claim form IND/Heggarty on old Lloyds (5 and a half years) credit card debt***Claim Dismissed***

[Miscreant]

I read somewhere about claiming as litigant in person. £19 per hour for phone calls, writing letters, writing defence + WS and court appearances.

Can that be applied here?

[AndyOrch]

Already covered in posts #228 - 230

[Miscreant]

Will prepare everything tomorrow and post first thing on Monday.

 

Will just have to quote section 1 of the law of property act 1989 and section 74 of the 1925 act to cover all the bases in terms of what a deed is.

I feel pretty confident with my defence really, mainly due to the poor process and naff evidence from the claimant.

 

Fingers crossed that it's ok and then judge chooses to throw it out.

 

One question...

 

If it gets struck out. Can the claimant re instigate another claim?

 

Will that claim be statute barred of was the statute barred clock reset when the made the last claim, even though it was struck out?

[dx100uk]

no they cant if its struck out

and if it is struck out its as if it never happened.

[Miscreant]

Sweet.

 

So their statute barred is hanging on a thread.

 

How do you think my defence looks?

 

I can back up the evidence per the NoA that states FCA on a 2011 letter and the other letter from Lloyd's literally had small print at the bottom that is illegible in every copy I have seen, hence every copy lodged with the court.

 

They maybe have provided the court with a more detailed copy of the DoA but I doubt it.

 

Honest opinion?

 

You guys have been a godsend over the last 4 years and instilled me with the confidence to research and take these fools on.

I really hope I can knock this out the park and offer some hope to others in the same position in the future.

[Miscreant]

All documents have to be in by the 4th.

 

On the 4th is ok then?

Even though it's the last day?

 

I could maybe hand the papers in person to the court on Monday. Does it make any difference?

[Miscreant]

In their witness statement they say at the end:

 

"The Claimant accepts the Defendant's medical condition, however this is not a defence."

 

I have no idea what they are talking about here. At no point have I specified having any medical condition and I do not have, nor have I ever had, any medical condition.

 

Is it worth pointing out that this is another example of them not knowing what they are talking about?

[AndyOrch]

Yes worth raising ...reflects that their WS is inaccurate and cannot be relied upon..perhaps ask the judge to ask them to expand on this medical condition.

[Miscreant]

I've already posted the WS off now but I can still raise this in court though as it is documented right?

 

Court date is 16th January so I can have a break from this for Christmas.

 

Thanks again for all of your help.

 

Fingers crossed for this.

[Miscreant]

CASE DISMISSED!

 

Dealt with in under 20 minutes based on the address on the CCA being incorrect. The judge accepted my Electoral Roll copies as evidence of the address at the time of execution.

 

The solicitor for IND actually argued my case for me so we could get it over with quicker and go to lunch. I think he could see that the points raised in my witness statement would have led to a rocky ride for him and it was as well to address the CCA first as it was the strongest point.

 

Although they failed the court order, the judge accepted the documents and said that the quality of the content of the documents was not specified in the order and as such would be subject to debate if I wished to highlight problems with them. She did point out that there were very clear issues with the documents though.

 

She also said that it would have been lovely to spend and hour or so debating the finer points of law with regards to the evidence provided and that I would have enjoyed that too based on the work that I had put into the content of my witness statement.

 

The CCA error was a fundamental flaw in the claim and was clearly unenforceable and as such there was no point in addressing any of the further points.

 

An interesting comment she made was that with regards to the deed. If it was supposed to be a deed then it was not one but the question of whether a deed was actually required was arguable and as such the document provided may well have stood.

 

No award was given for costs but £255 is a small price to pay for wiping a CCJ and a £5,000 + claim.

 

I do feel I should have been refunded my costs but the judge said I should be happy that the case is dismissed and that I am absolved of any obligations or responsibilities for this matter.

 

Thanks again for all of your help and support with this!

[AndyOrch]

Well done thread title updated.

 

Please consider making a donation to help us to continue to help others.

 

Regards

Andy

[Miscreant]

For sure I will Andy.