Capquest/? claimform - LLoyds Credit card 'debt'

[AndyOrch]

IF that what the CCA request states then yes...do you really need to ask?

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)

[fishfood1]

sorry, but I read on one post not to delete it so just wanted to double check that's all

 

thanks for your time

[AndyOrch]

Your debt has been assigned to CQ so its no longer with the Original Creditor

[fishfood1]

hi

 

 

I posted the cpr31:14 to HL and the CCA to CQ and a SAR to Lloyds all recorded delivery yesterday morning. just not sure what happens next or what to do

 

 

many thanks

[unclebulgaria67]

hi

 

 

I posted the cpr31:14 to HL and the CCA to CQ and a SAR to Lloyds all recorded delivery yesterday morning. just not sure what happens next or what to do

 

 

many thanks

 

There is info provided on this thread and on the court claim form. You have to acknowledge the court claim online within 19 days of the date the court claim was issued. You will say that you will defend in full when you acknowledge, as otherwise a default CCJ will happen. Once acknowledged, you have a further 14 days to submit your defence.

 

Wait for them to respond to your requests for info.

 

Here is a thread about the court claim process. click here

[fishfood1]

hi

 

 

yes, acknowledged and forms sent. I will probably be back as all the legal jargon is hard to take in. I will continue reading up on it

 

 

ive registered for a credit report so hoping this sheds some light on the debt

 

 

many thanks

[Guest]

hi

 

 

.... just not sure what happens next or what to do

 

 

many thanks

 

 

waiting for abit, see if they respond, but stick to court deadlines.

you mentioned wanting to avoid an ccj. see what if anything they come back with in time. if all seems in order and correct, then can always enter into negotiations re a settlement.

any missold ppi?

[fishfood1]

hi ford

 

I have cchecked and all letters have been signed for today so made a note of that. ive had a loan before with Lloyds years ago so I probably did have ppi on it. I think the date for the end of acknowledgement is the 18/3 and the 2/4 for the defence. Will the court write to me before this. Its really hard not worrying about it and yes where possible I would rather not have CCJ. When I do come to put a defence together if it does come to it is there like a template form.

 

thanks for replying

[AndyOrch]

No the court do not write again ..its your responsibility now to follow the time line and submit by the dates required.

 

Andy

[citizenB]

Your timeline is

 

Issue date - 28.02.2014 + 5 days for service = 04.03.2014 + 14 days to acknowledge = 18.03.2014 + 14 days to submit defence = 01.04.2014.

 

Have a read of the link below and provide any information you havent already

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(1-Viewing)-nbsp

 

Your timeline

Edited March 13, 2014 by citizenB
amended timeline

[citizenB]

Please note - i have amended your timeline - apparently i gave you 34 days instead of 33 - my apologies

[Guest]

hi ford

 

..... ive had a loan before with Lloyds years ago so I probably did have ppi on it. ... When I do come to put a defence together if it does come to it is there like a template form.

 

thanks for replying

 

should check then if there is any ppi. have you previously done a sar on this?

no specific templates as such, as each would be specific to the claim. but have a read around claim threads and see what has been used in defence in similar circumstances. adapt anything to suit yr circumstances.

[fishfood1]

hi there

 

 

not sure where to go from here. I sent the cca and the cpr 31.14 they were both signed for on the 12/3 and there has been no reply as of yet. I got my credit report and on it is the old loan from Lloyds it started 27/04/2005, default date 24/02/2010 and it was then assigned to the claimant 1/8/2013.

I have until the 1/4/2014 to submit my defence

 

 

any help would be very welcomed

 

 

thanks

[fishfood1]

ive have just made a small donation and will make more towards the end

 

 

thanks

[fishfood1]

hi there

 

 

not sure where to go from here. I sent the cca and the cpr 31.14 they were both signed for on the 12/3 and there has been no reply as of yet. I got my credit report and on it is the old loan from Lloyds it started 27/04/2005, default date 24/02/2010 and it was then assigned to the claimant 1/8/2013.

I have until the 1/4/2014 to submit my defence

 

 

any help would be very welcomed

 

 

thanks

[dx100uk]

you wait sadly

 

time to go read a few like threads here

 

nothing much more you can do

 

dx

[fishfood1]

hi

 

 

do they not have 7 days to send a reply? when do I start putting together a defence to the court, the final day is the 1/4. yes I will continue to read threads etc... just like a cat on hot bricks.

 

 

many thanks

[Guest]

abit of time yet re defence. they prob won't reply to cpr request in time, if at all, but they are required to reply re the cca request. start looking into yr defence, mention any non reply within yr defence. if they don't reply accurately to yr cca request then that c/b one defence to court enforcement.

i see you have recently done the sar to original creditor, that takes up to 40 days. loyds seem to send things just before the end of the 40.

[fishfood1]

hi

 

 

my date for defence is due very soon is there a kind of template I can follow as im at a loss of how to set it out. I have had no replies from anyone C/Q or solicitors etc...

 

 

any help would be very gratefully accepted

 

 

thanks

[fishfood1]

hi

 

 

my date for defence is due very soon is there a kind of template I can follow as im at a loss of how to set it out. I have had no replies from anyone C/Q or solicitors etc...

think the date is the 2/4/14 for the defence date

 

 

any help would be very gratefully accepted

 

 

thanks

[Guest]

as post #37, have a read round similar claim threads see the defences used. adapt to suit your circumstances. post up yr draft for any comment.

[fishfood1]

hi there if anyone can have a look at this defence ive taken bits from different defences which are similar to my case does it sound ok? im not sure how to paragraph it im having a lot of problems with my laptop and word with copy and paste so its spacing is all wrong im trying to rectify it.

 

 

thanks in advance

 

 

Mr My name & Address below

xxxxxxxxxxxx

xxxxxxxxx

xxxxxxxx

xxxxxxxx

xxxx 20

In the xxxxxxxxxxxxx county court

Claim number xxxxxxxxxx

 

Between xxxxxxxxxxxxxxx – Claimant

 

and

 

Mr xxxxxxx xxxxxxxxx - Defendant

 

Defence

 

 

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.

 

I have in the past had financial dealings with lloyds banking group .

 

it is denied I am unaware of any legal assignment or Notice of Assignment being terminated from either the Claimant or lloyds.

 

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

 

 

 

 

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default

 

the claimants Particulars of Claim and put the claimant to strict proof thereof.

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, or any default notices issued or any Notice of Assignment required for the claimant to have a legitimate right of action for the purported debt or any other matters necessary to substantiate the claimant's claim.wing matters;

b) A copy of the purported written agreement, Notice of Assignment that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

c) A copy of any evidence of both the scope and nature of any default has not been served attached to the claim form.

20. Alternatively if the court decides not to strike out the claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules, then I will be in a position to file a fully particularized defense

21. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT debit collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

22. I respectfully ask the permission of the court to amend this defence when the claimant provides full disclosure of the requested documents

Statement of Truth

I xxxxxx xxxxxxx, believe the above statement to be true and factual

Signed................... ..

Date xxxxxxx

[fishfood1]

i need to put he p.o.c at the top?

 

 

thanks

[AndyOrch]

No that's only for reference when drafting and checking nor does it require names/addresses/claimant v defendant or a statement of truth if you are submitting vis a MCOL.

 

Regards

 

Andy

[fishfood1]

hi andy

 

 

so regarding my case does this defence sound ok once I amend the items you say don't need to be on it and also can defence be sumitted online with the MCOL?, I was under the impression that it had to be posted. I was going to send the receipts for proof of posting etc...

 

 

 

 

many thanks