitors

 

 

---------------------------------------

 

 

We would point out that the claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This only allows claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practise Direction 7E specifically states 'The requirement in paragraph 7.3 of Practise Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless POC are served separately in accordance with paragraph 5.2 of this practise direction'

 

 

We also remind you that CPR 31.14 states:-

 

 

'a party may inspect a document mentioned in-

 

 

a- a statement case

b- a witness statement

c- a witness summary

d- an affidavit

 

 

You would have been provided with a copy of the contractural T&C's at the time the account was opened and hence we see no reason why you now require an additional copy.

 

 

Furthermore, the other documents you have requested are not 'mentioned' in the POC and therefore CPR31.14 (1) does not apply

 

 

Although your letter states that you require the requested documents in order to file a Defence/Counterclaim, we would point out that the POC contains sufficient information in order for you to understand what the claim relates to, namely:

 

 

the date account opened

account number

os balance

name of OC

the fact the account has been assigned to the claimant and when it was assigned

 

 

We trust this clarifies matters

 

 

------------------------------------

 

 

Can I get some advice what do to next please?

 

 

Cheers

 

 

E!

[dx100uk]

ignore it

if you've read other rectum threads

you'll see that's a std reply to cpr.

 

 

dx

[NGEddie]

Aha, so it is

 

They all look very similar then now I've read a few.

 

I ack claim to defend all, do I really just sit n wait now? I noticed some using the no paperwork defense I think and a mention of 33 days. So double checking next steps in case have time limits to meet?

[dx100uk]

33 days from claimform date whereby that is 1 in the count

is your deadline

[NGEddie]

Ok, when you said do nothing and wait/ignore I thought you meant exactly that.

 

I need to work on a defense then, do I just use a template from those threads? I'm unsure what my defense is,going to be as just following what you are saying?

[dx100uk]

post 155 link shows like threads with the same POC

 

 

defence not due till /by 4pm 11th april

 

 

post up your proposed ideas

[NGEddie]

Cheers mate

 

 

and now...for some reading!

[NGEddie]

So that's used up a few hours whilst its been raining outside!

 

 

Can follow the pattern and think I have my head around it a bit more now.

 

 

Do I need to sign up on Noddle to check if shows on there?

 

 

Here goes for first draft of defence:-

 

POC

 

 

The claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and Lloyds Banking Group dated on or about November 2007

and assigned to the claimant on November 2013

Defence option 1

 

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 Bank. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

OR

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has declined (they sent template to this affect) to provide any evidence of agreement/contract/breach as requested by CPR 31.14(s) and a Section 78 request.

3. Paragraph 1 also states this alleged contract has an overdue balance. This is denied I am unaware of what account or contract the claimant neither refers to nor ever recall receiving any Default Notice pursuant to the CCA1974. (no DN mentioned in POC though but none seemed to have on reading similar threads)

 

4. Paragraph 1 also states this alleged contract was assigned to the claimant. This is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LoP1924

 

OR

4. Paragraph 2 is denied. I cannot ever recall receiving any Notice of Assignments from Lloyds or Cabot/Marlin Financial or ever having being approached pre litigation with regards to these alleged debts.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined 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;

ALSO should I add this?

(d) show evidence of service of Notice served under Sections 76(1), 98(1), and section 87 of the CCA1974 87 BEING NEED FOR A DN?

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

 

AND?

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

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

 

8. 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.

 

9. 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.

-----------------------------------

Sound ok? it is best to wait and if Marlin produce agreement from CCA request first?

Cheers

E!

[NGEddie]

Hi all,

 

 

How does the above look, like to have complete to send this weekend if possible please as lots on next week?

 

 

We received a reply from Ma rlin/C abot after CCA requesting showing agreements, shall scan up later but believe was said missing pages. Also shows payments he has made then...in future deal with re nstons basically.

 

 

Many thanks

 

 

E

[AndyOrch]

You definitely cant use......

 

(d) show evidence of service of Notice served under Sections 76(1), 98(1), and section 87 of the CCA1974 87 BEING NEED FOR A DN?

 

As that refers to current accounts and overdrafts...87(1) if for credit cards...but they do not refer to a default within their particulars.

 

Andy

[NGEddie]

Thanks Andy, was trying my best from reading all the similar threads suggested, shall try and clean it up a bit later when I post up the documents they sent, overall the no paperwork is ok though as is restons who declined to send any I requested from cpr31.14?

[NGEddie]

Cleaned it up a little, still seems long though?

 

 

POC

 

 

The claimant claims payment of the overdue balance due from the Defendant(s)

under a contract between the Defendant(s) and Lloyds Banking Group dated on or about November 2007

and assigned to the claimant on November 2013

 

 

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 Bank. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

OR

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has declined to provide any evidence of agreement/contract/breach as requested by CPR 31.14(s) and a Section 78 request. (Now unsure if I should use this as Marlin/Cabot recent sent agreement after CCA?)

3. Paragraph 1 also states this alleged contract has an overdue balance. This is denied I am unaware of what account or contract the claimant neither refers to nor ever recall receiving any Default Notice pursuant to the CCA1974. (no DN mentioned in POC though but none seemed to have on reading similar threads?)

 

4. Paragraph 1 also states this alleged contract was assigned to the claimant. This is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LoP1924

 

OR - Which one please?

4. Paragraph 2 is denied. I cannot ever recall receiving any Notice of Assignments from Lloyds or Cabot/Marlin Financial or ever having being approached pre litigation with regards to these alleged debts.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined 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;

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

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

 

8. 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.

 

9. 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.

Would be very grateful if you could have a read and I can get this sorted asap as not sure I shall have time this week/end as needs to in by 11th 4pm

 

 

Cheers

 

 

E!

[NGEddie]

Anyone please? I think it makes sense just need confirmation

[AndyOrch]

POC

 

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Banking Group dated on or about November 2007

 

2. And assigned to the claimant on November 2013

 

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 Bank. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined 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; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

(d) 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 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

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.

[NGEddie]

Thank you so much Andy

 

 

I think 4 should read a b c d right?

 

 

Needs to be in by Monday so I can just submit over the weekend on MCOL?

[AndyOrch]

Thank you so much Andy

 

 

I think 4 should read a b c d right?

 

 

Needs to be in by Monday so I can just submit over the weekend on MCOL?

 

Corrected...won't go anywhere till Monday so yes its fine.

[NGEddie]

Hmmm do I also incluide the POC in defence box exactly as above?

[AndyOrch]

Hmmm do I also incluide the POC in defence box exactly as above?

 

No thats for our reference only when checking the defence

[NGEddie]

Thanks again Andy

 

 

So submitted now, guess just sit and wait?!

[AndyOrch]

Court will advise and acknowledge the defence...wait for your conformation and details of the next stage (If the claimant wishes to proceed.)

[NGEddie]

Hi all

 

Received this from restons on Thursday

 

I was not sure if this is template as couldn't find another?

 

What should we do now please?

 

Many thanks in advance

 

E!