Fighting bank overdraft claim from known DCA

[digiguide]

Hi everyone

 

I need help with completing my defence against a claim from a well known DCA that needs to go in 5 days from now.

 

The particulars of claim are ....

 

The Claimant claims the sum of xxxxxxx being monies due from the Defendant(s) to xxxxxx bank Plc

under a bank account facility regulated by the Consumer Credit Act 1974

and assigned to the Claimant on 8/12/2011.

 

The Defendant(s)'s account number was xxxxxxx.

It was a term of the bank account that any debt balance would be payable in full on demand.

The Defendant(s) has failed to make payment as required by the statutory default notice served by xxxx bank.

 

 

The Claimant claims the sum of xxxx and costs.

 

The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

Thanks to the fantastic help offered to people on this forum I think I have the main elements of my defence sorted out but .....

 

I believe the particulars of claim (above) are faulty as they refer to a default notice

and If I understand correctly, default notices do not apply to bank account debts?

 

Unfortunately I have only just discovered this.

I have spent months chasing the Claimant for this default notice with a CPR 31.14 request for that document.

The Claimant never responds to any CPR requests so I have applied for and obtained a court order for them to produce.

This order has not been complied with.

 

Not knowing what to do and not knowing there was in fact no such thing as a default notice

I kept applying to the court for more orders to produce in the hope that they would take some action to force the claimant

to produce or issue some sanction against the claimant.

 

Long story short ....

 

My last application to the court was again for the document with an unless order that the case be stayed

until the Claimant complies and produces the document.

 

 

This order wasn't granted.

Instead the case was transferred to my local court for a 'strike-out' hearing???

 

 

The Judge didn't treat it as a 'strike out' hearing but rather what I think was an allocation hearing.

Dates were set for my defence to be submitted, a date for the Claimant to reply to the defence and a date for the hearing.

 

I think I'm being stitched up by the court as it attempts to avoid it's responsibility to enforce it's own orders??

 

The bank seems to be playing with delaying tactics responding to my SAR application so I won't have the information from them before the deadline for my defence

 

I feel I am being forced into submitting a partial defence and that the courts are heavily biased towards the DCA in these cases.

 

Any help or advice would really be appreciated.:!:

 

I want to fight the "£$% DCA parasites but I'm not sure what to do next????

 

Do I submit a partial defence? Make another application to extend the time to submit my defence?

Make a complaint to the court(s)? All of the above???

 

Many thanks

 

digiguide

[Ganymede]

I don't think you have a complaint against the Court personally. Your application failed and the Court provided directions.

 

I don't think you'll be able to extend the time for filing your Defence any further. You don't need the documents to submit a full Defence.

[digiguide]

Thanks for your response Ganymede...

 

I was afraid I was running out of options

 

But what I don't understand is how the court makes an order and then does nothing when it isn't complied with. I think I followed the correct procedure for a CPR request and the court granted an earlier order based on that request. I'm very confused

 

Also can anyone advise me on the particulars of claim in this case? As they refer to a default notice and there is no such thing with a bank overdraft does this not invalidate their claim?

[AndyOrch]

"Also can anyone advise me on the particulars of claim in this case? As they refer to a default notice and there is no such thing with a bank overdraft does this not invalidate their claim? "

 

The equivalent is known as Notice served under Sections 76(1) and 98(1) of the CCA1974 ....but as you state its not a Default Notice...rather a recall/termination notice.It does not invalidate their claim but rather confuses as it shows they have little knowledge of what they are actually claiming.

 

If they insist they served a Default Notice then ask them to clarify and evidence its existence or purpose and how it can equate to a current account.

 

Regards

 

Andy

[Ganymede]

Thanks for your response Ganymede...

 

I was afraid I was running out of options

 

But what I don't understand is how the court makes an order and then does nothing when it isn't complied with. I think I followed the correct procedure for a CPR request and the court granted an earlier order based on that request. I'm very confused

 

Also can anyone advise me on the particulars of claim in this case? As they refer to a default notice and there is no such thing with a bank overdraft does this not invalidate their claim?

 

Don't try and over think it, Judges are very reluctant to strike out claims early on for non disclosure as documents will be disclosed at the appropriate stage later on in the claim.

[digiguide]

Thanks for your messages folks.

 

The DCA has not impressed me at all....

 

When I look at some of their tricks you do wonder if they have any idea what they're up to. Many of the things they've done work against their own interests. And making such a basic error in the particulars of claim!

 

When things have moved on I'll come back and post more fully on this case as I think some of my experiences may help others who might want to challenge a DCA in court.

 

Wish me luck.

 

And thanks again for the information and insights.