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

[Miscreant]

Thank you so much. I really appreciate it.

[AndyOrch]

So you are going to have to submit your own witness statement in response to this application with your objections and arguments.......but first you must ring MCOL and confirm that your defence was in fact received and copied to he claimants solicitor.

 

Once you have this answer it will determine your statement .

 

Post back ASAP once you have confirmed this.

 

 

Andy

[Miscreant]

OK thank you. I will do this.

 

Looks like the lines are open 8:45 Monday to Friday so it's a tomorrow morning thing.

 

I would think that for them to be able to reply to the defence and make reference to the points made within they would need to have received it from MCOL.

Thanks again for taking the time to help me Andy and dx100uk.

[dx100uk]

Dont be surprised if you cant get through

Monday am is always chokka

[Miscreant]

OK. I'll bare that in mind.

Thanks.

[Miscreant]

I have spoken to MCOL and they confirm that my defence was received and is on file. They also confirm that they did pass it on to the claimant's solicitor.

[dx100uk]

Oh the little liars...IND.

Told you they pull every stunt in the book earlier.....

[AndyOrch]

I will draft you a response this evening Miscreant...have you had any notification from the court re their application ?

 

Andy

[batty69]

Oh the little liars...IND.

Told you they pull every stunt in the book earlier.....

 

That they do indeed, and they are not even clever or try to hide the fact.

 

One of the ones they attempted to pull with me was to get my witness statement struck out because I submitted it 5 mins before the deadline on the Friday.

 

Their reasoning ? In actual words "The defendant submitted his w/s close to the deadline thus denying us the opportunity to write ours in response"

 

The Judge was not impressed at all!!

[Miscreant]

I've heard nothing from the court yet. I guess I should have asked if there were any actions pending when I called them.

 

IND seem to be pretty incompetent to be fair.

 

I still think that they were hoping I would either ignore or not open/receive the letter and thus allow them to push their nonsense claim through in my absence.

 

I feel pretty confident with this now but I'm very interested to read your reply Andy and again, thanks for taking time out to assist me with this.

[AndyOrch]

I can correct them on their application and that they have not followed due process and that their application should be amended...but it does not alter the fact that the debt was not statute barred at the time you submitted your defence.

 

So my question is are you happy for this to proceed to allocation and then possible trial ...you could still fight it on the paperwork provided......but unless we can prove that the payment made on 15th Dec 2008 is an error then statute barred is down the river ?

 

Andy

[Miscreant]

I guess so.

I have to do something at this point.

The last payment they reference was 3 months before it would have been statute barred.

 

Since then they have stayed the court for 3 and a half years.

They also took the same amount of time to provide me with a CCA, which seems a bit long to me.

Plus the CCA they provided had a false address ammended onto it and there was no signature.

 

They also gave no evidence as to where the payments came from as they most certainly did not come from any account in my name.

 

Is that strong enough to hold up?

Edited July 17, 2018 by dx100uk
spacing

[AndyOrch]

From my reconciling you was 3 months shy of the limitation...they issued the claim 5/9/14...so you went 5 years 9 months.

 

" They also gave no evidence as to where the payments came from as they most certainly did not come from any account in my name."

 

Did you not state somewhere that you was in a DMP and they made payments on your behalf ?

 

" 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."

[Miscreant]

Nope.

I have never dealt with a dmp.

It was a friend, who I referred to as a third party, who paid on my behalf but there was no contractual arrangement there.

 

If they check their records, all they will find are payments coming from a named account that is not mine.

This arrangement was made with Lloyds, even though IND. claim the debt had been assigned to them.

 

I will also reiterate that I never received an assignment of debt at any point.

 

The first communication I ever received from IND was the court summons in September 2014.

Edited July 17, 2018 by dx100uk
spacing

[AndyOrch]

Fine I think that covers it and is enough to proceed...along with the cut and paste application form.

 

Should have something for you tomorrow......I was waiting on your response this morning but got sidetracked late afternoon.

[Miscreant]

Excellent. Thanks.

 

Today has been hectic here too, easy to be sidetracked.

 

I look forward to reading what you come up with tomorrow.

 

Goodnight.

[batty69]

From my reconciling you was 3 months shy of the limitation...they issued the claim 5/9/14...so you went 5 years 9 months.

 

" They also gave no evidence as to where the payments came from as they most certainly did not come from any account in my name."

 

Did you not state somewhere that you was in a DMP and they made payments on your behalf ?

 

" 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."

 

Miscreant, Please find a way to validate the dates of these alleged payments. I have yet to see an IND claim where they havn't tampered with the dates. They either move the date back if within the SB limits to maximise the statutory interest, or move the date forward if it is outside the SB limit to bring it inside.

[batty69]

Nope.

 

This arrangement was made with Lloyds, even though IND. claim the debt had been assigned to them.

 

I will also reiterate that I never received an assignment of debt at any point.

 

The first communication I ever received from IND was the court summons in September 2014.

 

I can pretty much guarantee you that the debt has not been assigned. They failed to provide the assignment in my case, and when I won my counterclaim, the payment did not come from IND but the original "Creditor"

 

@Andyorch, surely this should not be allowed ? I.e. someone claiming to court that they are the claimant when in reality they are a disguised legal team acting on behalf of a 3rd party ?

