Idem Claim form - Lloyds Loan -***Claim Discontinued***

[dx100uk]

as soon as you get a claimform

 

theres no harm in sending another CCa request

either

even though it might not be applicable

or you've sent one before the claim arrived

 

as theres a doubt here it IS a bank account

 

dx

[Tiredngrumpy]

Thanks DX,

 

Regarding the doubt over the type of account here,

 

I'm 99% certain this IS in connection to loans.

 

The SAR info suggests so and so does the PPI paperwork.

 

"Oleg" also picked up on this point in an earlier post

 

and point 3 of their statement of particulars rather shoots them in the foot if they think otherwise wouldn't you say?

 

Does a new CCA request go to the dca or the solicitors address at this stage please?

[dx100uk]

sols

[Tiredngrumpy]

The claim has now been acknowledged on MCOL with my intention to defend all.

 

I've sent off a new (2nd) CCA request and CPR disclosure request to the solicitors via special delivery yesterday.

 

My main/first line of defence is a lack of agreement and their failure to respond to my CCA request at this stage BUT there's still this grey area over the type of debt. (I'm 99% certain this is for loans but they say it's for an overdraft.)

 

Is there anyone with insider knowledge of how the banks "package" defaulted loans? Could it have been that they used my current account overdraft to accumulate the defaulted loans onto? - I'm only speculating here and trying to cover why they may think this is linked to my current account.

 

When I still had a repayment plan with Lloyds/BLS the statements were always for one large amount which was the sum total of the 3 seperate loans added together. I don't have any paperwork to suggest this is in any way linked to my current account .

 

Can anyone assist me with my defence please?

 

Thanks

[AndyOrch]

Is not unusual to amalgamate loans and overdrafts...but it makes life simpler for the claimant to plead its a current account as the paper trail will be minimal and easier to get judgment on the balance of probabilities.

 

If you are sure that they are consolidated loans then you must fight it as that and request copies of the agreements etc.

 

Regards

 

Andy

[Tiredngrumpy]

It's now been 7 calender days since submitting a request to disclose (CPR 31.14) to their solicitors. We've obviously had the Easter Bank holiday during this time so I'm not sure if this affects things?

 

Baring in mind I now have a week left in which to submit a defence, what would be a suitable course of action? - Embarassed defence?

 

Thanks

[AndyOrch]

No such thing as an embarrassed defence you submit a defence that puts them to strict proof.

 

Regards

 

Andy

[Tiredngrumpy]

Sorry andyorch, Please can you explain a bit more?

 

This is all new to me and I thought I'd read posts where the claimant had not responded to disclosure requests and the defendant included a section within the defence stating they are embarassed into defending with a lack of information?

 

Is there a draft defence that 'puts them to strict proof' please?

 

Thanks

Edited April 24, 2014 by Tiredngrumpy
spelling

[AndyOrch]

There are defences as such but I have no idea what it means or who came up with the idea and are not CPR compliant who ever drafted it.

 

Most of the threads surrounding yours or at least on page 2 of the Legal Forums contain defences that put the claimant to strict proof to disclose.

 

Regard

 

Andy

[Tiredngrumpy]

Thanks for clearing that up.

 

I assume the correct action is to apply for a directions order to the court to "force" disclosure or strike out?

 

This may seem a daft question but is the cost for an order added to the case costs or payable up front by the defendant?

 

Thanks

[AndyOrch]

No thats not the correct approach again that idea was dreamt up by the person who devised the " embarrassed defence "

[Tiredngrumpy]

Oh ok,

 

It seems I'm not achieving anything from the posts I've been reading as everything is incorrect.

 

I'm not sure what you mean by "post 2 of the legal forums"? Do you literally mean the 2nd page of peoples cases or is there a sticky?

 

I'm finding this rather hard going as everything I seem to have read is wrong.

[AndyOrch]

Page 2 of the legal forums not post 2 will contain ongoing threads were posters have already submitted their defences..their are some on this page.

