Cabot/Restons claimform - LLoyds debt, stayed/lifted twice - now theyve appealed!!***Claim Discontinued***

[kafkabee]

The claim was made/issued July 2015.

[AndyOrch]

So not statute barred......5 years 11 months and not allowing for 3 months for the cause of action.

[kafkabee]

Yes that's what I thought.

[kafkabee]

Ok well I have all the bank statements for the period in question and no payments were made to Lloyds or Cabot from my account.

 

So obviously I would need to enter the statements into evidence.

 

Am I permitted to provide suitably redacted statements showing only debit entries and dates of those transactions?

[dx100uk]

what ive done in the past is redact almost everything as you don't want the dca seeing other stuff.

and I left in the details of any like sums or payment 1 week before or around the supposed dates of the payments

 

 

I kept a complete unredacted set with me for the judge if he wanted to see them

[kafkabee]

Ok thanks dx.

 

I’d be grateful for any help and advice in preparing my amended defence.

 

I’m posting the POC here with the Order dated 29 June 2017 and the Order dated 24 August 2017 which allows the Claimant to amend the POC to alter the pleaded date of assignment to 3 August 2012.

 

POC

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 Apr 30 2007 and assigned

to the Claimant on Apr 13 2015

 

PARTICULARS a/c no XXXXXXXXXXXX

 

DATE ITEM VALUE

16/06/2015 Default Balance 26405.04

Post Refri Cr NIL

 

 

TOTAL 26405.04

GFOJ.pdf

[dx100uk]

due 6th october

[kafkabee]

Here's the Claimant's WS:

GFOJ+Claimant WS.pdf

[dx100uk]

is 8 i true?

[kafkabee]

No.

[dx100uk]

have we an upload of the defence you filed too please?

[kafkabee]

I think so - it wasn't a detailed defence. But the claim was stayed for 18 months. I didn't file a WS statement before the application for summary judgement - I had been advised that there was no requirement for the defendant to serve a defence in advance of an application for summary judgement. So this is like the beginning again. It's now that I need to answer all their points in more detail.

[dx100uk]

ok not sure if andy will want it but might be best to post it up

 

 

I've updated your earlier post with everything in one pdf now

[kafkabee]

Thanks dx.

 

Question - now this is going to fast track trial do I have to file a witness statement in addition to an amended defence or are they the same thing?

[dx100uk]

they are not the same thing no

 

 

have they disclosed the DN?

got thru the attachment in post 85 and give us a list of the DJ's directions and what they have so far complied with

[kafkabee]

No they haven't disclosed a DN.

 

I uploaded both orders post 81.

[dx100uk]

yea sorry post 81

 

 

so list the orders and what they have/not complied with

then we can advise further

 

 

dx

[AndyOrch]

Standard disclosure by list (N265) by 4.00pm 20th October

 

Exchange of disclosures by 4.00pm 27th October

 

Witness statements by 4.00pm 17th November.

 

Andy

[kafkabee]

Is a Defendant witness statement procedurally mandatory? Or does the judge have to specifically order it?

[kafkabee]

Although the Order directs "The Defendant shall file at court and serve on the Claimant an amended defence ...", I don't think I'm being directed to submit a witness statement.

 

Andy could you clarify this for me please?

[AndyOrch]

Points 8 & 9 on the Courts Directions in your uploads post #83...pages 2 & 3 of your PDF

[kafkabee]

Ah yes, thanks, so file and serve defence by 6 October and file and serve witness statement by 17 November.

[kafkabee]

I know it's a way off but obviously I've started drafting an amended defence.

 

Andy would you take a look at my amended defence and give me any pointers and further advice please.

 

DEFENCE

 

 

Further to the defence dated 12 August 2015 submitted through CCBC and further to the Court’s Orders dated 19 June 2017 and 24 August 2017 in which the Claimant was ordered to file and serve further particularised particulars of claim. 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.

 

1. The Claimant’s statement regarding the original debt is noted. The Defendant has had financial dealings with Lloyds TSB in the past but does not recall the precise details or the agreement and has sought verification from the Claimant by way of a CCA section 77 request in November 2013 which has not been complied with.

 

2. The Claimant’s statement regarding the Claimant’s Case Management System being a true record of the account is denied. The Defendant does not accept that the documentation filed at court by the Claimant is a true record of the account.

 

3. The Claimant’s statement regarding the assignation of the debt is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served on the Defendant by Lloyds TSB on or around 3 August 2012.

 

4. The Claimant’s statement regarding computer screenshots from the Original Creditor’s System is denied.

 

5. The Claimant’s statement regarding a Transaction Log from the Claimant’s system, showing credits and debits applied to the account between 25 August 2012 and 24 August 2015 is denied. The Defendant is unaware of any payments made to any account which is related to and/or supported by the Claimant’s Transaction Log.

 

6. The Claimant’s statement that the last payment credited to the account was on 21 November 2014 is denied.

 

7. The Claimant’s statement regarding the outstanding balance is denied.

 

8. The Claimant’s statement regarding FOS having no bearing on its Claim is denied.

 

9. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(i) show how the Defendant has entered into an agreement

(ii) show and evidence any cause of action and service of a Default Notice

(iii) show how the Defendant has reached the amount claimed for

(iv) show and evidence how the Claimant has the legal right, either under statute or equity to issue a claim

 

10. In accordance with Civil Procedure Rule 16.5(4), the Claimant is required to prove the allegation that money is owed to it by the Defendant.

 

11. On the alternative, as 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 82 A of the Consumer Credit Act 1974.

 

12. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Ah yes, thanks, so file and serve defence by 6 October and file and serve witness statement by 17 November.

 

And standard disclosure .....Standard disclosure by list (N265) by 4.00pm 20th October

 

Exchange of disclosures by 4.00pm 27th October

 

Will run through your amended defence later today

[kafkabee]

Thanks Andy.