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

[Miscreant]

They also send 15 odd pages of account statement showing the final payment date. This is the new information that they have brought to the table and they use it to support their argument that the debt is not statute barred.

 

Not the claim..The debt

im sure any reasonably minded judge ( if this ever got back to court) would understand that because the claim had been stayed for 3.5yrs it now in effect has no bearing upon stopping the sb clock

 

These are the kind of stunts ind pull but always fail

 

Pers id ignore them

 

This was my initial thinking upon reading it. I'm just surprised that they did not give some option to pay as the letter makes no demands or requests of me at all.

Edited April 27, 2018 by dx100uk
merge

[AndyOrch]

For the claim to proceed they have to submit an application to lift the stay (your claim has been stayed Nov 2014) the fee they have to pay is £255. and provide a good explanation as to why they have not done anything for 3 years.

[Miscreant]

Ahh ok. So it seems fairly pointless them writing to me and all they have achieved in waiting this long is to weaken their own case. (if they even really had one in the first place)

 

Seems there is little I can do now even if I wanted to.

[dx100uk]

even if you get these types of letters YOU DO NOT PAY!!

[Miscreant]

Cool.

 

Thanks for your help yet again.

 

Very reassuring.

[batty69]

Don't mean to be the bearer of bad news, but unless IND have changed their modus operandi (which I doubt), they will follow through on this.

 

This is what they did to me. They took a stayed case (about 2 years) and followed it through right to the bitter end.

 

Even turning up in court, with no paperwork, no proof of assignment or ownership of the debt, not even any proof the original account existed.

 

Obviously the judge through a wobbler at this, IND's reasoning as to why took something to court without any proof, was because I had stupidly paid some money to them in past to get them off my back.

 

All they kept saying "He paid us, that proves he acknowledges the debt!", that was the only thing they relied on.

 

Fortunately I had my 2nd and 3rd line defences ready, and took IND apart.

 

Miscreant, I'll try and get a response to you over the weekend, I'll need to refresh my mind on this topic.

[Miscreant]

There is a bit more to this.

The letter was sent to an address I'm not presently at so I relying on the letter information being sent over to me.

 

There was another page that I was not sent yesterday.

 

They are requesting I fill in an income and exenditure form. If I don't then they are threatening to request to continue with the claim.

 

Should I still ignore this?

 

My present income is very little but I don't feel they have any right to this information anyway.

 

They have some proof that the account existed.

 

Not sure about deed of assignment/ownership. Also I don't think the CCA is valid paperwork as it doesn't have my signature.

 

Also I have never paid anything to them and I do not/ have not accepted liability at any point.

[dx100uk]

why is paperwork being sent to an old address have you moved since this debacle then?

[Miscreant]

It was sent to to my parents address. I moved out of there at the start of the year.

[dx100uk]

so that ok you'll get stuff

[Miscreant]

I've read through the paperwork that they have sent now and I can see that the CCA they sent has the incorrect address for where I would have been living at the time they claim the account was opened.

 

A SAR to Lloyds should show the actual postal address they had for me during that time as I was receiving statements from a current account which was different.

 

The address on the CCA is one I did not live at until 7 years after the account was opened.

 

IND have printed a generic Agreement and added my name with an address I sent correspondence from in 2009.

 

I was not at that address for long, was never registered at that address and I never opened any account of any sort from that address.

 

I most certainly was not living there in November 2000.

This document is fraudulent.

[dx100uk]

then its bogroll

 

they are just trying to wave their naughty bits at you..

[Miscreant]

let them take me to court with their lack of paperwork claiming a 9 and a half year old debt that they tried to claim against 3 months before it was statute barred and then took a stay of the court for 3 and a half years before bringing it up again and failing to present any real documents.

[Miscreant]

Hi there all.

 

As batty69 predicted, this has elevated to a court summons from IND.

 

They are claiming that I did not submit a defence, even though their previous letter attempted to answer, point by point, the defence that I submitted.

