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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive 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 and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which 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.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify 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.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   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.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Arrow/restons claimform - old LLoyds OD debt


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Help please.

I have received a CCJ claim pack from Rentons solicitors in regards to a apparant debt linked to a overdraft I have no knowledge of. I have answered the default questions below. Can someone please offer advice / assistance on what I should do now please. I have completed the Acknowledgment of service on the money claim website so the clock is ticking now.

 

Please help :-)

 

Name of the Claimant ? - Restons / Arrow Global re: Lloyds bank overdraft

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue : 04/04/2017

 

What is the claim for – the reason they have issued the claim? - The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Dec 30 1994 and assigned to the Claimant on Nov 20 2013

 

PARTICULARS a/c no xxxxxxxxxxxxx

 

DATE 10/02/2017

ITEM - Default Balance

VALUE - 4500

Post Refrl Cr - NIL

 

TOTAL - 4500

What is the value of the claim?

£4500

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Appears to be a overdraft for a account I have not used since 2011.

 

When did you enter into the original agreement before or after 2007?

Yes - appears to be Dec 30 1994

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Appears to be debt purchaser - Arrow Global Limited.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No - I have not received any documentation in regards to the debt - didn't know it existed before receiving the CCJ claim pack as I was working out of the country since February 2011

 

Did you receive a Default Notice from the original creditor?

No - Left the country in 2011 so have received no communication from Lloys of anyone in regards to this debt.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - As above - Nothing received.

 

Why did you cease payments? - Left the country - left account open but was completely unaware of any outstanding overdraft.

 

What was the date of your last payment? - Nothing paid into account or account even used since Feb 2011

 

Was there a dispute with the original creditor that remains unresolved? No dispute.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan - No communication at all ever had.

 

What you need to do now.

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts) -

 

This appears to be for a overdraft - shall I still send CCA ?

 

Thanks in advance for any advice guidance given.

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Site team will move to financial legal part of site.

 

Are you currently residing in the UK ?

 

Have you contacted Lloyds to get hold of statements ? If not you should do, as you need to know when last payment was made, why the debt is so much. It might be all interest and charges, with the correct debt amount being a lot less.

 

Suggest an urgent call to Lloyds to start getting hold of statements.

 

CCA might not be relevant.

 

But send CPR 31:14 letter to Restons asking for all documents mentioned in their particulars of claim.

We could do with some help from you.

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Hi UncleBulgaria - Thanks for immediate advice.

 

 

Yes I am now back living in the UK albeit in a differen't part and nothing linked to the old address so no Idea why this has come back to haunt me.

 

 

I haven't contacted Lloyds yet as was worried about what else might happen without some proper advice first.

 

 

I know I left the UK on February 3rd 2011 and know for certain I didn't make any payments after this date to any Lloyds account.

 

 

If this is all interest and charges, will these possibly be reduced if Lloyds sends me the statements ?

 

Drafting the CPR 31:14 now and will send this afternoon

- Do I need to include any fee to get this processed at this stage ?,

 

 

Does it have any bearing on the clicking clock to the CCJ date

- sorry for the questions but I have never been in this position before so just ensuring I am not missing anything.

 

Many Thanks in advance.

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You need copies of all statements from Lloyds to see what has happened. You might need to submit a subject access request and pick up all the statements from a local Lloyds branch. The quicker you get on to this, the better.

 

You might find that Lloyds failed to cancel a DD payment after you had instructed them. They have added excessive charges, by allowing the account to remain open for too long.

 

Did you advise Lloyds you were leaving the UK and gave then new contact details ?

We could do with some help from you.

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Hi - I have just got off the phone to Lloyds recovery unit and they have confirmed that they have sold this 'overdraft debt' and also a unknown ' Loan' to Arrow Limited to recover the debt.

 

They stated that as this has been sold,

they have no statements or details of the account or loan as this has been passed to Arrow.

 

I will draft another CPR 31:14 to Restons / Arrow for details of the Loan they have now also mentioned as it's only a matter of time before this one gets escalated to CCJ claim aswell I presume.

 

Is there anything else I should do whilst I am waiting for Arrow to send these details back,

By all accounts it appears this is a valid debt in which case I will have to pay it

- Should I contact Arrow directly to start negotioations or wait till the paperwork is sent back.

 

If I contacted Arrow and agreed a payment plan, would this stop the impending CCJ action or is this a unstaoppable force now .. ?

 

Thanks in advance for your assistance.

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wish people would stop recommending sending an sar when someone gets a claimform its totally pointless and will never be through in time to give any useful information

 

when you phoned Lloyds did you ask last payment date on the OD?

 

if you haven't paid anything since feb 11 then this could well be statute barred

and the loan the same.

 

have you ack'd the claim on the NCOL website yet?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When did the advice about SAR change ? Has always been to my knowledge just in case there is a hearing in say 3 months time. Yes it might not answer immediate questions on last date of payment.

 

Lloyds can't avoid requests for data made under the Data Protection Act, but they might try to avoid providing information not made under the DPA.

 

Of course CPR 31:14 might not be replied to until much later in the process and not help with a defence.

 

If this debt includes a loan and overdraft which have been added together, then i would suggest a CCA request to Arrows.

We could do with some help from you.

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  • 2 weeks later...

Quick update

- Having received some advice from the Citizens advice and having only today to input my defence,

 

I have entered a defence that this is a unknown and non acknowledged debt and even if this did exist, It would now be statute barred.

 

Will update thread when I get a response.

