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

[Miscreant]

OK here goes. I have put the particulars of the claim at the top but when sending in I will only submit the defence.

 

Is this good enough or could I add some more powerful statements to this?

 

Particulars of Claim

 

1.The claimant is the assignee of a debt(s) due in relation to a/various Credit Agreement(s) regulated by the consumer credit Act 1974 entered into between lloyds Bank plc and the Defendant.

 

2. Notice of Assignment was provided tot he Defendant by the Claimant in writing.

 

3. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

 

And the Claimant Claims:

Credit Card Account number ****-****-****-**** balance of 3,371 as of 3/1/08.

 

4.Interest under s69 of the county court Act 1984 at the rate of 8% a year from 3/1/08 to 5/9/14 of 1,627.93 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.74 AND Costs.

 

 

Defence

 

The defendant contends the particulars of the claim as vague and generic in nature.

 

1: The defendant denies entering into an agreement for the amount specified and owing £3,371.07 for goods and services

 

2: The defendant attempted to enter into discussion regarding the alleged debt in May 2009 and requested documents from the original creditor that were never received.

 

3: The defendant received no further communication from the original creditor after May 2009 and therefore received no demands or offers or any acceptance of the offer laid out in his previous correspondence.

 

4: The defendant has requested that the claimant present a copy of the original consumer credit agreement. The claimant has admitted to not being in possession of this document.

 

5: The defendant disputed the account in 2008 and interest was frozen while possible arrangements were made, therefore the claimant disputes the totality of interest, not only the amount specified above but any and all interest added since the original creditor agreed to freeze it.

 

5: The defendant denies receiving any notification of the assignment of the debt to IND LTD

 

6: 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

7: 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.

Edited October 3, 2014 by Andyorch
Particulars added and numbered (Verbatim)

[AndyOrch]

Are you sure that the particulars above are verbatim ?

[Miscreant]

No they are not exactly the same as written on the claim but do I need to quote the particulars of the claim?

 

If so do I need to answer point by point or is my defence good enough in itself?

[AndyOrch]

Only for me to check it...otherwise I dont know if you have responded to everything plead

[Miscreant]

The claimant is the assignee of a debt(s) due in relation to a/various Credit Agreement(s)

regulated by the Consumer Credit Act 1974 entered into between LloydsTSB Bank plc and the Defendant.

 

 

Notice of Assignment was provided to the Defendant by the Claimant in writing.

 

 

Despite demand for payment the assigned debt(s) remains due.

 

 

The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

 

And the Claimant Claims:

 

Credit Card Account number ****-****-****-**** balance of 3,371 as of 3/1/08.

 

Interest under s69 of the County Court Act 1984 at the rate of 8% a year

from 3/1/08 to 5/9/14 of 1,627.93 and also interest at the same rate up to the date of judgement

or earlier payment at a daily rate of 0.74 AND Costs.

 

This is the exact wording (other than my card number) they fail to use the pound sign to quantify their number.

 

 

Can I pay in grains of salt?

[AndyOrch]

Okay Ive added the correct particulars (verbatim) and numbered their pleadings.

 

Now look at your responses ...in particular 1/2/3/4....do you think you have responded directly to their points?

 

Regards

 

Andy

[Miscreant]

The first letter I ever opened from IND was the claim form.

[AndyOrch]

The first letter I ever opened from IND was the claim form.

 

[Miscreant]

Defence

 

The defendant contends the particulars of the claim as vague and generic in nature.

 

1: 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974. The Defendant denies entering into an agreement for the amount specified and has requested proof of claim in the form a copy of the original Consumer Credit Agreement which has yet to be presented.

 

2: The defendant denies receiving any notification of the assignment of the debt to IND LTD

 

3: The Defendant denies receiving any claim from the claimant for any of the amount specified and has been awaiting communication from the original creditor since 2008 with regards to a request and and offer issued by the defendant at that point.

 

4: The defendant disputes the account and therefore any interest added. The defendant disputes entering into any kind of contract with the claimant and disputes being made aware of any possible interest being accrued.

 

Am I able to add additional points to my defence or must I stick to the particulars of the claim and nothing more?

[AndyOrch]

Am I able to add additional points to my defence or must I stick to the particulars of the claim and nothing more?

 

The court expects you either admit or deny any points within the claimants claim....to not answer any point is accepted as an admittance.

