Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

[AndyOrch]

Hi...

 

Okay so now they have disclosed their documents and discontinued part of the claim as to only claim one credit card...the claim is still currently stayed.They will have to make application to lift the stay and provide good reason why its been stayed so long.

 

Assuming you decline to submit an admittance and withdraw your defence then do nothing now until the court advises they have made application and that a court hearing date has been set.

 

You cant do anything until they make the application with fee and submit further evidence in support of lifting the stay.

 

Regards

 

Andy

[Orchid47]

Hi Andy

Surely they will just say to Court its taken 2 years to get the information, and the Court will say ok then?

Is the date thing you mentioned an issue or not?

Am I stuffed?

[AndyOrch]

Do you consider two years reasonable if it was you issuing a claim ?

 

Its not a showstopper...I have seen claims stay lifted after 4/5/ years.....with good reason and it wasn't just down to document retrievement.

 

I have not looked at the documents in detail yet.....let me go through them and get back to you before you make your decision.

[Orchid47]

TY

[Orchid47]

Sorry to hassle you Andy, just wondered if you have had time yet?

[AndyOrch]

Orchid could you re upload just the card agreement and relevant docs for the they are claiming.Please dont blank out dates.

 

Andy

[Orchid47]

Andy I have just looked at the documents I scanned in as above Post #46, and it looks like Page 13 and 14 are from another credit card. Please can you delete these two pages from above

 

It looks like its just the Access Application Form Page 11 that has a date covered on it, so I'll rescan this and attach it

 

The others all have the dates on them, and their original letter that they just sent me I hand typed out

 

Re other relevant docs, these are all attached on #post46

 

Is there something I have forgotten?

[AndyOrch]

I cant delete sections...I can unapprove the full upload and you can repost/upload everything in connection to the credit card remaining.

[Orchid47]

Attached rescanned Access Application with date

[dx100uk]

multipage PDF please so we can zoom!!

[AndyOrch]

Is that only document they have disclosed to the agreement now claimed Orchid ?

 

T&Cs..Notice of Assignment and Default Notice ?

[Orchid47]

No, sorry I hadn't read your message earlier about re uploading them. I'll do it now

[Orchid47]

Attached combined files again Andy

Thank you

Let me know if I have forgotten anything?

combined_docs.pdf

[AndyOrch]

And this was applied for in Oct 1993 and they are suppose to be the terms and conditions of the agreement ?

 

The rest are are just templates Notice of Assignment re dated.

 

The last document is irrelevant as its from Lowells own Sinclair Spectrum ZX accounting system and has no connection to the LLoyds account.

 

 

Andy

[Orchid47]

Ok, thanks for looking at them Andy

Are the T's and C's good or bad then?

Shall I sit tight and see what happens then?

[AndyOrch]

Was there an annual £12 charge for using this card ?

 

Nothing in the T&Cs with regards to defaulting ?

 

T&Cs look suspect.

[Orchid47]

No annual fee Andy

[AndyOrch]

Then they are not your T&Cs in connection with the agreement being claimed......and remain in default of your section 78 request.

[Orchid47]

OMG !!

 

I'll keep you posted

 

Thank you Andy

[Orchid47]

I have been away working for a week and returned to find a large pack of papers have arrived (they arrived a week ago when I wasn't around)

Ratoons have written

We enclose by way of service a copy of our Application Notice and supporting evidence which has been filed with the Court today. We have asked the Court to deal with the Application without a hearing as we do not consider a hearing is necessary. Once this has been referred to a Judge, he or she shuld then either make an Order in the Terms requested or they may decide that the Application needs to be considered at hearing. Either way, you should receive an Order from the Court in due course which confirms the decision made

[Orchid47]

The Application is asking the Court to

1. Lift the stay on these proceedings; and

2. Strike out the Defence pursuant to the CPR 3:4 (2) of the Civil Proceedure Rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the Court process; and

3. Enter Judgement for the sum of 11416.51

[AndyOrch]

Have they attached a witness statement in support Orchid ?

[dx100uk]

have they fully supplied the agreement etc etc now and its enforceable?

pretty much std tactics for restons

[Orchid47]

On a Continuation Sheet they have added

Alternatively, if the Court is not minded to deal with this Application on an ex-parte basis, the Claimant seeks an order:

1. To lift the stay on these proceedings and

2. To strike out the Defence pursuant to CPR 3:4 (2) of the Civil Procedure Rules on the basis that it discloses no reasonable grounds for defending the claim and /or is an abuse of the Court process; or

3. In the alternative to (2) above. an order for Summary Judgement against the Defendant under Part24.2 of the Civil Proceedure Rules. The Defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the case should be disposed of at a trial, and

4. That the defendant do pay the Claimants costs on a contractual (indemnity) basis pursuant to CPR 44.5

[Orchid47]

They have sent me a Witness Statement dated 19th Feb 19, they have commented on my Defence in this statement and replied to every point and one of the points even says

I respectfully point out to the Court that a number of paragraphs of the Defence are of a format that is circulated on consumer-based websites whereby debtors are encouraged to raise certain issues in order to avoid repayment of their debts

They go on to say

I acknowledge that these proceedings have been stayed since Oct 2016. Following receipt of the Defence my firm made the decision to allow the Claim to become stayed automatically so that attempts could be made to obtain documentation from the Original Creditor and try to resolve matters amicably with the defendant in order to avoid the need for litigation to continue.

However, as those attempts have been unsuccessful I respectfully ask the Court to now lift the Stay

I also respectfully ask the Court to strike out the Defence blah blah blah

Do you want me to scan this doc in?