Sick vs CAI Finance / Moon Beever / Lloyds TSB Overdraft***Settled by Consent***

[sick.as.a.chip]

From what I can see I think I have 2 choices. Try for the set aside and get my application into the court today paying cash for the fee and ask that the 'order for questioning' be stayed pending the outcome of the set aside request.

Or

Ring the claimant and offer them some money to go away. I can't see them accepting much less than they have the ccj for as they have the ccj now unless I tell them I can't pay the whole amount.

Not sure I can cope with the additional stress?

Anyone's advise would be appreciated?

[AndyOrch]

Or simply submit a N245 to request a manageable monthly payment and to halt the Order for Questioning.

 

Andy

[sick.as.a.chip]

Andy they have not sent an agreement or terms and conditions. This is SB in December. I really can't afford another monthly payment.

Is it worth putting in the set aside in your opinion?

[AndyOrch]

You wont get a set a side for a family bereavement sick IMHO.

[sick.as.a.chip]

You wont get a set a side for a family bereavement sick IMHO.

 

Thank you. Time to weigh up my options I think.

[AndyOrch]

The N245 fee is £40 or you may be exempt if on low income.Set a side would be £80 which I think would fail.

Considering what you have had to deal with of late Sick I don't think you need any further hassle and stress.I would chalk it down to a loss and a lesson and concentrate on your family.

 

PS It would not become statute barred in December the clock stopped when they issued the claim.

 

Regards

 

Andy

[sick.as.a.chip]

The N245 fee is £40 or you may be exempt if on low income.Set a side would be £80 which I think would fail.

Considering what you have had to deal with of late Sick I don't think you need any further hassle and stress.I would chalk it down to a loss and a lesson and concentrate on your family.

 

PS It would not become statute barred in December the clock stopped when they issued the claim.

 

Regards

 

Andy

 

Thank you Andy. I've been looking at the paperwork and moon beever said they sent me further documentation 2 days after the assignments but I've no record of another letter. I'm going to ring the sols in the morning. Appreciate your honesty Andy thank you.

[sick.as.a.chip]

Thank you Andy. I've been looking at the paperwork and moon beever said they sent me further documentation 2 days after the assignments but I've no record of another letter. I'm going to ring the sols in the morning. Appreciate your honesty Andy thank you.

 

More confused than ever.

Checked noodle this morning after speaking with the sols to request a copy of the letter they apparently sent in September which they are re sending today.

Noodle has this account on twice.

One by Lloyd's bank shows start date of June. Default of dec 2008. Feb 2008 said ok. March changed to AA what ever that means and by June 2008 it was BB? This is the Lloyd's bit. This also shows as an unsecured loan but they say it's an overdraft. I honestly don't think I would have owed anywhere near this much on an overdraft. They are sending me copy statements from 2006 to 2008 which was apparently in the letter from September.

It's on again as 1st credit same details with regards to start date and default date and as an unsecured loan!

Any idea how I double check what what's right please????

[sick.as.a.chip]

Please can someone help me. I've been and dug out some paperwork and I was right this IS NOT AN OVERDRAFT!!!!!! It's a personal loan!!!!

They have got a default judgement and a solicitor has confirmed it's an overdraft!!

Please help I'm fuming and I don't know what to do.

A solicitor from moon beever has signed a STATEMENT OF TRUTH for the court saying it was an overdraft. Hoe can they not know???

Please I know it's late but can anyone please tell me what I need to do now??

Many thanks

Really really sick as a chip!

[AndyOrch]

If you wish to go back and argue the claim then that can only be done by a set a side.......but getting the set a side we have already covered......its your call but it could be a waste of £80.

 

Andy

[sick.as.a.chip]

If you wish to go back and argue the claim then that can only be done by a set a side.......but getting the set a side we have already covered......its your call but it could be a waste of £80.

 

Andy

Does it not matter about the solicitor not telling the truth on the poc and then a statement of truth?

Can they lie on a county court claim?

I believe it just goes to show they can't even get the agreement type correct.

Is that not enought for a set aside? That the particulars of claim are not correct.

I know I have to be careful about how I know this is not an overdraft.

[AndyOrch]

In all honesty they would just change the particulars of claim and then it proceeds again...but its not a valid point to set a side...the court would state you had your chance to defend at the time.