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for thread ref and the guys helping you here, what defence did you submit, verbatim (minus any identifiables)

IMO

:-):rant:

 

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This'll be good..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How much of the claim do you dispute?

 

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

 

No, for other reasons.

 

Defence

 

I Acknoledge no debt to Lloyds TSB.

I have had no contact with Lloyds TSB since January 2011.

If there was any debt, It would now be statute barred by the statute of limitations act 1980 Section 5

“an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The reason I know I have had no contact is that I left the country to work abroad on the 1st February 2011 and have had no contact with anyone in regards to any alledged debt.

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should kill it dead then..

 

 

they have 33 days to do

'something'

 

 

which I bet will be the std rectums willy waving letter regarding how special they are and can totally ignore a CPR 31:14 request because they already magically know its allocated to the small claims track

and the judge is their mate and will agree they don't need any paperwork at all to prove their claim.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi All - I have now received a response from Restons and would appreciate any advice on what I should do next. The letter received is as follows :

 

Dear Sir,

We note you have recently filed a defence to the court proceedings issued against you, whereby you state that previously left the country, have had no contact with Lloyds TSB since that time and therefore do admit any debt is owing to said company.

 

By way of explanation, Arrow global limited is a debt purchaser. We would advise that this is a simple debt recovvery action and the relevant facts are as follows:

 

1. The outstanding balance referred to in the particulars of claim refers to a banking facilitywith account number xxxxxxxxx. Our clients records indicate that the account was opened on or about the 30/12/1994.

 

2.Lloyds TSB should have sent statements of accounts to you on a monthly basis during the lifetime of the account. Such statements will have identified any payments made into and out of the account , as well as detailing the application of any contractual interest/charges and the outstanding balance;

 

3. You failed to maintain your account in line with the terms and conditions and accordingly, Lloyds TSB terminated the account;

 

4. In line witht he terms and conditions of the account, the original creditor had the contractual right of assignment. In other words, Lloyds TSB was entitled to transfer their rights and benefits under the account to a third party and that right was excercised on 20/11/2013. Around the time of the assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a notice of assignment from arrow global global limited.

 

In view of point 4 above and the monies outstanding in respect of your account are no longer owing to Lloyds TSB as said company relinquished its interest in respect of your account and the balance outstanding whenit assigned your account to the claimant. Furthermore, we fail to understand the logic behind your assertion that you deny the debt due to having received no contact from Lloyds TSB since you left the country. On that basis it would surely be expected that said company would not have been in the position to contact you, as you were no longer in the country/ residing at the address held on their file. In respect of this point , we note that you do not claim to have communicated this issue to the original creditor, nor do you claim that your account was settled before you left.

 

Finally, although you allege that the claim is statute barred, we note that you have provided no information / evidence of when you believe the limitation period commenced, nor have you provided any details of when you believe you made a payment towards the debt or when you last acknowledged your liability for the debt. Please note that merely claiming not to have received any contact for a period of 6 years or more, which as covered above was down to actions of you, does not render a debt statute barred. The information provided to this firm is that your account was not terminated until 2012 which means the cause of action in respect of this account accrued within 6 years prior to legal proceedings commencing and in itself would confirm that the debt is not statute barred. Furthermore, given the nature of the account which is the subject of these proceedings and as it does not apprear that said account was closed before you left the UK, it is sensible to assume that credits continued to be made to the account in your absence and again, this would mean the debt is not statute barred.

 

In view of the information set out in this letter, we do not believe your defence has any real prospect of success and we will therefore recomend to our client that a application be made to strike out the Defence and to enter a judgement against you for the full amount claimed, together with legal fees and costs. Should you wish to avoid these furtherr costs being incurred then we invite you to withdraw your defence by completing the enclosed Form N9A and returning it to this office within 14 days.

 

We await your response.

 

So what should I do no, they haven't provided and details about the account, debt, when last payment was made etc ( I know this was at least in January 2011). Any advice / guidance is gratefully received.

 

Thanks

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Its not for you to provide any evidence at this stage...its their claim its for them to prove its not statute barred...which they must do when it gets to that particular part of the process.

 

Fishing exercise for you to provide them with information as they dont have a clue what the history is or the debt in reality

 

Ignore.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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typically restons letter...

sent to intimidate and unsettle

 

 

ignore

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nothing...unless the claimant wishes to proceed on a statute barred claim.....if they do you will receive a Directions Questionnaire N180...until and if forget about it.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 months later...

Hi - Just wanted to update everyone.

 

I followed exactly what I was advised below and as stated, I have heard nothing since.

 

It's now been a couple of months - no letters, no more threats etc - What a relief.

 

As you are all no doubt aware,

this is very stressfull and I had many a missed nights sleep with worry but hoping thats now gone for good.

 

I just wanted to say a BIG thanks to everyone that took the time and energy to advise and assist

- Your all stars

 

Thanks Again

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lets hope it is then...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...
lets hope it is then...

 

All,

Unfortunately an update from Restons again

- they have just sent another letter saying they are sending the court a 'application notice and supporting evidence asking the court to deal with the application without a hearing as they do not consider a hearing neccesary.

 

Once this has been referred to a judge, he/she will then either make a judgement or consider if a hearing is necessary. Either way I should receive a order fromt he court in due course which confirms the decision made.

 

Can I please ask what I should do now

- Is this just Restons still flexing their muscles or do I need to anything to counter this application to the court ?

 

As always, you continued help on this matter is gratefully received.

 

Kind Regards,

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Application to lift the stay ? or lift the stay and strike out your defence / summary judgment...what order do they ask for on the N244?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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