Intrum (1st Credt)/DWF SPC OD Court Claim - Old HBOS OD - Calling OC to Court?

[AndyOrch]

Order dated 17th Feb....21 days is today...but when did you receive the order ?

 

Andy

[AndyOrch]

Sure....Ill take a look tomorrow....then you can finalise it.

[AndyOrch]

On 06/03/2021 at 22:37, salkirwi said:

Good evening DX100

 

Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.

 

Defendant Statement of Position in Response to the Order of the Sheriff

 

1. The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account.
2. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review)
3. The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account.
4. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account.
5. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time.
6. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment.
7. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can.
8. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges .
9. It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is 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.

              c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.

              d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.

              e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  

 

10.   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.

 

Looking through your topic now......rather confusing......is this a loan or an overdraft facility ?

 

Andy

[AndyOrch]

I will provide you with an amended  Statement of Position  in the morning......please do not submit the  above.

 

Andy

[AndyOrch]

Statement of Position..pdf

 

 

 

[AndyOrch]

I would also send a copy to the claimant....but get the courts away as a priority now.