Arrows/Restons claimform - 1996 Midland Bank OD - was paying them then moved

[hadagutsfull]

Andy.

l can see from the other posts in the forum that you are extremely busy

however I wondered if you had had anymore thoughts on how my defence could be "sharpened".

 

 

The reason I ask is that I was informed by post this morning that I am to undergo a medical procedure on Monday which is likely to take me out of the picture for several days meaning that I need to get my defence in by Sunday night to be sure of meeting my defence deadline.

 

 

I'm sure I must have shot a albatross in an earlier life and sorry to be a PITA but would appreciate your assistance if you can find the time.

[AndyOrch]

The above reads more like a credit card defence......take a look at the following and edit to suit your particulars...

 

 

Defence

 

1. Paragraph 1,I accept that I have held a current account with Lloyds Bank Plc. I have not serviced this account since 2009 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2.Paragraph 2 is denied I do not admit to breaching the facility nor receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

 

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

4. 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, 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.

© 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.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 7th July 2014. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

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.

[hadagutsfull]

I have tried to match the particulars of claim. Can one of you experienced cadgers please give it the once over before I submit?

 

Particulars of Claim

 

1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC Bank dated on or about [redacted]

 

2. And assigned to the Claimant on [redacted] 2011.

 

Particulars a/c [redacted]

 

DATE - [redacted] 2017

ITEM - Default Balance

VALUE - £[redacted]

Post Refrl Cr - NIL

 

TOTAL - £[redacted]

 

Defence

 

1. Paragraph 1, I accept that I have held a current account with HSBC Bank. I was unable to service this account due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate and the account was subsequently closed by HSBC Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2. Paragraph 2 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

3. 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, 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.

© 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.

 

4. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request to the claimants representative(s) Restons Solicitors Limited , who acknowledged receipt of the request in writing on the [redacted] 2017. The claimants representative(s) have dismissed any obligation to provide the requested documents. Therefore the claimants representatives in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

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.

[hadagutsfull]

Looks like it's submit as is then. I guess I need to head up the defence with the particulars of the claim in order for the the numbering of the paragraphs in the defence to make sense. Is this standard practise?

[dx100uk]

Not due till by 4pm Tuesday

You don't file the Red bits

Simply for your ref...

[hadagutsfull]

Should I still number the paragraphs?

I'm having to file early as I am in hospital tomorrow and cannot be certain that I will be in a state to deal with anything for a few days.

[dx100uk]

as far as I can see its ok

if andy pops up

p'haps he'll check it.

[Guest]

Should I still number the paragraphs? .

yours, yes