Arrow/Shoosmiths claimform -Halifax OD Court Claim form Received

[BonM]

This time done in notepad and plain text! bloody hell, this is stressful! haha

Thank you for your help guys, am learning!

 

The Particulars

 

1. The claimants claim is for the sum of £863.28 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account with HBOSplc.

 

2.The debt was assigned to the claimant on 20 November 2013 and notice of assignment provided to the defendant, pursuant to the Law of property Act 1925.

 

3. Payment of the above sum has been requested, but as at the date hereof refused. The claimant claims the sum of £863.28

 

4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

 

 

The 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 HBOS. It is denied that I am indebted for any alleged balance claimed.Any alleged amount claimed could only consist in the main 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.

 

2.Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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.

 

3. Paragraph 3 is denied. The claimant fails to state on what legal grounds it can request payment given that I have never been served notice pursuant to 76(1) and 98(1) of the CCA1974

 

4. Paragraph 4 is denied.The claimant has not complied or attempted to comply with the pre-action conduct practice direction

 

5. As per Civil Procedure Rule 16.5(4), 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 the agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide the Notice served under 76(1) and 98(1) of the CCA1974 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 by either disclosing the Notice or Deed of Assignment pursuant to the Law of Property Act 1925

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

 

6. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 30th June 2017 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

7. 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.

Edited July 26, 2017 by Andyorch
Edited.

[dx100uk]

thread tidied

dx

[AndyOrch]

Edited...please check it over for accuracy.

 

Andy

[BonM]

It wouldn't let me and I was double checking rather than just assuming. Thank you Andy!

 

 

Now final question! haha.

 

 

The last date to file defence is 28th, Should I wait until 28th, or check if the response to the CPR comes in the post tomorrow, then if it doesn't, file the defence tomorrow? What would you suggest?

[AndyOrch]

You wont get a response...file tomorrow

[BonM]

Will do, thanks Andy

[BonM]

Defence filed. Now I wait, what should I expect next to happen?

[dx100uk]

hopefully nothing

they [the fleecers] now have 33 days to do something else the claim gets autostayed

[BonM]

ok should I note 33 days from now and then check the status on MCOL and revert back then, unless I hear from the courts prior to this obviously?

[dx100uk]

MCOL wont change upon stay

 

 

the court will now write or email you

stating they have sent the fleecers a copy of your defence

 

 

from that date it is deemed that 5 days on they have received it

they then have 28days to respond

if they don't it gets autostayed.

[BonM]

ok thanks. so if it gets autostayed, and I hear nothing in 33 days time. I should make an application to have it struck out?

[dx100uk]

otherway around, it gets autostayed after 33 days.

no you cant get it struck out

[BonM]

ok. So if it does get auto stayed. What happens then? nothing, it just hangs there?.. Trying to understand.

[dx100uk]

correct

then if the fleecers do want to move it forward they will have to pay out more for fees to lift the stay.

you really should be reading other like threads.

CAG is self-help too remember....

[BonM]

Thanks dx. I am reading quite a few in the legal success section too. I just wanted to get clarification / peace of mind really. Makes sense now thank you.

[BonM]

Not had a response yet and doubt I will as 30th August will be the 33 days so currently looking liken it will be stayed.

 

Should Arrow still be sharing defaults every month on my credit file and also they changed the amount on the credit file to now include the court fees etc. Is this correct and is there anything I can do about this?

[dx100uk]

sharing defaults?

you mean marking the calendar section

 

doesn't matter doesnt effect your score

 

the OC already defaulted you 6yrs is already ticking

 

well yes ofcourse the fleecers will add the fees to the balance

doesn't hurt you

 

and doesn't mean they'll get the money either..

[BonM]

Thanks dx

[BonM]

ok I have the SAR info for this.

 

So far I can see the following information.

 

Date HBOS closed the account 04/01/2012

 

Account Overdraft was only £100 limit

 

They have the bank account application form made with my sig and date on it but nothing else.

 

No default notice,

no notice of assignment,

no prescribed terms

or agreement with overdraft facility mentioned.

 

 

The application form does mention services offered only and mentions the overdraft facility here,

but it does not mention how much and the T&C's of that facility or anything whatsoever included in the SAR info supplied.

 

If there is anything else I should be specifically looking for, please let me know and I will.

[dx100uk]

good well forewarned about what the fleecers might or might not get ahold of is a good heads up for you

 

 

and ofcourse, if they produce fake stuff claiming its from the OC's files.

 

 

I doubt you'll hear anything more

it'll remain stayed I bet...

[AndyOrch]

What is the value of the claim? £863.28

 

Account Overdraft was only £100 limit