Cabot/Mortimer claimform - old 2003 Lloyds Loan -stayed - Now n244 to lift stay-Summary Judgment

[AndyOrch]

CCA request for loans are section 77 not section 78.....and you will have to mention that they served an invalid PAP with no connection to the their court claim.

 

Andy

[AndyOrch]

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.

 

 

 

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[AndyOrch]

Have a read of concluded topics in our Legal Success Forum...then you will be familiar with the process and what comes next.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

[AndyOrch]

A quick glance the agreement looks good....although covering the dates does not help. With regards to your second upload.....its just a list of documents...can you upload them ?

[AndyOrch]

Let me check your list again....

 

Default Notice/Notice of Assignment and Statement of Account please.

[AndyOrch]

Default Note screenshot.....useless.

Statement of Account not original creditors been recreated.

Notice of assignment is a new template with the details added

 

None of the above are originals.

[AndyOrch]

I wondered when you would post the threat of lifting the stay and apply for summary judgment...so wait until /if they do wish to make application.....the court will inform you

[AndyOrch]

Now why would you want to give them the heads up ?  Do you want them to find the originals? 

[AndyOrch]

Well if they do its not the end of the world ...you can still challenge it.

 

 

 

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[AndyOrch]

Stamped received by CCBC Northampton 3rd Feb so this is happening. MCOL does not show when applications are made but inform you manually with a copy of the application and witness statement and a hearing date.

 

Scan redact and upload a copy of their statement and chase CCBC up for a copy of the Transfer of proceedings (which will be to your local county court).

 

Once you know the date of the hearing you can submit your own statement in response to their application which must be filed and served not les than 7 days pre hearing.

 

Andy

[AndyOrch]

If the second agreement consolidated the first and repaid the initial then the second agreement takes preference. 

[AndyOrch]

file (Court) and serve (Claimants Sol) the statement and any documents relied upon and referred to in the statement ( exhibits) hardcopies /email (if accepted) or both

[AndyOrch]

I will have a look tomorrow and post you an example statement to oppose Summary Judgment...

[AndyOrch]

Here is an example of how a statement should be formatted in response to this type of application. You can replace the reference to strike out with oppose the lifting of the stay /summary Judgment and remove references to strike out.

 

Also the statement of truth as since been updated so replace that also with the updated version

 

WS (2) SJSO.pdf

 

 

Post your final draft here for checking

 

Andy

[AndyOrch]

At a glance it looks fine...is there anything in particular you are not sure about..?  Your statement of truth is now out of date you need to update this with the new CPR version.

 

Andy

[AndyOrch]

If you are in agreement with a paragraph and it renders nothing detrimental to your case I normally just respond with paragraph x is noted. 

[AndyOrch]

Have we got a copy of the CCA here on your topic ?

[AndyOrch]

Ah yes I see responded at the time you posted...unfortunately its a good one...so yes I would refrain in your conclusion with regards the CCA and replace with the DN and sections 87/88

[AndyOrch]

Conclusion

 

In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply and disclose a copy of the Default Notice pursuant to sec 87 and sec 88 of the CCA 1974 that service or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety.

 

Just a few tweaks yes attach your exhibit's numbered then file with the court and serve on the Solicitor..retain a copy for your file.

 

[AndyOrch]

I just mark it on the statement after the paragraph (see exhibit xx)  and mark the same number on the exhibit 

[AndyOrch]

why do you intend to reply...standard procedure to serve notice of costs pre hearing .

 

 

 

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[AndyOrch]

Costs are normally determined at the conclusion of a claim but because this is an application for Summary Judgment its standard for the claimant submit its costs incurred by the application. But you will see they have included their total costs of which £410 issuance and £ 100 Sols fee are already on the claim form so if they get judgment that will auto be included in the judgment make sure that's not duplicated.

 

Its your choice if you wish to submit costs in defending the application and claim

[AndyOrch]

Also if their application is dismissed...then so are the costs incurred for the Summary Judgment hearing.

[AndyOrch]

Refer to your witness statement and if needs be draft a short skeleton argument for your use to refer to any bullitt points.

 

 

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[AndyOrch]

Difficult to say really ...you have to read and anticipate how the context goes and then counter..that's the art of arguing in litigation and why Barristers/Sols get big bucks.