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welshandproud

Idem claimform - lloyds mastercard

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eh?

 

idem reference your defence in their letter... 


please don't hit Quote...just type we know what we said earlier..

 

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sorry my defence was in post 35..

i've confused myself with it all.

 

so i just gotta sort mt paperwork out and put it in order, then sit back and hope they bail out.


Andy

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eh?

 

what have you done since april?

 

what did you do with the N180 the court sent you?

 

what does it say on the N157 the court sent you..?

 

we need to be fully updated...


please don't hit Quote...just type we know what we said earlier..

 

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i must admit that i'm really bad at anything like this?

is there anything else i must do?

 

 

 


Andy

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not redacted removed .

 

what about page 2 

anything there the says the defendant must by …..???


please don't hit Quote...just type we know what we said earlier..

 

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So ws exchange by 14 days before hearing

If they pay the fee by 3rd jan


please don't hit Quote...just type we know what we said earlier..

 

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their sols if they are using one.

 

post up gere first mind

and try not to leave it till the day before please..😁

 

whats the hearing date


please don't hit Quote...just type we know what we said earlier..

 

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Doesn't say that they are using a sols, got a name of a litigation officer at bottom of page 2, so I'll address it to him? 

Plus a copy to the court?

The date is set for the 31st of January. 


Andy

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3 hours ago, welshandproud said:

i've now edited all my details, i hope..

cant see any where that says the defendant must by?

edit-merged.pdf 1.52 MB · 2 downloads

 

 

From your upload page 6......points 6 and 9  and 10.


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Morning Guys i checked with the court this morning, and they've paid the fees, so off to court i go on the 31st of this month, to say i'm bricking it is an under statement..

I've still not had a true singed copy of the T&Cs, just 2 differant ones both with the wrong address on them, and no Default notice , to which the admit they dont have it..

what paperwork do i need to take to court? and do i have to send it to both of them again before the 14 days?

 

here is my Defence, this is what i sent off to the courts and idem on the 7/4/19. any pointers would be a great help.

1. 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 is specific response has not been made.

2. Paragraph 1 is noted I have in the past had financial dealings with Lloyds.That being a Loan Agreement and a Current Account with overdraft facility,neither of which had a credit limit to the value the claimant purports to be allegedly outstanding.I do not recall the precise details of the agreements but do recall it was on or about 1998.I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.

3. Paragraph 2 is noted but denied as I have never been served with a Notice of Assignment pursuant to sec 136 of the Law of Property Act 1925.

4. Paragraph 3 is noted but given the claimant is and remains in default of a section 77 and unable to provide a copy of the agreements and terms and conditions its pleadings are irrelevant and unsubstantiated. 

5. Paragraph 5 is denied for the reasons stated in my point 2.The original creditor could not possibly serve a valid Default Notice for the alleged agreement referred to as the alleged debt is a combined amalgamated amount from a Loan Agreement and Current Account Overdraft.Therefore the claimant is put to strict proof to disclose and evidence the service of a Default Notice pursuant to sec87(1) of the CCA1974 for the fixed loan content and also a Notice served under Sections 76(1) and 98(1) of the CCA1974 for the Current Account Overdraft content.


6.Notwithstanding the above, requests for information pursuant to the consumer credit Act 1974 (section 77) and CPR 31.14 were made. A Section 77 request was sent on 27/11/2018, and shows as received 28/11/2018. A CPR 31.14 request was sent 27/11/2018 and shows as received 28/11/2018. The claimant has still not complied to my Section 77 request, but in a previous letter dated 13/12/2017 the claimant acknowledged they were unable to supply a copy of the agreement and acknowledged until they could do so the agreement cannot be enforced. The claimant has yet to comply to my CPR 31.14 request.


Therefore the claimant is put to strict proof to:

(A) show how the Defendant has entered into agreement/s ; and
(B) show how the Defendant has reached the amount claimed for and provide evidence of credit limits: and
(C) evidence any nature of breach and show service of a Default Notice and Notice served under Sections 76(1) and 98(1) of the CCA 1974. Notice of Sums in arrears pursuant to the CCA 1974
(D) show how the claimant has the legal right, either under statute or equity to issue a claim.

7. As per 
Civil Procedurelink3.gif Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, if the Claimant is an assignee of a debt as alleged 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 of the Consumer Credit Act 1974.

9. 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.


Andy

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what paperwork do i need to take to court? and do i have to send it to both of them again before the 14 days?

 

Read your upload post #59 above page 6......points 6 and 9  and 10. must be completed by you.