[AndyOrch]

They would not dare issue a claim in their name if the debt had not been legally assigned......failing to provide Notice of Assignment is one thing...issuing a claim on a debt that is not legally owned is another and is tantamount to Fraud.

[AndyOrch]

In the County Court xxxxxxxxxx

 

Claim Number xxxxxxx

 

Claimant xxxxx

 

and

 

Defendant xxxxx

 

______________________________________________________________

Witness Statement in response to Claimant Application dated 12th July 2018

______________________________________________________________

 

 

I xxxxxxxx the Defendant make this Statement in response to the claimants application dated 12/07/2018 and will state as follows :-

 

1.The defendant did make an acknowledgment of service and did submit a defence to the claim..the defence was submitted on 7th October 2014 and served on the claimant and confirmed again for clarity by telephone by CCBC via telephone conversation dated 17th July 2018.

 

2. The Claimant has in fact made responses to the defence by letters so this confirms that they were served a copy of the defence by CCBC.

 

3. The claim was initially submitted on the 5th September 2014. The claim was acknowledged and a defence was submitted.The Claimant failed to inform CCBC that they wished to proceed and the claim has been stayed since.Its not a case of the Claimant failed to request judgment due to an administrative error....as stated within the Claimants Witness Statement dated 12th July 2018.It is averred the claimant was not in a position to request judgment.

 

4.The Claimants application now requests that the stay be lifted after 4 years and the court enters Judgment.On what grounds it thinks it can legally request Judgment without allocation and trial is not stated?

 

Should the claimant wish to lift the stay and proceed to allocation, this will be acceptable, but to request Judgment the Claimant must refer to the relevant CPR on which its application relies upon.Summary Judgment or Strike Out and submit a further application with hearing and present its evidence in support of the order requested.

 

5.It is therefore for the aforesaid reasons that the Claimants application be dismissed.

 

 

 

 

Statement of Truth

 

I believe that the facts stated in this Witness Statement are true.

 

 

Sign

 

Dated.

[dx100uk]

Blue bit doesnt read right andy?

[AndyOrch]

Thanks proofy....edited:wink:

[Miscreant]

Thank you so much for this.

 

Today has been hectic so I will bring my full attention to this tomorrow.

[Miscreant]

Hi again.

 

I posted the above response to the local court and to CCBC.

 

I have just received a General Form of Judgement or Order. Dated 27th July with a postal date of 7th August

 

It is ordering that the

1: The stay be lifted

2: Judgement be entered in default of a defence.

 

It gives me 7 days to apply to have the order set aside.

 

I contacted CCBC yesterday and they told me that their postal system is currently very behind (they are dealing with post from the 23rd July) so I should email my response to them. I did this promptly with a covering note at the top explaining that I previously posted it but due to recommendations given over the phone I am now sending it via email.

 

Today I received a Judgement for Claimant (in default)

 

To the Defendant

 

You have not responded to the claim form

It is therefore ordered that you pay the Claimant £**** (the full amount with interest) [and interest to date of judgement] and £185 for costs.

 

Dated 07 AUG 2018

 

Note for Defendant.

If you did reply to the claim form and believe judgement was entered wrongly in default, you may apply the court office giving your reasons why the judgement should be set aside.

 

 

Today I called CCBC again and they gave me another email address to send my reply to so they would receive it immediately.

I informed them of the letter I had just received and of the judgement being put against me.

The lady was very helpful and after reading my response asked me to hold the line while she spoke to her superior.

 

After a good few minutes she returned to the line and confirmed that there had been a judgement made but as far as they can see it should not have been made as my defence is clearly on record.

 

Apparently IND attempted to have a judgement made against me on the 11th July but it was rejected as invalid due to my defence being on record.

Her manager is now going to investigate this issue as no judgement should have been made.

The issue has been given an "urgent" status and they will be back in touch in around 5 days.

 

I asked if there was anything I can do or if there are any forms that I need to fill out but was told that there were not and that I have done everything I need to do at present. I was noted on the file that I have offered to do anything I need to do to have this order removed.

 

As we spoke about the details of the claim the lady couldn't help but burst into laughter at the fact this has been brought up after nearly 4 years.

She duly apologised for laughing but it clearly showed the ridiculousness of this, even to someone who works with this stuff on a daily basis.

 

I await the call from her manager next week but what I take from these latest events is:

 

1: IND are attempting to subvert the courts but claiming that I did not submit a defence.

 

2: A judgement has been incorrectly made against me through either a fault by the court/judge or an underhand tactic by IND

 

3: IND tried to have judgement made against me on 11th July and it was overturned due to my defence being on file.

 

Surely point 3 should place them in contempt.

After having their claim overturned and being made aware (again) of my defence, that they have already replied to, to them issue a further claim and involve a judge in this false claim is making him look somewhat foolish.

 

They are making a mockery of the court system and surely now their witness statement, which claims that I did not submit a defence, and is the backbone of their claim, is now invalid?

 

Just thought I'd update the latest and wondered if there were any musings from you guys about this and if there is anything else I should now do. eg. SAR to IND or Original Creditor or both?

 

Thanks in advance again.

Edited August 10, 2018 by dx100uk
spacing

[dx100uk]

post 133 springs to mind...