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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed 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. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement 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 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  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. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice 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:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs 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 Santander Bank. It is denied that I am indebted for any alleged balance claimed.   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 crediticon 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 Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement 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 Demand /Recall Notice and Notice of Assignment.  (c) 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.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   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.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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jack21

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

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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


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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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.


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

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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.


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


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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.


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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 ?


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No, apart from the fact they have not sent regular statement of account, i.e. every 12 months.

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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


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

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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


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

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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


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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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