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Arrow/? claimform - old HBOS Card was stayed now Lifting Application for SJ


jack21
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Hi

 

I received a claim form last year with regard to an apparent arrow global debt I owe.

The debt was bought from a halifax credit card.

 

I did a CCA and CPR request to them straight away.

 

There was then a stay on proceedings while they got the relevant documentation together.

 

They have now submitted a notice of application to get the stay lifted and for summary judgement to be made against me.

 

However they do not appear to attached terms and conditions to the credit agreement,

just something entitled 'Key Financial Information'.

Please see attached document.

 

They have also not supplied a copy of the default notice, just a computer database entry of it.

 

I am going to base a defence on the fact they have not complied with the CCA request, due to the missing terms and conditions.

So have not complied with section 78 of the CCA.

 

Also that they have not supplied a copy of the default notice,

therefor cannot prove that a compliant default notice has been served,

pursuant to sections 87 and 88 of the CCA.

 

Please could you have a look at the three attachments and let me know what you think.

credit agreement,

terms and conditions(supposed),

and default notice database entry.

 

Thanks

CCA return.pdf

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Thanks for that fkofilee,

 

I will be posting a statement of of case and witness statement shortly. Which have not been requested by the court, but I feel will help in the hearing in terms of getting the draft order for a default judgement thrown out.

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Write to them:

a) noting that they say they have applied to have the stay lifted (don't comment on this, just note the fact),

b) advising them that

i: you have a realistic prospect of a defence (CPR 24(2)ii)

ii: which give rise to issues that need to be decided at trial (CPR 24(2)iii)

and that this leads to no realistic prospect of them being granted summary judgment.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24#24.2

 

Given this you will oppose any attempt to obtain summary judgment, on those grounds, and seek your costs when you successfully oppose their application for summary judgment.

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are you SURE they HAVE paid the Fee and submitted to lift the stay and its NOT willy waving?

 

can we see their letters please

 

that CCa return is a load of ole bull!

 

 

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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Hi Jack responding to your PM.

 

If you could get their application notice and witness statement uploaded (redacted) and then we will advise from there.

 

Has the court informed you of a hearing date (Order) or has the above come direct from the claimant ?

 

Andy

We could do with some help from you.

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Hi

 

Thanks for this. I was just wondering if it would be a good idea to send a witness statement outlining my defence before the hearing. Or do I just need to turn up and explain that the CCA is non-compliant as is the default notice.

 

Attached are:

 

1.Hearing Notice from the court

2.Application Notice

3.Draft Order

4.Witness statement

Application+WS.pdf

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always put multi docs into ONE multipage pdf

i'll do it for you this time

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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You will be submitting a witness statement in response...thats the process...but only once I have had chance to read the uploads.:wink:

 

Thats why I asked for them to be posted

 

If we could also have the details of the claim.....particulars of claim and date of claim and a copy of your defence submitted.

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 OTHER

 

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This was the defence I submitted using the money claim online site. After I sent the CPR and CCA request, the next thing I heard from the court was notice of there application for a lift on the stay.

 

See particulars and defence below :

 

---------

 

Summons Date 11/08/2016

 

Particulars of Claim

 

 

1.The claimant's claim is for the sum of £15xx.xx being monies

due from the defendant to the claimant under a regulated

agreement between the defendant and HBOS plc (No.

xxxxxxxxxxxx) and assigned to the claimant on 08/10/2010,

notice of which has been provided to the defendant.

 

2.The defendant failed to make payment in accordance with the

terms of the agreement and a default notice has been served

pursuant to the Consumer Credit Act 1974.

 

3.The claimant claims the sum of £15xx.xx.

 

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

conduct practice direction.