 

Evereything you refer to is old..times have changed.

[Tiredngrumpy]

It's not that I've done this before in days of old or anything. I've just been using the site search tool at the top of this site.

 

Sorry "post 2" was a typo.

 

So to be clear, I don't apply for any orders, write to anyone else, just submit a defence using info from page 2 here?

[AndyOrch]

Yes thats the procedure...obviously you edit any defence to suit your situation ...once you have submitted your defence then their will be plenty for you to do. look at the dates of the threads you are viewing...obviously if it 4 years old look for something fresher.

[Tiredngrumpy]

Unfortunately I'm still struggling to find anything of relevance to support a defence in my case within the first few forum pages.

 

I've been thiking about the letters I have from Lloyds and Idem stating no CCA exists..

 

A) Can these be included as evidence in my defence?

 

B) Would Estoppel apply if they try to argue the debt is for an overdraft. (I have no clue how Estoppel works at this stage, just some brief reading.)

 

Thanks

[Tiredngrumpy]

I've just notice that in the PoC they state the claimant purchased the debt on 27/06/13

 

They have previously written to me and their NoA states it was purchased on 21/03/13

 

Does this have any baring on things?

[Tiredngrumpy]

I've started working on a defence now which I will post up in due course.

 

How do I go about including some background details to the case please?

- I was thinking of including the covering letter I received from Lloyds with my SAR info which clearly states

I had 3 loans and no agreements are available for these.

 

I don't know where or under what heading this should be in my defence?

 

I could also include some of the other SAR info which shows the loans ad up to the same amount which is then shown in statements

(proving a link to this debt and the fact it IS for loans and therefore should need a CCA or 3 in fact.)

 

The only downside I can see to this is that I will be disclosing original account numbers which could help them with forging CCA's?

 

Any assistance please?

[dx100uk]

you have until the 2nd of may?

 

the DQ is where you go into details

[Tiredngrumpy]

you have until the 2nd of may?

 

the DQ is where you go into details

 

Thank you for the response dx100uk.

 

Yes, 2nd of May sounds about right I think but not sure if you were questioning the cut off date or my timing? - You've worried me now.

 

DQ = Directions Questionnaire, yes?

[Tiredngrumpy]

Hi,

 

I haven't posted for a while..

 

I submitted my defence before the deadline, I also wrote a letter to the sols asking for disclosure of the docs metioned in the PoC under CPR.

 

They replied saying they required 14 days and could I ask for an extension. - I ignored their request as I'd covered non disclosure in my defence.

 

I checked that the defence was with the court on the Royal Mail Tracking Website and it was.

 

All went quiet so I called the court after about a month and was told it was still waiting to be looked at.

 

Today I have received a letter from Arden stating that my debt will be passed to Wescot within 5 days of the date of the letter which is dated 27th June, so basically it's happening today. It doesn't say it's been sold, just passed to Wescot to be collected on their behalf.

 

WTF??

 

I'm guessing Wescott are still under the Paragon umbrella?

 

Surely they can't do this while my account is in dispute with pending court action?

 

Any pointers on a course of action here please?

 

Thanks

[AndyOrch]

Ignore them they cant do anything...as you state its now a matter of litigation.Shows you how competent they are they dont even realise they are in the middle of suing you.

[Tiredngrumpy]

Thanks Andyorch!

 

Just phoned the court to make absolutely sure nothing else was happening and

 

they said that the case is STILL being processed,

 

it went to the DJ about a month ago so they're not sure what the hold up is

and have put a query note on my file to find out what's going on.

 

I mentioned the latest letter to the court assistant who told me there was a bar on any action being taken by the claimant until the DJ had commented.

 

- Not sure what that's all about?

[AndyOrch]

If you have not received a directions questionnaire N180...its going nowhere ..the claimant has not responded to your defence if your submissions exceeds 28 days.

[Tiredngrumpy]

I've had an email from the court today apologising for the fact they filed my docs rather than processing them:frusty:

 

They've put a 'hurry up' notice on my file.