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

[Miscreant]

What if the date of assignment is actually more recent?

 

Does it still count as they are claiming for the dates specified?

 

It seems they've signed their own death warrant here.

 

I will submit this is the morning.

[AndyOrch]

I doubt it is.....the interest date,s as already stated indicates the assignment date....that is why they left it off in the main particulars.

[Miscreant]

Thank you so much. Your help has been of much reassurance and great help. Top man.

[batty69]

I think some caution may be needed here.

 

Don't want to dispute the advice given by Andy, as he has by far the best legal knowledge on here and has helped me vastly in the past.

 

However I have been in the position of using this exact defence against IND and it's not as 100% as watertight as it appears.

 

Although in theory it should be, but IND are 100% game players of the court system and the masters of making "administrative" mistakes.

 

Quite often, the dates given on claim forms for interest, etc are quite often backdated to the point that they make a debt that isn't statue barred become statue barred.

 

Ok so first question:

Is that date they provided correct (or roughly correct) ?, if not do you believe you are still in the 6 years period ?

 

The reason is, IND do not make mistakes, they make DELIBERATE mistakes.

 

They will be prepared for this one, if you are still within in the 6 year period.

 

For Andy:

In my case, they suddenly produced some paperwork which showed the dispute was within the 6 years and they claimed a "typo", judge didn't allow that part of my defence to stand.

 

Fortunately I had a 2nd and 3rd line of defence that held up very well.

And the Statue barred error did prove of some use, because along with all the other "typos", and other mistakes the judge deemed any evidence from them as not being credible.

[Miscreant]

From what I remember the account interest was frozen in 2008 and minimal payments made for a short period with Lloyds

 

My final correspondence with Lloyds was 5th May 2009 which was within the 6 year period.

 

I do not remember the date of the final payment.

 

The date does not appear correct to me and seems to have been plucked out of the air.

 

With this in mind should I now add lack of cca to the defence?

 

Anything else I can add to this?

 

This is definitely very close to the 6 year mark if not beyond it.

[AndyOrch]

" I disputed the claim back in 2009 and have not acknowledged it since then. If I respond to this letter then am I not acknowledging the account again?

 

If I ignore this then what is the worst that can happen? A CCJ?

 

Can I question the legitimacy of IND to even be acting in this way with no CCA or signed contract to be found anywhere?

 

As soon as we reach May 2015 this is 6 years old and null and void. is this just a last ditch effort to try and scare me into acknowledging this debt?

[Miscreant]

Does this mean that the statute barred defence will not work?

 

Feeling a little lost as what to do now.

 

And to top it off I am unable to log into the moneyclaim online.

 

I assume the user ID is my name or is it a number they gave me?

 

I assumed it would auto login next time I went on but that is not the case and their confirmation email does not give any details either.

[BRIGADIER2JCS]

How was this dispute in 2009 worded? Did is unequivocally admit liability for the debt, e.g." this is my debt but I dispute the amount " or something similar?

[batty69]

So does this mean that the statute barred defence will not work?

 

Feeling a little lost as what to do now.

 

And to top it off I am unable to log into the moneyclaim online.

 

I assume the user ID is my name or is it a number they gave me? I assumed it would auto login next time I went on but that is not the case and their confirmation email does not give any details either.

 

Not a case of that it won't work, but you are potentially at the mercy of the judges lottery if they suddenly pull out the paperwork at a later stage showing it's within the 6 years.

 

Suddenly, the dates "3/1/08 to 5/9/14" becomes "3/1O/08 to 5/9/14" , as you say you are borderline with the 6 years, you couldn't get an closer!.

 

By all means, you still need it in your defence. Just because one part of your defence is ruled out, it doesn't mean the whole lot is.

 

You just need to have a 2nd and/or 3rd line of defence ready just in case.

 

At this late stage I don't want recommend anything, as I have not been keeping up to date with these issues. So will leave to others to recommend the best course of action.

[Miscreant]

The latter started with an explanation of circumstances regarding my inability to make further payments and complaints about the amount of interest added since 2007 when I first wrote to them about the debt and the problem it was causing.