 

Defence

 

1 The Defendant contends that the particulars of 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.

 

2. Paragraph 1 is noted. I have had financial dealings with HBOS

in the past but do not recall the alleged agreement or debt with

any precision. I have therefore requested clarification by way of

a CPR 31.14 request and a section 78 request, the claimant has

yet to comply with my Credit Consumer Agreement request. I am

unaware of any legal assignment or Notice of Assignment

 

3. Paragraph 2 is denied I have not been served with a Default

Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied with regards to the Defendant owing any

monies to the Claimant the claimant has failed to provide any

evidence of assignment/balance/breach as requested by CPR

31.14/Section 78 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

6. On the alternative, if the Claimant is an assignee of a debt,

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.

 

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.

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There are no directions from the court on filing any documents, as I am guessing, this is just hearing for their application to have the stay lifted and potentially for the defence to be struck out.

 

So I was thinking it might not be necessary to provide a witness statement at this point, I just need to confirm to the court I will have reasonable grounds for a defence?

 

It would then go to another hearing for the case?

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There are no directions from the court on filing any documents, as I am guessing, this is just hearing for their application to have the stay lifted and potentially for the defence to be struck out.

 

So I was thinking it might not be necessary to provide a witness statement at this point, I just need to confirm to the court I will have reasonable grounds for a defence?

 

It would then go to another hearing for the case?

 

No its all dealt with on the 22nd July..only 1 hearing...I just need to study what you have uploaded and then will prepare you a suitable respond witness statement which you must file and serve not less than 7 days pre hearing.

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 OTHER

 

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Okay leave it with me now...probably this evening when I get chance to prepare it.

We could do with some help from you.

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Thanks Andy, do you want me to do a draft of what I was going to send in? Might save you some time.

 

It will need to be with the court and the claimant by Monday 17th

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Thanks Andy, do you want me to do a draft of what I was going to send in? Might save you some time.

 

It will need to be with the court and the claimant by Monday 17th

 

Yes please as I am not aware of the finer details of the dispute/debt.

We could do with some help from you.

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Hi

 

Here is a quick draft of what the witness statement will contain.

 

--------------------------------------

 

1. With reference to the claimant’s witness statement, points 2 and 15. The Claimant has failed to comply with the s.78 request sent on 10/09/2016. The Claimant has provided a copy of the agreement but has failed to provide the terms and conditions that the agreement was bound to. Specifically, in the document sent by the Claimant, entitled ‘Important Financial Information’, which was attached to the agreement, in point 1.2 there is reference to condition 8.2. However, the document does not contain any more conditions beyond 1.6 and is therefore incomplete.

 

2. With reference to the Claimant’s witness statement, point 16. It is disputed by the defendant that a default notice was issued. A copy of the default notice has not been provided by the claimant, instead a screenshot of a computer screen. This does not constitute proof that a default notice was sent to the Defendant, and if indeed a default notice was sent, there is no proof it was compliant with section 88 of the Consumer Credit Act.

 

3. As the claimant has failed to provide the terms and conditions associated with the credit agreement, they have failed to comply with section 78(1) of the CCA. Therefore section 78(6) shall apply (i.e. he is not entitled, while the default continues, to enforce the agreement).

 

4. As the claimant has failed to provide a copy of the default notice or that it was compliant under section 88 of the CCA. They are not entitled to take enforcement action on the said amount owed.

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Thanks Jack....I would have already drafted that in anyway....so nothing with regards to the actual debt...disputes etc ?

We could do with some help from you.

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The notice of the hearing is the 22nd June, which I received on the 26th June.

 

You mean hearing 22nd July ? and it must be filed 7 days before the hearing ..which means it has to go tomorrow..Sat at the latest

We could do with some help from you.

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The 22nd June is the date of the notice, the hearing date is 24th July.

 

Excellent allows a few more days..deadline Monday

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 OTHER

 

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They will need to receive it on Monday though. So will need to be posted Saturday.

 

Check for accuracy and add remove as necessary.

 

Regards

 

Andy

Jacks Witness statement.pdf

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 OTHER

 

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Brilliant. Thanks for this Andy.

 

There are couple of points that will need amending, only because you don't have the full details and documentation for the case.

 

Much appreciated.

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