 

Andy

[sick.as.a.chip]

After careful consideration and after speaking to the claimants solicitor I have decided against great advice (andy) that I need to give the set aside a try. I have completed the form and said I am relying on my witness statement. I'm going to post it up if anyone would kindly have a look over it for me please make sure I'm not making any massive obvious mistakes???

 

WITNESS STATEMENT OF SICK AS A CHIP

 

My full name is SICK AS A CHIP

I reside at MY HOUSE

I make this statement in my defence. This statement is true to the best of my knowledge and belief.

1. I received a N1CPC Claim form dated 21ST January 2013 from Northampton County Court. Amount claimed was £35XX.XX plus costs totalling £3670.44.

2. I returned my Acknowledgement of Service to the court.

3. I then sent on 1st February 2013 a CPR 31.14 request to Moon Beever, 260 Avenue West, Skyline 120, Great Notley, Essex, CM77 7AA, recorded delivery,

4. Proof of delivery on 6th February 2013. copy of proof of delivery can be supplied.

5. On the 16th February I again wrote and faxed Moon Beever Solicitors requesting an extension to file my defence as my CPR 31.14 request had not been acknowledged nor any of the requested documents provided.

6. Letter from Moon Beever dated 21st February stating they were willing to grant me an extension to 21st March 2013 to file my defence while they located the requested documents from my CPR 31.14 request and enclosing a letter of assignment and a letter confirming date of assignment stating the other documents requested have been requested and they hope to revert to me shortly. Copy letter can be provided. Notice of assignment provided with amout stated as £33xx.xx. (£126.44 different from claim amount excluding costs)

7. On Friday 22nd March my Mother un-expectantly died in her sleep, death certificate and post mortem report can be provided on request to show circumstances, at which point having already lost my father at age 13 I and my 2 siblings became executors of her estate and had to arrange her funeral.

8. My deadline for filing a defence was missed and a default judgement was issued on 10th December 2013 from Northampton County Court for £37xx.x (plus costs totalling £39xx.xx)

9. I then received a N24 direction order stating the stay on proceedings had been lifted and default judgement had been granted without a hearing. Attached to the order was an Application notice from the claimants solicitors Moon Beever dated 19th November 2013 with a signed statement of truth.

10. Having not received the letter mentioned in the statement of truth dated 24th September I telephoned the claimant solicitor to request a copy of the letter.

11. I received a copy of the letter and enclosures I have attached a copy with my statement where in paragraph 2 Moon Beever state that there is no requirement for an overdraft facility to have an executed agreement. In the enclosures page 4 paragraph 2 highlighted clearly states that the claim is subject to a written agreement.

12. I wholly dispute that this is an overdraft agreement as alleged by the claimant in there particulars of claim and also in a written statement of truth by the claimants solicitor on the application notice dated 19th November 2013. I do not believe the solicitor in this case has infact read any of the documents in this case and has stated that this is an overdraft when in actual fact this is not a current account reference number for any account I have ever held with Lloyds TSB the original creditor. I have written a formal complaint to Moon Beever regarding the solicitors not following any pre court protocol in reading documents sent out.

13. I note however I am still outstanding the following documents from my CPR 31.14 request:

Ø Overdraft conformation and terms and conditions

Ø Demand/termination notice

Ø Notices of sums of arrears

I, the Defendant, confirm the facts in this my statement are true and I believe I have a real prospect of defending this claim.

Signed ……………………………… sick as a chip

Dated 28th February 2014

[mjt2013]

Having only read your witness statement, just like the judge at the set aside hearing, I don't really understand why you say you have a defence. Is it that they said it was an overdraft and you say it's not? You also seem to say it's not a current account either, what was it?

 

Also, don't accuse the solicitor of not having read the papers. All that will do is annoy the judge and make it seem like you have nothing of more substance to say in your defence.

[mjt2013]

One more thing, don't say that you have evidence. Take copies and attach them to your application, bring the originals to the hearing. It's no good producing documents on the day that haven't been seen previously or, even worse, not producing the documents and all and just saying "you can see them later if you want".

[sick.as.a.chip]

Thank you for your reply. It is not a current account nor an overdraft. I can't think of a better way to say that the solicitors have got it wrong but will welcome any suggestions. I'll copy and Mark up each document I'm referring to but am reluctant to do that with a death certificate and postmortem report do you think it will make a difference?

