lloyds bank OD/ lowells claim form - CCJ arrived***Claim Discontinued***

[Guest]

whipsey

is re an overdraft? i think andyorch has helped on some o/d defences? perhaps give andyorch a polite pm nudge request to look in asap as yr deadline seems to be tomorrow?

[citizenB]

Ah right, this is an overdraft isnt it ? Hold tight, I will ask andyorch for the correct format for this.

[citizenB]

it is likely andyorch wont see this until we are all in bed !! please dont panic, you will have something in time to submit by deadline tomorrow

[AndyOrch]

Overdraft defence you can edit to suit...post#24.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?417989-Claim-form-from-Lowell-HBOS-bank-account-all-charges-poss-statute-barred/page2

 

Regards

 

Andy

[whipsey]

right ive submitted my defence what do i do now is it just a waiting game?

[AndyOrch]

Afraid so whipsey they have 28 days to respond and if not the claim is stayed.If they do respond the claim will be allocated and transferred to your local County Court.

 

If you could post up your final draft defence that you submitted for reference if this does proceed.

 

Regards

 

Andy

[whipsey]

i pretty much copied the defence from yoiur link andy just changed the dates to suit

 

 

 

Defence

 

 

1. It is accepted that I have had financial dealings with LLoyds TSB in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant.

2. It is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

3.It is denied with regards to the amount the Defendant owing monies to the Claimant.

 

4.On receipt of the claim form the Defendant sent a CPR 31.14 request dated 18/02/2014 for a copy of the Overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA 1974, 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 20/02/2014. 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 CCA 1974

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

 

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

 

6.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.

 

7.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 CCA 1974 it relies upon the Claimant is prevented from enforcing or requesting any relief pursuant to the CCA 1974

 

8.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.

[whipsey]

bit of an update i have received two letters today from bryan carter totaling four pages first letter states that the claimant wishes to proceed with the claim, second sheet is a copy sent to the court stating they wish to continue the claim, third sheet is a without prejudice letter asking me to setle in full or by monthly installments, fourth sheet is a consent order

[whipsey]

can anybody advise as to what the next step should be?

[AndyOrch]

Consider the Consent Order...unless you feel you will be successful at trial ?

[whipsey]

id consider the consent order but literally have nothing spare to pay them

[whipsey]

just thought i should update this i received a letter from brian carter stating that they are taking no further action

[Guest]

sounds good, have they formally discontinued?

[whipsey]

yes by letter to myself and the court ive just got to sort my other thread out now but ive received a court date

[AndyOrch]

Well done whipsey...thread title amended to reflect the outcome.

 

Regards

 

Andy

[citizenB]

One weight off your mind. Pleased to hear this.

[caro]

Well done whipsey. I hope this experience will give you confidence with your other case.