 

The letter ended with this:

 

Since the total figure was vastly inflated and I am unable to check any details regarding this on the internet banking it is hard for me so see what the figure of the alleged debt is and how much has already been paid in to it.

 

Therefore I am requesting that you send me a verification and validation of the debt, I understand that you are required to send this to me by law upon request and that all collections activity must cease until the requested information is provided- this specifically includes any and all phone calls to any number regarding this issue.

 

Upon receipt of the requested information I would be happy to consider arrangements to repay any money that I legally owe.

 

I look forward to your reply.

[batty69]

How long have you got to get your defence in ?

[Miscreant]

Until midnight tomorrow.

 

I can however ask for a 28 day extension due to my cca request.

 

I am currently unable to log in to government gateway or moneyclaim online as I do not have the ID or customer number. I have no emails from them detailing this.

 

I enrolled to acknowledge the claim and defend all. Now I want to be able to submit my defence but I am unable to get in! Also the help desk number given on the government site is out of service! Is this a deliberate joke?

[batty69]

Ok don't sweat, give others chance to get in from work and give their tuppence worth.

 

Having taken on these IND mob myself in the past and not only defeated their action, I actually walked away with compensation from them.

So I do know some weakness's and tactics that can be used against them.

 

So don't worry, I have a couple of things which you could use.

[Miscreant]

Having now re registered with government gateway I have found the original ID which I downloaded at the time.

 

It now claims that it cannot find the user when I ask for a password reminder to my email.

 

I also am unable to respond to the claim through a newly registered account as it says that the Claim number or password is incorrect.

 

It seems as if they do not want me to be able to get in to this online service.

[AndyOrch]

Dont concern yourself with logging in problems at this moment...you can use the defendants email option to submit your defence.

 

We need to establish what date you last made a payment ? Do you have a Default Notice ? Do you have Notices of sums in Arrears? Have you checked your CRAs files is it still showing?

 

Regards

 

Andy

[Miscreant]

How do I check my CRAs files?

 

I will dig through my old paperwork and see what I can find.

[AndyOrch]

You sign up to Noodle/Equifax and Experian

[batty69]

http://www.equifax.co.uk/Products/credit/credit-report.html?cmp=brand|brand|purebrand_exact|&gclid=CJ3smdK5mMECFUT4wgodd4oAuA

[Miscreant]

OK thanks, doing that now. I have been to and from my current address for many years and spent a good few years away. Should I put 28 years or 6 months? (the most recent period)

[dx100uk]

noddle below

 

 

dx

[Miscreant]

Noddle wants card details. I have no card. I closed all my bank accounts before I left the country 4 years ago.

[Miscreant]

All I have is a savings account card which is not accepted by any of the 3 credit checks mentioned.

 

I can use a family member's card but then that will not be in my name.

 

A bit vexed by all this now...

 

Used another card for experian. They say they will email me and complete this over the next 2 days. I might have to apply to the court for the extension anyway in order to get all this clarified.

[BRIGADIER2JCS]

There is a facility for getting a "statutory" credit report for a fee of £2 by post.

[Miscreant]

I either contact Northampton Court tomorrow by telephone and inform them of the 28 day extension granted

and then apply for a statutory credit report to establish the exact details of the movements of the account.

 

Or I plough on with the "statute barred" defence backed up with the "no holding/paperwork" defence

and deny entering into any agreement with anyone

and hit them with that via email tomorrow,

within my original deadline?

[Guest]

From what I remember the account interest was frozen in 2008 and minimal payments made for a short period with Lloyds. My final correspondence with Lloyds was 5th May 2009 which was within the 6 year period. I do not remember the date of the final payment. The date does not appear correct to me and seems to have been plucked out of the air.

 

So with this in mind should I now add lack of cca to the defence?

 

Anything else I can add to this?

 

This is definitely very close to the 6 year mark if not beyond it.

 

have you tried a call to loyds to see when yr last payment to them was, and when they sold it on? their records shld still show that info.

when in 2008 was interest frozen? loyds usually stop interest after a default. or was that re an arrangement?