1st credit claimform - LLOyds card - Defended, DQ/Mediation help

[69Eyes]

Nice one, ta. So the date is set for the 15th, so I file mine on the 1st March. I should send by recorded delivery on the 29th Feb?

 

Can my witness statement just be that I've requested a CCA. Or do I have to go into all the gory details?

[AndyOrch]

Nice one, ta. So the date is set for the 15th, so I file mine on the 1st March. I should send by recorded delivery on the 29th Feb? Earlier the safer

 

Can my witness statement just be that I've requested a CCA. Or do I have to go into all the gory details?

 

See the following thread just covered this with another poster. (this is for an overdraft..but the layout is the same and same process)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?452903-Lowell-Carter-Claimform-old-lloyds-OD-poss-SB-d/page10

[69Eyes]

Perfect - thank you.

[69Eyes]

Hi all,

 

Would anybody be willing to look over my witness statement and provide feedback?

 

I have taken inspiration from a lot of CAG posts, but I feel well out of my depth, and in my ignorance, I've tried to keep it short, simple and stick to verifyable facts.

 

Witness Statement

 

I Xxx Xxx am the defendant in this action and make the following statement as to my defence to the claim made by 1st Credit Ltd.

 

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

It is admitted that I have in the past held an account with Lloyds Bank PLC in 2001.

 

I question the assertion that I entered into a legally binding agreement with regard to the issued card and do not remember signing any such agreement. I do not have in my possession any such agreement.

 

I have requested copies of the agreement on multiple occasions and have never been provided with a copy of said agreement. I sent all requests by recorded delivery and include documents confirming receipt (printed from the Royal Mail website) along with my defence.

 

Additionally, when first requesting a copy of the agreement in 2013, Lloyds Bank PLC responded by noting that the account number (as referred to by 1st Credit) was invalid. Documentary evidence of this is also included.

 

Therefore, the Claimant is put to strict proof that:

 

 

1. Such an agreement existed, and
   
2. That it was properly executed and has been enforceable at all times since its’ inception, and
   
3. That the terms of the alleged agreement are enforceable within the terms of the act
   

 

Given that the Claimant issued a claim based on said agreement, one would assume that they would be more than happy to comply in order to prove that the claim is valid, eradicating any need to defend or proceed to trial.

 

If, which is not admitted, such an agreement exists, it would be a regulated agreement within the terms of the Consumer Credit Act 1974. My understanding is that under the CCA 1974 it is a legal requirement to provide a copy of the agreement, upon request, within 12 working days.

 

It is in my opinion that the claimants claim is fanciful contains no proof, and uncorroborated. Totally unaware of the details of debt they have purchased and expecting judgment/relief be granted, relying on the court to base its decision on assumption and basis of probabilities.

 

It is therefore submitted that the claimants be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and, failing this, that the claim be struck out or otherwise dismissed as having no basis.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

 

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

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

 

Signed....

 

Dated.......

[69Eyes]

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

 

Is this relevant seeing as I haven't requested a CPR (only a CCA)?

 

I admit that I did have an account with Lloyds Bank PLC in 2001 and that a credit card was physically issued.

 

Is this good to put in, or is the less said the better?

[Guest]

was your submitted defence as per post #1

what were their particulars of claim on the claim form

[69Eyes]

When I first received notification of the hearing I submitted the defence as in post #1.

 

Their particulars on the claim form are:

 

The claimant claims the sum of xxxx for debt + interest. On xx/xx/xxxx the defendant entered into an agreement with Lloyds Bank plc for a credit card under reference xxxxxxxxxxxx. On xx/xx/xxxx defendant defaulted on the agreement with outstanding balance of xxx. On xx/xx/xx the debt of xxx was assigned to 1st Credit (Finance) Ltd. Notice of Assignment was sent to the defendant in accordance with s136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS

 

1. The sum of xxxx

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of xx% per annum from xx/xx/xx to xx/xx/xx 91.40 and thereafter at a daily rate of 0.68 until judgment or sooner payment.

