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Particular Of claim 1. By an agreement between Lloyds Banking Group & the defendant on or around 13/05/2003 (“the agreement”) Lloyds Banking Group agreed to loan the defendant monies. 2. The defendant did not pay the instalments as they fell due. The agreement was terminated following service of a default notice. 3. The agreement was assigned to the claimant. 4. THE CLAIMANT THEREFORE CLAIMS: 1) £8704.42 2) COSTS Defence The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made. 1.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 admitted that the claimant has sent details of a current account with an unknown account number but has no connection to this this claim or alleged debt. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the details of alleged debt the claimant refers to nor have they referred to any account number within its particulars. I have therefore sought clarity from the claimant and requested further in formation which at this time they failed to comply to my request. 3. Paragraph 2 is noted. However, as above the alleged debt is still unknown and further I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974. 4.Paragraph 3 is noted. As above as the debt is unknown its immaterial and I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925. 5. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant has failed to comply with either requests and in particular my section 77 request and provide a valid copy of the agreement and therefore remains in default of my request and is prevented from enforcing the agreement they wish to rely on. 7. It is therefore not accepted 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 how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 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. 1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant. 2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974. -
the court should have written to you acknowledging your defence filing? dx -
thanks, will do. For some reason, I can't delete the first attachment -
2 posts hidden docx files contain all your pers details in file properties/info just post them here as plain copy and paste text next time. or PDF don't use docx. dx
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Yes that’s correct. A secured loan not a mortgage. thanks for confirming original creditors don’t do court. But if they pass debts to a collection agency, can they apply for a CCJ by default as I’m overseas and then apply for a charging order against the property?
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jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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