Lloyds overdraft Clasimform from Capquest/Drydens

[Clive D]

Hello

 

New to the forum but i have been trying to read up as much info as possible I'm just starting to get really confused.

 

I have a CCJ claim form been issued 23/10 and

 

i have acknowledged the claim online which will be processed today 7/11 and have disputed the claim.

 

I believe the vast majority of the claim are charges and interest that Lloyds continued to apply to my account over a two year default period.

 

My credit file shows the account defaulted 03/2009.

 

The debt has been sold to Capquest who have used drydens solicitors to process the claim.

I intent to submit a CPR 31.14 request for the information in the paticulars of the claim.

 

The paticulars of the claim mentions

a credit agreement,

the default notice and

the sale of agrement between Lloyds and Capquest (the claimant)

 

I'm not sure I'm following the correct procedure here or if I am missing anything important like can i ask for a breakdown of the actual debt

and what is made up of interest and charges etc. and does the credit agreement have any relavance here for an overdraft.

 

Some help and guidance would be greatly appreciated

 

Thanks

 

Clive D

[dx100uk]

you're doing good

 

if this is an overdraft then there usually NO CCA

 

so that a crap claim.

 

dx

[Clive D]

Thanks dx

 

I've just found the CPR 31.14 in the legal library which is specific to overdrafts rather than the one at the top of the forum page in the sticky.

 

Can anyone tell me how much I should include on the postal order for reasonable copying costs. Is £10 the standard?

 

Also do I send it to the claimant on the ccj claim form or the solicitor stated or both?

 

Thanks again

[dx100uk]

you don't have to send any money with a crp request.

 

send it to the claimants solicitor

[AndyOrch]

Send it direct to the claimant Clive.

 

Regards

 

Andy

[dx100uk]

thanks andy

 

like this CCA on a bank account bit.

 

that's cropping up quite a bit now on PoCs

 

dx

[AndyOrch]

thanks andy

 

like this CCA on a bank account bit.

 

that's cropping up quite a bit now on PoCs

 

dx

 

It will DX when the debt has been assigned...they dont really know what it is.........or history or dispute...and not concerned as long as they make a profit.

[Clive D]

HiI

asked for some advice here few weeks ago and sent a CPR request letter to my claimant on the CCJ Claim Form.

 

 

It was for an overdraft facility (got the template out the library specifically for bank accounts) from around 4-5 years ago.

 

 

I've had no response and today is past the 7 day deadline.

 

 

I am conscious though that my issue date was 28th October (23rd on form) so

 

 

by my reckoning I have until end of play 25th Monday to file my defence.

 

 

I know this is short notice but how much information do I need to put here?

 

 

Am I asking simply for the case to be put aside?

 

 

I filed my extension of time online so will file my defence online also if that helps.

 

 

Some advice would be greatly appreciated as I'm panicking with the timeframe here and on a steep learning curve!

 

 

Thanks Clive D

[marylikes]

It may be a bit late but you could ring them up (claimants solicitors) on Monday morn and ask if they will agree to give you more time to file your defence

whilst they respond to your CPR request?

 

 

If they agree then you need it in writing so they would have to email you for you to get it to the courts pronto.

 

Failing that i'm afraid it looks like you're railroaded into submitting a defence?

[Clive D]

I don't mind writing a defence I was just wondering if there is any standard template having not received any info from the CPR? I spoke to the courts Friday and they told me the defence would be sent to the claimants so they would decide from there wether to pursue this case?

 

I appreciate every case is different but I can't find any examples in here to guide me. Just worried I'm going to write something wrong down

 

Any help or pointers with the defence would be greatly appreciated

[marylikes]

Here's an example of a defence statement, there's no such thing as a template defence i don't think.

http://www.consumeractiongroup.co.uk/forum/showthread.php?403662-Claim-form-received-from-Drydens-MBNA-debt-poss-faulty-DN&p=4370978&viewfull=1#post4370978

 

Remember you will have to deal with each point in the particulars of claim.

[Clive D]

That's the kind of thing I was after thanks very much

[Guest Angel235]

Who is the claimant?

[Clive D]

Who is the claimant?

 

It's capquest and the claim form has been signed by drydens fairfax solicitors acting on their behalf. It's an old Lloyd's account

 

Cheers

 

Clive D

[Clive D]

Hi

 

I know this is short notice but thought I would get my defence a final check before i send just to make sure I'm not missing something here. The defence is in respect of an old Loyds account overdraft facility

 

Many thanks for your time

 

Defence in Respect of

 

Claim Number xxxxxxx

Issue date 23rd October 2013

I dispute the full amount claimed as shown on the claim form

The particulars of the claim being

 

Paragraph 1

The claim is for the sum of xxxxx in respect of monies owed by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account number xxxxx upon which the defendant failed to maintain payments.

 

Paragraph 2

A default notice was served upon the defendant and has not been complied with.

 

Paragraph 3

By virtue of a sale agreement between Lloyds Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter

 

 

 

1. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('credit agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant.

 

 

2. Paragraph 1 and Paragraph 2 are not admitted with regards to the Claimant terminating the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and 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;

 

 

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

 

5. On the alternative, if the Claimant is an assignee of a debt as per Paragraph 3, 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.

 

 

6. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act').

 

 

7. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that it was improperly executed as set out above and by reason of Section 65(1) of the Act.

 

 

8. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Signed

Mr xxxxxxxx

 

Defendant

 

Clive D

[AndyOrch]

3 threads merged all for the same claim.

 

Andy

[Clive D]

Sorry!

Thanks for that Andy

[AndyOrch]

No one can check a defence without the history of the claim...its like asking for the answer without telling us the question.

 

Be very careful with 1/2/3....... are you saying that the overdraft is not yours? do not commit perjury.

 

Regards

 

Andy

[Clive D]

Yes it was an overdraft they created themselves based on account charges interest etc. I have no idea how the final figure they have come to? I've asked for copies of the documents through CPR but had no reply.

[AndyOrch]

If its an unauthorised O/D then it is still yours...I would suggest you rephrase the first 3 paras.

[AndyOrch]

Example of an Overdraft Defence.

 

Paragraph 1 is accepted that I have had financial dealings with Lloyds Banking Group in the past I am not aware or ever been

informed of any legal assignment of this account number to the claimant.

Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to

strict proof to evidence this breach.

Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant

is put to strict proof to:

 

(i) Show how the Defendant has reached the amount claimed for.

(ii) Show the APR and interesticon used to calculate the amount claimed for.

 

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 28/10/2013 for a copy of the Overdraft

facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a

statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on 31/10/2013. The claimant has yet to comply.

 

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.

 

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 Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

On the alternative, if 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.

 

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served

under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief

pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

[Clive D]

That does look better!

 

Like I said I had to submit the last defence as I was running out time. Any way I can ammend that defence I sent to something along the lines of above?

 

Thanks

 

Clive D

[AndyOrch]

You can submit up until midnight on the due date.Log back in see if it will let you amend.

[Clive D]

You can submit up until midnight on the due date.Log back in see if it will let you amend.

 

I can't log in through Gateway as I got locked out of the original claim so

 

 

when I spoke to court service desk they told me to send a defence by email and reference the claim number.

She did mention by 4pm today

 

 

but do you think it's worth trying to send an amendment through on same claim number?

 

 

They can only throw it out at wort I suppose?

 

Appreciate your time for this one

 

Clive D

[AndyOrch]

Yes forward your amended defence and state to replace the defence submitted at ( Time of email ) follow up with a phonecall to explain the confusion and to disregard the first email