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    • Updated, in bold, my apologies.   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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I have had past financial dealing with HBOS but I do not recognise any details of the agreement number referenced. The Claimant fails state what type of credit this agreement relates to in their vague particulars of claim.    3. On receipt of the claim form, the Defendant sent on date 28 August 2020 a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. 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.    8. 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.
    • I would suggest a couple of extra bits -   Dear Sirs please note that in July 2019 I lived at xxxxx but my current address is xxxxx. I would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error. On the day in question payment was made via the RingGo app according to the enclosed receipt.   A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.   The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.   No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.   Their records should be updated accordingly.  If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.   Your client have suffered no loss for which to pursue me.  I'm sure you're aware of the term “de minimis”. I also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error. I could do with financing a winter holiday so if your client wishes to proceed to court with this matter I shall enjoy obtaining a full costs order for unreasonable behaviour under CPR27.14(2)(g). Regards COPIED TO Premier Park Ltd.   As you've never told Premier Park your new address it's not impossible that they might try to resurrect this claim in future and send the court papers to your old address and you'd know nowt about it.  Another reason for also sending the letter to Premier Park is that this fleecing isn't confined to PPC v motorist, unscrupulous solicitors are quite willing to start court action even though they know their client will lose to get the £££ in. I've also been a bit more abusive to show them you're not frightened of their threats 😉      
    • Hi all   On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states:    The particulars of the claim are:  THE CLAIMANT CLAIMS THE WHOLE OF THE         OUTSTANDING BALANCE DUE AND PAYABLE UNDER AN AGREEMENT REFERENCED 4929107********  AND    OPENED EFFECTIVE FROM XX/XX/2000. THE        AGREEMENT IS REGULATED BY THE CONSUMER       CREDIT ACT 1974, WAS SIGNED BY THE DEFENDANT AND FROM WHICH CREDIT WAS EXTENDED TO THE    DEFENDANT. THE DEFENDANT FAILED TO MAKE      PAYMENT AS REQUIRED AND BY **/12/2015 A      DEFAULT WAS RECORDED. AS AT 30/09/2016 THE   DEFENDANT OWED BARCLAYCARD PLC THE SUM OF    809046. BY AN AGREEMENT IN WRITING THE       BENEFIT OF THE DEBT HAS BEEN LEGALLY         ASSIGNED TO THE CLAIMANT EFFECTIVE           30/09/2016 AND MADE REGULAR UPON THE         CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER. AND THE    CLAIMANT CLAIMS- 1. 81**** 2. INTEREST       PURSUANT TO SECTION 69 COUNTY COURT ACT      (1984) AT A RATE OF 8 % PER ANNUM FROM       30/09/2016 TO 14/02/2020 OF 208571 AND       THEREAFTER AT A DAILY RATE OF 171 TO DATE OF JUDGMENT OR SOONER PAYMENT. DATE 14/02/2020                                                 The claimant details are:  ASSET LINK CAPITAL (NO5)  LIMITED   The claim amount details are:   Amount Claimed  £10***.17 Court Fee  £457.93 Solicitor Costs  £100.00 Total     £10***.10   The claimant solicitors’ details are:   KEARNS SOLICITORS BRECON HOUSE 3 CAERPHILLY BUSINESS PARK CAERPHILLY CF83 3GQ Telephone: 0292 0808668 Reference: 4929107***********   I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything.   The CCJ was obtained by default after they wrote to my old address.   Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'.  As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable.   It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000)   I stopped payments at the time of sending the CCA.   I haven't made any payments since (though I appreciate it's not SB)   I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence'   I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015?  If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time?   My goal is to try and keep any application to set aside simple..    Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation?   Thanks in advance!    
    • Good afternoon Everyone,    Im new here and was advised to come here to try to help get some answers!   I recently received a letter from Lowell about some debt that is roughly 5 years old now.    It’s for EDF energy and capital one credit card both on the same claim form?   im not sure it’s even a legit claim form but how would I know?   I just don’t know what to do about it ? Ignore it or contact them?   thank you all In advance.     
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Hoist Claim Form - TSB Lloyd trustcard Credit Card debt *** Claim Discontinued ***


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An update of sorts. 

I haven't heard anything since submitting my "Formal Defence" on 12th Dec. 

Logged into MCOL to see if there was any update - nothing showing there. 

 

Is it down to me to ring court (generally 20+ min wait on phone!) or just wait?

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No depth or detail needed. Just give it the appropriate heading, details of the claim, etc... and state something like:   "Further to the Order of the Court, dated _________, requiring the C

yes it can be used by the lower courts BUT ...as SR said, it's [p'haps] relevant.....   i added p'hap's as you need to point out it's not in your case, the date of your agreement pre dates c

Assuming the court does not dispense with Notice of Allocation then yes....a witness statement will have to be submitted at a later stage (after allocation) so even though its a formal defence some po

did you get a  letter from the court acknowledging your defence submission.?

 

dx

 

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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This was a second defence submitted manually...you dont get an acknowledgment from the court...next order should be allocation.

We could do with some help from you.

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  • 2 weeks later...

Still nothing in the post, over nine weeks now since the deadline for producing my "formal defence".

Getting slightly worried that something's gone amiss and I'm half expecting a CCJ in the post. 

 

I have twice tried to phone the court and have been no.36 in the queue and just now no.44 in the queue. 

I thought contacting the tax office was bad. 

How are we supposed to get help or find out info if this is the way our court system works?

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Before Deputy District Judge xxxxx sitting at the County Court at xxxxxx."

 

IT IS ORDERED THAT

 

1. By no later than 4pm on 12th December 2019 the Defendant shall file a formal defence to the claim"

 

Which Court issued the Order above ?