[Guest]

I submitted the defence as in post #1

for ref

Defence in Response to Claim

I question the right of the claimant to collect the alleged amount.

 

On the advice of the CAB, in September 2012 I requested to be provided with a legally enforceable original signed Consumer Credit Agreement.

This request was sent to 2 parties:

·

Robinson Way (then dealing with this issue)

·

Lloyds

The letters were received (sent by recorded delivery and tracked), however I received no response from either party.

In November 2012 I wrote a further letter to both parties, restating my request and adding that unless I received a copy of this agreement I would enter into no further correspondence with them. I enclose a copy of this letter.

I am very unhappy about the continuous (frequently threatening) correspondence from

1st credit

.

was a default notice required, did you get one. did you get the notice of assignment. some things to also mention.

imo. your wit statement, ie what you will say in court, needs revising a bit.

see what andy etc say

[69Eyes]

I don't know if a DN was required. I don't have one in my files. But I've only been keeping files since about 2011, so I can't say for sure that I never received one.

 

I did receive a notice of assignment.

 

If you have any, it would be good to hear any thoughts as to how I could improve the statement. I need to post it tomorrow morning.

 

(I know I'm an idiot for leaving it last minute. I WAY underestimated the time it would take me to do it. Thought I would do it in an evening, but it took me almost a week.)

[Guest]

are you able to wait for andy, maybe tonight or tomorrow am. give him a pm nudge to look in.

'special delivery' before the post office closes shld get there the next day.

[69Eyes]

Tonight I can wait til whenever, tomorrow I have til about 11am... 1. I can't walk very easily, so I have to depend on others and 2. We're meant to be going away for a few days, so I got the help in early that day.

 

TL;DR Seriously bad timing on my part.

 

I'll keep checking in til then, with my fingers crossed. Otherwise I'll just have to bite the bullet and send it as is. If it wasn't for you folks it would be 100 x worse.

[69Eyes]

Bumping

[AndyOrch]

I have amended one line in red...the lines in blue should be removed as they are irrelevant at this stage.

 

Andy

[69Eyes]

Thanks Andy! I was worried it was a pile, I'll have much happier holidays now one of you guys checked it over.

[AndyOrch]

Dont forget to add the header (Claimant V Defendant claim number ....county court etc and date.)

[69Eyes]

Ta, all done

[Guest]

Ta, all done

 

cheers for looking in andy.

[69Eyes]

To my suprise, these guys (1st Cred) have actually come up with a genuine, valid CCA, signed by my good self. 5 days before the court hearing.

 

So I'm thinking to contact them and try to sort it out.

 

Does that mean I'll get a CCJ unless I stop it going to court? And is it too late for that?

[Old Cogger]

who says it enforceable? get Andy to look at it, most of these are not just copies with no T&Cs therefore not.

[dx100uk]

upload it

[69Eyes]

I would be over the moon if they were not enforcable but they do look genuine.

 

The copy of the "Application Form / Agreement" has my scrawl on it, and they enclose T&Cs along with it.

 

However... and I might be clutching at straws here....

 

The form and acompanying T&Cs appear to have been pulled from a microfiche or similar (with a blue tint around the edges.) This would suggest they were originals from 2001. Yet this cannot be so, as the T&Cs are headed with a very recent address (post 2010).

 

What is the best way of getting them to you once I've scanned them? A couple of them have private info on, which I have no problem showing you guys, but don't really want to post them on a public interwebs.

[dx100uk]

then they are NOT enforceable

the t&C's must be the originals'

from the time of uptake

not 9yrs later

 

 

follow the UPLOAD

[theoldrouge]

incorrect address is important as regards non compliance with a s78 request

 

have a read of carey v hsbc

[69Eyes]

Ok. I should have looked for instructions before asking, sorry. There's a lot of gumph, and a lot of redactions to make, so give me 30 mins or so.

[69Eyes]

,,

1st Cred Witness Statement.pdf

Supporting Documents.pdf

Application with T&Cs.pdf

Edited March 10, 2016 by 69Eyes
inserted twice by mistake