 

The trouble with adding anything that's not relevant (at this stage) is providing the claimant with information.

 

Remember when a debt buyer buys your debt from the original creditor...who as already wrote it off and claimed it back against their tax allowances...they pay 10/20p in the £1 for the bad debt......all they have is an account number...address and balance...nothing else no documents no history no statements...dont know if you have defaulted or whether your account was defrauded.

 

So your response should be vague as their particulars but you must respond to each point accordingly...otherwise you are admitting it in effect.

 

Im sure you have seen plenty of the defences I have penned...adjust to suit your particulars.

[Miscreant]

OK thank you kindly. I will read through some more of your posts and omit anything that is not relevant specifically to their claim.

 

Was the above 4 point response a bit more like it?

 

Basically deny all claims and ask for proof?

 

Save further argument/dispute for later if needed.

[AndyOrch]

4 is not that particularly good Miscreant ...because you are divulging history with the original creditor which can then be used by the assignee.

[Miscreant]

ah ha. So forget all that has passed before and focus purely on the claim between the claimant and me. Got it. Thanks.

 

OK. Have updated it. Hopefully that is more like it.

 

Do I need any kind of opening/closing statement or should I just keep to the point and see where it goes from there?

[AndyOrch]

Particulars of Claim

 

1.The claimant is the assignee of a debt(s) due in relation to a/various Credit Agreement(s) regulated by the consumer crediticon Act 1974 entered into between Lloyds Bank plc and the Defendant.

 

2. Notice of Assignment was provided tot he Defendant by the Claimant in writing. (note they have not provided a date of assignment)

 

3. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

 

And the Claimant Claims:

Credit Card Account number ****-****-****-**** balance of 3,371 as of 3/1/08.

 

4.interest under s69 of the county court Act 1984 at the rate of 8% a year from 3/1/08 to 5/9/14 of 1,627.93 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.74 AND Costs.

 

But they have provided it within the interest calculation as 3rd Jan 2008....if that assignment date is correct and you have not made payment since assignment then their claim is statute barred and their claim is 7 months too late.

 

Regards

 

Andy

[Miscreant]

This is what I was thinking! So this kind of over rides the whole thing anyway so point 4 should really be that the claim is statute barred?

 

Should this become my overall defense or should I just leave it at point fall and allow the case to crumble as it unfolds for them

 

Andy, you rock!

[Guest]

as andy points, its claim for its interest seems to show that its had it since at least 1/08. so if no payments/deemed written acknowlegments since at least 1/08, then prob be barred.

[AndyOrch]

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[Miscreant]

Can I stick to this as my sole defence or should I also include the lack of contract angle?

 

I have never had any contact with IND until the claim form came through.

 

The dates they mention for the duration of their claim are clearly over 6 years ago.

 

Any contact with the original creditor would be irrelevant to this case as IND are claiming for the dates in question.

 

Correct?

[AndyOrch]

That is the statute barred defence...no additions are necessary.

 

Providing you have made no payment or acknowledgement within a clear 6 year period its Statute barred.

 

Nothing to do with not having an agreement with IND ...you do now they bought the debt from lloyds on 3rd Jan 2008.

[Miscreant]

So are the dates specified proof that they bought the debt on that date or are they claiming for interest accrued before purchase?

I had correspondence with Lloyds after that date (may 2009) but made no payments. No correspondence with IND though.

[AndyOrch]

In most cases the interest calculation provides the date of assignment....in effect they could only add/request interest from the date of purchase.

Have you never received a notice of assignment from either?

[Miscreant]

No. Some mail was returned in my absence though.

 

I was not living at the address (my family home address) at the time as I was living abroad having moved away from my old address in 2010.

 

I am not registered at the current address and I am staying here temporarily.

 

I only opened the letter as I saw the word defendant there.

[AndyOrch]

Well I think Its quite safe to go with statue barred defence...they will struggle to overcome it.

[Miscreant]

That is comment 47 with the date of the claim form inserted. No need to mention lack of cca?

 

Can this be brought up later as additional defence?

 

Would it not be better to hit them with it all n the hope that it is just dropped through lack of proof claim and right to claim as statute barred anyway.

 

Thanks for all you help, you've been a godsend.

[AndyOrch]

There is no need to...a statute barred defence is the ultimate defence...to start adding dilutes it strength and states to a court you are not sure so to edge my bets just in case.