Cabot/Weighmans- Claim form Halifax OD 'debt'

[AndyOrch]

Heres a more detailed version of an overdraft defence...obviously you would have to edit to suit your particulars....

 

Particulars of Claim

 

1. The defendant entered into a credit agreement described by the original creditor as halifaxicon - current account

and having account number XXXXXXXX (the account)

 

2.The claimant, a UK limited company with company number XXXXXXX, is the assignee and legal owner of all righs previously

enjoyed by the original creditor in respect of he account.

 

3. The defendant is indebted to the claimant in respect of the account in the sum of £3340.

 

4. The claimant claims the said sum of £3340, plus costs.

 

 

 

1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the original creditor XXXXXXXX Bank.

 

2. The defendant denies/ contends that the account exceeded the agreed overdraft limit / or / is due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

Remove 5 if they have not claimed section 69 interest

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 4 March 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

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.

 

Regards

 

Andy

[fresh_start]

Thanks Andy. I'll do this ASAP

[dx100uk]

I've adapted the one I posted

 

 

but thank fully andy is here so follow his one.

 

 

dx

[fresh_start]

Thanks so much DX! which of the two should I be looking to send?

 

In Andy's one, having read through it, all I could see to change was the date i sent my CRP request off. have I missed something?

[dx100uk]

use andy's one mine was a nicked other one of his for this claimant

 

 

theres no section 69 int mentioned in the poc

 

 

and you need to change the name to Halifax not Lloyds

 

 

all I can see

 

 

get a move on

you need to file on mcol by midnight

dx

[AndyOrch]

Just tweaked the above example points 2 and 5 ...edit to suit..the rest fits fine with your particulars.

[fresh_start]

Well after seeing I needed it in by 12. I rushed to get Andy's one in. did it at 00.01.01 I didn't manage to change points 2 and 5.

 

Thank you so much guys for your help. Am I doomed?

[AndyOrch]

Well after seeing i needed it in by 12. I rushed to get Andy's one in. did it at 12.01. I didnt manager to change points 2 and 5.

 

Thank you so much guys for your help. Am I doomed?

 

Not really...you can adjust/adapt your witness statement ...should they wish to proceed.

[fresh_start]

Many thanks Andy (and DX).

[dx100uk]

rarely does that vague and stupid poc that they always use get a win once andy has torn it apart.

 

 

what you need to bear-in-mind

is they issue 1000's of these speculative claims a week.

they hope for a non contested rubber stamped default judgement

 

 

as soon as they are challenged by a claimant defending the claim

they usually cant produce anything concrete to substantiate their speculative claim

 

 

dx