Which court are you trying to ring?

Possibly they have discontinued their claim on receipt of your defence ?

 

Andy

We could do with some help from you.

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My local court issued the order and that is who I am trying to call. Tried again and I was 68 in the queue!! So still not found out. Obviously normally I'd expect the next step to be witness statements but it would appear we have both more or less done that. Just wondering whether something's got lost in post. Even with Christmas it's been a long time

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Is there no chance you can call in in person ?

We could do with some help from you.

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Thanks for the responses Andy. 

Yes, I was able to call into the court in person - but not overly helpful - first being told to call the number I had been calling (and being an average of no.50 in the queue) and then eventually being given an email address by the court usher - I have emailed them and got an auto response stating a response within 10 working days. 

 

I do consider it quite a long delay since the deadline for providing the "Formal Defence" - but I know that sometimes process can be a bit slow. 

 

Thanks again.

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Ridiculous isn't it...so he wasn't able to check the claim number on the courts system to tell you the status ...i suppose that would be too easy.

 

I doesn't take 9 weeks...something is seriously amiss here...hopefully it is discontinuance and they have failed to inform you.

We could do with some help from you.

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Court usher was a woman and no she said she did not have access to the court system - well actually I think she said she "wasn't able to provide that info to me" - so probably was able to access but advised not to provide this info to public. 

 

I haven't heard anything from the claimant either - so not all bad. 

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  • 2 months later...

A long awaited update - I assume the courts were closed due to Covid-19 - but my case has now been allocated to my local court for August. 

 

And before I go on, I do hope everyone on here is safe and well (as can be). 

 

This is on the assumption that the claimant pays the court fee before mid-July. 

 

Assumed case will take "no longer than 3 hours". 

 

Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 28 May. 

 

From my point of view, I assume that will just be a copy of my witness statement/particularised defence. 

 

Any advice at this stage please?

Is it just a case of sending the copies of the details to date to other party and court? 

Should I be coming up with anything new at this stage?

 

Sorry - I know it's been a while and I'm not expecting the helpful experts on here to remember the details

- the last requirement from my point of view was to send a formal defence to the claim (which more or less took the form of a WS)

 

- the claimant had already produced a WS despite the court not explicitly requiring one

- so that's where we're at

- my formal defence/WS rebutted their "original t&c" partly based on the reference to pin numbers

- which were not a feature of credit cards at the date of the original agreement. 

 

Thanks for reading and any help at this stage greatly appreciated.

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  • 2 weeks later...

Responding to your PM.

 

Yes your standard disclosure will consist of your statement and any document referred to in either your initial defence or statement...CCA request/response CPR 31.14 request /response etc etc......

 

Andy 

We could do with some help from you.

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Yes and a set to the court by the date stated.

We could do with some help from you.

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Just got an email from the solicitors

- not sure whether they will have sent copy in Royal Mail too

- just stating that they will be relying on the evidence in their "premature" WS produced back in October last year. 

 

This is the WS that I based my formal defence/Witness statement on .

 

assuming they pay their fee by July,

and the case goes ahead in August,

it will be a simple case of persuading the judge that their lack of credit agreement and default notice are enough to win me the case?

 

Sit and wait

 

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  • 1 month later...

Update!!! 

 

Email received from solicitors (well I was cc'd in on an email to the Court)

 

Notice of Discontinuance,

 

Does this mean it's a "Success" and no more to be heard?

 

Or potentially they could find the correct paperwork and start a new claim?

 

But, for the moment, I am happy.

 

Thanks for the help and guidance on this thread.

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Well done! This is more than likely the end of it, but you should check with the court at some stage that they've officially discontinued.

 

They can still chase you for the debt, and they might, but you can just ignore. If they were to issue proceedings again, you can refer to this case in your submissions - it won't reflect very well on them if their case is similar to this time. The chances of them trying again are probably slim though.

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Doing a quick Google search on discontinuance, I note something about "paying the defendant's costs"

 

Am I pushing my luck in chasing this up?

 

As for the contribution - that's a given

 

1 hour ago, shamrocker said:

Well done! This is more than likely the end of it, but you should check with the court at some stage that they've officially discontinued.

 

They can still chase you for the debt, and they might, but you can just ignore. If they were to issue proceedings again, you can refer to this case in your submissions - it won't reflect very well on them if their case is similar to this time. The chances of them trying again are probably slim though.

 


The email was to the local court where the claim was to be heard in August; they had until some date in July to pay the fee for continuing with the proceedings. 

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  • dx100uk changed the title to Hoist Claim Form - TSB Lloyd trustcard Credit Card debt **DISCONTINUED**

it was only a matter of time before they realised you were not a mug and they had a lemon debt.

as 99% of these old card debts are.

 

please consider a donation to keep us here for you and others.

 

title updated

 

dx

 

 

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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3 hours ago, barafear799 said:

Doing a quick Google search on discontinuance, I note something about "paying the defendant's costs"

 

Am I pushing my luck in chasing this up?

 

As for the contribution - that's a given

 

 


The email was to the local court where the claim was to be heard in August; they had until some date in July to pay the fee for continuing with the proceedings. 

 

 

Great news...thread title amended.

 

CPR 38.6 does not apply to small claims track ...so no you cant claim costs.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • Andyorch changed the title to Hoist Claim Form - TSB Lloyd trustcard Credit Card debt *** Claim Discontinued ***

Cheers. I thought it might not be relevant. 

I'm glad that they have "seen sense" - but it's still quite stressful that the situation got this far. 

I even offered to "negotiate" with them (as instructed by the court) but heard nothing from them

 

 

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