[sick.as.a.chip]

Do I need to send copies to the solicitor?

[sick.as.a.chip]

Sorry your main question was what was my defence. I dont have one as I have not been supplied with the information I have requested which is why I want to start again if possible with a set aside. I had previously adhered to all the timescales and my record keeping prior to my mum's death was perfect. I honestly know this is my fault but I do believe things would have turned out differently had I not been in such a state over my mum. I know I could be throwing my set aside fee away but I need to do myself justice and try to sort my mess out! Thank you for your reply

[sick.as.a.chip]

Hi i have amended my statement to accompny my set aswide. Any opinions if this is any better???

Many thanks:|

WITNESS STATEMENT OF [NAME][/SIZE]

 

My full name is sick as a chip

I reside at my house

I make this statement in my defence. This statement is true to the best of my knowledge and belief.

1. I received a N1CPC Claim form dated 21ST January 2013 from Northampton County Court.

2. I returned my Acknowledgement of Service to the court.

3. I then sent on 1st February 2013 a CPR 31.14 request to Moon Beever, 260 Avenue West, Skyline 120, Great Notley, Essex, CM77 7AA, recorded delivery,

4. Proof of delivery on 6th February 2013.

5. On the 16th February I again wrote and faxed, fax transmition report enclosed, to Moon Beever Solicitors requesting an extension to file my defence as my CPR 31.14 request had not been acknowledged nor any of the requested documents provided.

6. Letter from Moon Beever dated 21st February stating they were willing to grant me an extension to 21st March 2013 to file my defence while they located the requested documents from my CPR 31.14 request and enclosing a letter of assignment and a letter confirming date of assignment stating the other documents requested have been requested and they hope to revert to me shortly.

7. On Friday 22nd March my Mother un-expectantly died in her sleep, post mortem report can be provided on request to show circumstances, at which point having already lost my father at age 13 I and my 2 siblings became executors of her estate and had to arrange her funeral.

8. My deadline for filing a defence was missed and a default judgement was issued on 10th December 2013 from Northampton County Court.

9. I then received a N24 direction order stating the stay on proceedings had been lifted and default judgement had been granted without a hearing. Attached to the order was an Application notice from the claimants solicitors Moon Beever dated 19th November 2013 with a signed statement of truth.

10. Having not received the letter mentioned in the statement of truth dated 24th September I telephoned the claimant solicitor to request a copy of the letter.

11. I received a copy of the letter and enclosures I have attached a copy with my statement where in paragraph 2 Moon Beever state that there is no requirement for an overdraft facility to have an executed agreement. In the enclosures page 4 paragraph 2 highlighted clearly states that the claim is subject to a written agreement.

12. I wholly dispute that this is an overdraft agreement as alleged by the claimant in there particulars of claim and also in a written statement of truth by the claimants solicitor on the application notice dated 19th November 2013. My credit file shows this as an “Unsecured Loan”.

13. I note however I am still outstanding the following documents from my CPR 31.14 request:

Ø Overdraft conformation and terms and conditions

Ø Demand/termination notice

Ø Notices of sums of arrears

I respectfully request a stay to the Order for Questioning at Morpeth & Berwick County Court on xx March 2014 at xx pending the outcome of my Set Aside application.

I, the Defendant, confirm the facts in this my statement are true and I believe I have a real prospect of defending this claim.

Signed ………………………………

Dated 28th February 2014

Edited March 6, 2014 by ims21

[mjt2013]

You may wish to remove your full name on the version posted online.

[mjt2013]

Frankly, I'm still struggling to understand what your defence is but it may be that I'm simply failing to understand. Maybe others will comment on whether or not they understand it and we can see if the problem is with me or the statement!

[ims21]

You may wish to remove your full name on the version posted online.

 

Sorted

[sick.as.a.chip]

Sorted

 

Thank you! Sorry it's been a long day.

[AndyOrch]

So basically it boils down to the fact that you have a judgment for an overdraft...the claimant did not plead the correct particulars...it is in fact a personal loan...Sick if the particulars were correct and they stated Personal Loan account number xxxxxxxxxxx what would your defence be then?

 

Regards

 

Andy

[sick.as.a.chip]

Hi Andy I would request the agreement and terms and conditions. If they were supplied and correct I would pay. If they were not supplied or not correct I would defend that they do not have the correct documentation.