Hoist/? claimform - old LLoyds Overdraft debt ***Claim Discontinued***

[mercyblue]

The debt has been assigned in this thread MB...they can only claim it from the date of ownership..the above is with regards to the OC making a claim.

 

Well it wasn't in my case which you posted on. There can only be one cause of action.

[mercyblue]

To quote yourself Andy from my thread

 

"It is generally accepted from the cause of action.....

 

http://www.legislation.gov.uk/ukpga/1984/28/section/69

 

Regards

 

Andy"

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?461605-Won-Vs-Marlin-(HSBC)-Claim-Dismissed-no-cca/page3

 

Generally accepted yes.....there is no reference to assigned debts in the above legislation....simply the claimant.There are other factors to consider though MB...date of assignment.. whether interest continued to accrue...type of debt...etc and whether section 69 would or should be restricted....so there is no one case fits all and should be challenged on a case by case.

[mercyblue]

http://www.consumeractiongroup.co.uk/forum/showthread.php?461605-Won-Vs-Marlin-(HSBC)-Claim-Dismissed-no-cca/page3

 

Generally accepted yes.....there is no reference to assigned debts in the above legislation....simply the claimant.There are other factors to consider though MB...date of assignment.. whether interest continued to accrue...type of debt...etc and whether section 69 would or should be restricted....so there is no one case fits all and should be challenged on a case by case.

 

Certainly agree with that Andy. Personally I would suggest that s69 interest was envisaged to compensate the claimant for been deprived of the original capital. Clearly if you have bought the debt you cannot have been deprived of any capital quite the opposite in fact.

[woo14]

Hi Andy,

Any thoughts on the addition to my defence challenging the section 69 interest?

Thank you,

Sara

[AndyOrch]

I will get back to you this evening woo.

 

Andy

[woo14]

Brilliant, thank you so much!

[AndyOrch]

Particulars of Claim

 

1.This claim is for the sum of £3340.85 in respect of monies owing pursuant to an overdraft facility under bank account no. *************

 

2.The debt was legally assigned by MKDP LLP (Ex Lloyds banking group) to the claimant and noticed has been served.

 

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

 

The claimant claims

 

1. the sum of £3340.85

2. Interest pursuant to s69 of the county courticon act 1984 at a rate of 8.00 percent from the 6/09/11 to the date hereof 1857 days is the sum of £1359.70

3. future interest accruing at the daily rate of £ .73

4. costs

What is the value of the claim? £4965.55

 

 

 

Defence

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Lloyds Banking Group PLC....who closed the account on 01/09/11. It is denied that I am indebted for the alleged balance claimed.

 

2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.Therefore their claim to section 69 interest is also denied. Dated 6/9/11 the alleged date of assignment which coincidentally is the same date that LLoyds allege the default/termination date was dated which infers that the account was defaulted and terminated and assigned on the same day and not allowing the statutory period to rectify any breach pursuant to Notice served under 76(1) and 98(1) of the CCA1974.

 

3. Paragraph 3 is denied. I have never been contacted or requested by Lloyd's Banking Group PLC or the Claimant to pay any alleged overdrawn sums.

 

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected 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.

 

Therefore the claimant is put to strict proof to:-.

 

(a) Provide a copy of the overdraft facility agreement 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 Deafult/Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

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

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

 

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

 

5.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.

[woo14]

Ah that's fantastic Andy, thank you so much for your help! It's very much appreciated I can assure you!

Shall I just copy and paste it? The 33rd day is Saturday so when should I submit it?

Thanks again!

[Guest]

Shall I just copy and paste it? The 33rd day is Saturday so when should I submit it?

Thanks again!

not the red bit. submit the defence.

submit when you're ready, and the guys have ok'd.

[AndyOrch]

Tomorrow is your deadline...by 4,00pm

[woo14]

All done

Any timelines or expectations on what will happen next in your experience?

Thank you so much

[dx100uk]

thought you might have already know this as you've done oodles' of research I see

they have 28 days else it gets stayed

[woo14]

Hi!

my defence was submitted on the 10/11 and processed on the 11/11.

 

When does the 33 days start?

 

Also if they decide to pursue the claim will this information be available to view on MCOL?

 

Or do I have to wait for the post?

 

Thank you ��

[dx100uk]

the day you file

 

so its stayed

 

now if they wish to proceed

they will have to pay extra fees.

 

the court will write if they do anything

 

the claimant may willy wave with various letters

post here if you get any before doing anything.

[woo14]

Hi all and merry Christmas!

 

It appears my issue is not over..

I have received a notice of allocation to the small claims track, dated 16th December.

 

This is obviously after the stayed date?

What do I do now?

Many thanks again

[dx100uk]

Do As it says on the pack

[AndyOrch]

Hi all and merry Christmas!

 

It appears my issue is not over..

I have received a notice of allocation to the small claims track, dated 16th December.

 

This is obviously after the stayed date?

What do I do now?

Many thanks again

 

You must read and follow the directions when you receive the next part of the process ...Notice of Allocation, as set out by the court and serve the requested (standard disclosure and witness statement) by the dates stated.....post if you are unsure of anything.

 

Andy

[woo14]

So do I check the mediation box? Do I need to photocopy the form and send it to the claimants solicitor too?

Thanks

 

The only form I have been given to fill out is the N180

 

Also I just realised the other day, that the account in question was a joint account.. Does this make any difference?

Thanks

[dx100uk]

yes to mediation

yes send a copy to claimant sols

yes keep a copy too.

 

 

if the other account holder is not named

can you check with them if they've got a claim too?

dx

[AndyOrch]

So do I check the mediation box? Do I need to photocopy the form and send it to the claimants solicitor too?

Thanks You can download a spare from our Legal Library and complete on screen and print...looks far more professional.

 

The only form I have been given to fill out is the N180 Thats all you require at this stage....then the Notice of Allocation will follow if the claimants complete their N180

Also I just realised the other day, that the account in question was a joint account.. Does this make any difference? No....creditors can claim against either or both parties subject to a joint and several agreement

Thanks

 

Andy

[woo14]

Great thanks again for your help!

[woo14]

Hi, I sent the forms via special delivery today, but realised that they won't be delivered until Tuesday 3rd (my deadline) is this ok?

Totally forgot about the bank holiday!

Thanks

[woo14]

Hi,

I've spoken to the mediation team and apparently they've said that this case is unsuitable for mediation as I haven't received the paperwork I requested.

Is this standard procedure and what happens next?

Thank you

[dx100uk]

twill be allocated to track.

 

 

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