 

They are asking the court to make an order and for the application to be dealt with without a hearing.

 

The order they are requesting is

1: The stay be lifted

2: Judgement be entered in default of a defence.

 

They have attached an signed witness statement of which the third point is that "the defendant failed to issue a defence."

 

Also as part of this point it states that "The Claimant failed to request a judgement at this time (3 years ago) due to an administrative error. This was noticed upon file review."

 

The witness statement is signed as a statement of truth with the line "I believe that the facts in this witness statement are true."

 

At this point I refer back to the previous letter from IND received in April. The first line reads.

 

"We write in reference to the above matter and further to your defence on this claim."

 

So by their own admission I filed a defence and now they are trying to push this through the court without a hearing, claiming that I did not issue a defence.

 

My thoughts on this are that they do not think I am receiving the letters, due to me ignoring the last one, and so they are hoping to push this through the court in my absence and have the court issue a default notice based solely on their testimony.

 

This looks to be a very underhand and deceitful tactic and essentially they are lying to the court in a signed statement of truth.

 

What is my best course of action here? I feel I have a very powerful argument in my favour with just the conflicting information from their own communication, before I even get into the details of my defence.

 

Thanks in advance.

[dx100uk]

Summary judgement attempt?

Have they included a copy of their n244?

[Miscreant]

Yes they have. Titled as Application Notice.

 

It is on this form that they ask the court to maker the orders.

1: The stay be lifted

2: Judgement be entered in default of a defence.

 

They have also ticked the box for "Without a hearing"

 

"What information will you be relying on, in support of your application" box ticked for "the attached witness statement"

[dx100uk]

Good

 

Can you scan up their WS please to ONE multipage pdf

[Miscreant]

Here it is. Sorry for the delay, printer did not want to play nicely

Scan.pdf

[dx100uk]

scan up their CCA return. too please

and any other paperwork they have sent about the debt

 

did you ever ring Lloyds and ask last payment date

[Miscreant]

The last payment date was allegedly 15/12/2008 and was made by a 3rd party who was making payments on my behalf for 11 months.

 

There is a print out that apparently shows this but it has no account numbers and no details for the payments other than the amounts. I will scan this too.

 

Here they are.

 

I have left the address on the CCA as it is not my address and is definitely NOT an address I was anywhere near back in 2000 when they are claiming the CCA is from.

 

I was a guest at an address similar to this around 2008-2009 but I was never registered as living there and certainly took out no contracts from there.

I would not have been able to provide proof of address.

 

Secondly, a simple Google search will show that the address is spelt incorrectly anyway, so technically, the address as stated there, does not exist.

docs 1.pdf

[dx100uk]

ive merged you two +10Mb pdfs to one of

[Miscreant]

Thank you. Apologies for the large file size. I didn't want to affect legibility by lowering the quality but 10mb did seem a bit excessive.

 

Much appreciated that you tidied up after me. I'll figure out making smaller files for the future if needed.

[AndyOrch]

Well the claim cant be stayed if no defence was submitted...they would have got a default judgment...and they cant make application to lift a stay and request judgment because they believe no defence was submitted.

 

Did you ever receive notification your defence was received by MCOL ?

 

Can you scan redact and upload a copy of the N244 and the " Claimants Request for Judgment " as referred to within the WS.

 

Regards

 

Andy

[Miscreant]

I didn't receive a notification that I can remember from the MCOL.

 

My defence was sent by email to the court and was not sent to IND.

 

I did receive a letter from IND in April though, which was in response to my defence.

This was 3 years after the defence was submitted.

 

They attempted to answer the points raised in my defence and it was at this point that they finally provided what they claim is the CCA.

 

The opening line of the letter reads

"We write in reference to the above matter and further to your defence on this claim."

So by their own admission I submitted a defence.

N244.pdf

Letter.pdf

[AndyOrch]

Will run through this with you tomorrow...well later today