Cabot/Restons claimform - old Halifax Credit card - fraud use+Poss SBd

[AndyOrch]

In their 31:14 response they said that it does not apply to claims made online and they said I would have had all the contract terms and agreement when I opened the account so no reason why they should provide an additional copy.

 

Yes we see that statement on every Restons thread...but it does apply after you submit your defence.....when they have to disclose all the original documents to proceed.

[Yani P]

Just one more query. Will that defence statement 2 posts up suffice for entry tomorrow or does it need to contain more detail about my overall defence? Not done one of these before so no idea if it covers all the requirements.

Edited September 21, 2017 by Yani P

[AndyOrch]

Is that their particulars...verbatim...you have not removed anything...account number etc etc....?

 

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 Halifax dated on or about Sept 17 2003, and assigned to the claimant on July 18 2014. To the value of £xxx.xx

[Yani P]

Is that their particulars...verbatim...you have not removed anything...account number etc etc....?

 

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 Halifax dated on or about Sept 17 2003, and assigned to the claimant on July 18 2014. To the value of £xxx.xx

 

sorry there is more under that just looked a little jumbled -

PARTICULARS a/c number (number listed)

Date 12/11/14 ITEM default balance VALUE £xxxx

Post Refrl Cr NIL

 

 

(I didnt add them to the defence as didnt see that detail in the version I lifted from another thread)

[dx100uk]

ok is that number 16 digits?

dx

[Yani P]

ok is that number 16 digits?

dx

 

It is - I assumed it was the account number

[dx100uk]

great so def a credit card claim then.

 

 

dx

[Yani P]

All - seriously thanks very much for taking the time to help - much appreciated. I will send the following (cut from above where you have kindly added the various pieces). I guess for now this is all I have to do as pretty blind on next steps without the proof from them of dates of last payments etc etc. I have added an extra line or two from their 31:14 response as they state that the particulars of the claim give enough information.

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

 

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 Halifax dated on or about Sept 17 2003, and assigned to the claimant on July 18 2014. To the value of £xxx.xx

 

PARTICULARS a/c number (number listed)

Date 12/11/14 ITEM default balance VALUE £xxxx

Post Refrl Cr NIL

 

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.

 

Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. Furthermore, a CCA Requesticon sent on 5/9/17 has still not been responded to.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; 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.

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. 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 crediticon Act 1974.

 

In their 31:14 response it suggests that it does not apply to claims made online as no opportunity to attach documents, and they also stated that I would have had all the contract terms and agreement when I opened the account so no reason why they should provide an additional copy. They also state that the Particulars of the Claim (quoted above) contains sufficient information in order for me to understand what the Claim relates to.

[AndyOrch]

Would it not be wise to state this is a fraudulent account and is a case if identity theft?

[Yani P]

Would it not be wise to state this is a fraudulent account and is a case if identity theft?

 

I didnt know whether that would be something for the future (ie if they prove that this isnt SB?) I didnt know if I should put that in as well but can easily add that something like:

 

I also believe that this account is likely to have been subject to some fraudulent usage as I had my identity stolen, and had raised concerns with Halifax that this account may have been subject to fraudulent activity.

[AndyOrch]

Did you initially open this account in your name ?

[Yani P]

Yes this was certainly my account - I believe I have not had any activity on it for well over 6 years in the first instance.

 

I had my identity stolen and raised concerns on various accounts I held that some of the transactions were fraudulent usage. These concerns were basically ignored.

 

So not challenging that it was my account, more the potential of it being SB and the reasons why there were issues in the first place.

[AndyOrch]

Okay and you have retained copies of this activity that you sent to halifax ...? Roughly how much would you equate to any possible fraudulent use ?

[Yani P]

I dont think I hold any of the original documentation or correspondence.

 

I tried asking Halifax for any copies of account detail and/or correspondence but they could not even locate the account according to the people I spoke to (hence my call to the ICO).

 

I think a sizeable lump of this debt is probably interest as they kept loading it up even when I was in dispute querying the possible frauds.

 

I did report the fraud to the police at the time and have it acknowledged as identity theft by the police (as other accounts were affected as will as DVLA activity).

 

If I submit the statement a few posts up I am happy to add a paragraph about potential fraud on the account and identity theft. Do I need to call out all potential issues in this initial defence?

 

My question is do I do this now as could be SB?

If they prove it is not SB (even though I believe it is)

could I still then raise the issues with fraud/identity theft in the future?

 

I have submitted

- lets see what comes back

- I mentioned the fraud/stolen identity as an extra paragraph whilst stressing I firmly believe this to be SB but have not received any documentation in advance of my defence submission..

 

Thanks to all who have helped here so far

- much appreciated and I will be making a donation to this site..

[AndyOrch]

If I submit the statement a few posts up I am happy to add a paragraph about potential fraud on the account and identity theft. Do I need to call out all potential issues in this initial defence?

 

My question is do I do this now as could be SB? If they prove it is not SB (even though I believe it is) could I still then raise the issues with fraud/identity theft in the future?

 

Yes...once your defence is submitted the claimant has 33 days to notify the court if they wish to proceed..if they do you will be submitting standard disclosure (evidence) and a witness statement in which you can particularise your defence further.

 

 

Andy

[Yani P]

Had a letter from Restons at the end it stated..

we are aware of your request made persuant to S77/78 of the CCA 1974,

we respectfully point out that non-compliance with such a request only renders the account unenforceable until such time that the request has been complied with. It does not mean that the claimant is unable to recover the debt indefinitely.

 

In any event we have been instructed to place the account on hold.

 

 

Once documentation has been received it will be forwarded to you.

 

 

Please bear in mind this can take some time.

[dx100uk]

well if the claim gets auto stayed

matters not what they sent ....

unless they pay to lift the stay

usual BS from rectums.

 

 

NO CCA NO PAY ...fleecers!!

[AndyOrch]

Please bear in mind this can take some time.

 

Take as long as you wish