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Hello there. I was in the position as your self with idem. A link is provided to my thread for you below. Please have a read and any information you can use from it to help you

 I compiled a witness statement with the help of Andy and DX. If you look at post 99

there is an attachment with a witness statement another cagger used (kindly provided by Andy), and post 100 is the witness statement. 
I am sure you will find enough information to suit your situation.

 

hope this helps and good luck

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Hi there again.

I have been reading your thread and have a couple of points to ask, I am not sure if they are of any relevance ( maybe Andy or DX can give their opinions)

 

On POST 11 when asked what is the debt for, you put CREDIT CARD,  then in POST 35 for your defence you requested a CCA section 78 credit card.

 

But then in POST 62 your defence is for an overdraft facility and loan amount. 
 

 

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many thanx for your link to your post, 

at the time i had many accounts with Lloyds, but not knowing what account these guys had got.

 

Morning while sort through paperwork i found 4 CC statements that idem sent to me, but they also said that they've sent all the account copys to me dated 12/2004, 01/2005, 10/2010 and  11/2010

 

i've done the witness statement this morning is this ok?

 

Witness Statement 

 

In The *******County Court

 

Claim No. *********

 

**************Claimant and *************** Defendant

 

 

I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. I accept I have in the past had financial dealings with Lloyds Bank. I do not recall the precise details of the agreements but do recall it was on or about the year 2004/5.

 

4. I had been paying regular monthly payments via Step Change a debt management company up until 11/06/2018, I ceased payments once the debt management company terminated my case due to being with them for 8 years and my payments not increasing.

 

5. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.

 

 

(EXHIBIT 1)

 

7 A Section 77 request was sent on 25/01/2019 via royal mail signed for and shows as received on the 28/01/2019. The claimant to date has failed to comply to my Section 77 request in full.

 

The Claimant acknowledged by letter dated 08/02/2019 stating to have executed a copy of credit agreement and statement of account

 

(EXHIBIT 2)

 

8.The claimant claims that a Default Notice was issued in 2010 but has not provided a Default Notice

 

(EXHIBIT 3)

 

9.The claimant provided a copy of account sale agreement for the sale of debts.

 

This paper works has no name address or account number on it.

 

(EXHIBIT 4)

 

10. This claim bought by the claimant is I believe without merit and an abuse of court  process.

 

The claimant holds no valid documentation that can substantiate their claim this being:-

 

·  No Termination Notice

·  No signed and dated Credit agreement

·  No valid default Notice

·  A Reconstituted Notice of assignment

 

It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

11. I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce.

 

Having regard to the above it is respectfully requested that the claimants application is denied.

 

I believe that the that the facts stated in the witness state are true

 

Signed.

 

Dated.


 


Andy

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4. I had been paying regular monthly payments via Step Change a debt management company up until 11/06/2018, I ceased payments once the debt management company terminated my case due to being with them for 8 years and my payments not increasing.

 

 

Debt decreasing ?

 

Quote

Having regard to the above it is respectfully requested that the claimants application is denied.

 

 

What application ? They have not made any applications .

 

Andy


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the debt was decreasing but only by a small amount each year, there was about 6 different accounts on the step change managment..

 

i'll take the applications bit out.


Andy

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And amend "  and my payments not increasing. " to " my Debt not decreasing "


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On 24/01/2019 at 16:30, welshandproud said:

4) D failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay the sums due, which consequently become immediately due and payable. Formal Demand issued 10/01/19.

the claimant - a debt buyer cannot issue a DN.

 

there is no account number in the poc, they haven't a clue what type of debt hey are litigating over.

 

have you received the claimants WS?

 

what date is the hearing

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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18 minutes ago, Andyorch said:

And amend "  and my payments not increasing. " to " my Debt not decreasing "

the debt was decreasing but only by small amount each year..

it was step change that wanted me to increase payments, but i could not afford to increase payments, then they dropped me.


Andy

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the debt is for a CC the sent me copys of 4 CC statements dated 12/2004, 01/2005, 10/2010 and  11/2010

the hearing is the 31st of this month

 


Andy

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The statement s are not on the oc's headed paperwork but from an idem system?

have you since the claim was issued received any paperwork proving its a card??


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The  statements are on Lloyds paperwork.

about 8 weeks ago in form of statements but only 4 of them.


Andy

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sent before they issued the claimform..??

to date they have sent no paperwork whatsoever back in reply to your CCA nor CPR requests.

they have not yet filed their witness statement which must inc such evidence.

 

yours is due Friday 17th.


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