Court Claim

[Blurb]

Particulars of Claim received: “Monies due under current account facility **/**. The Claimant’s claim is for thebalance outstanding under this facility provided by***** to the Defendant. It was a term of the Bankaccount that any debit balance would be repayable by theDefendant in full on demand. The Defendant has failed to repay the amount due following the service of a demand. The debt was assigned to the Claimant. The claimant therefore claims 1. ***.** 2. Costs”

 

What do they mean by 'demand' in this context? Is it a legal document? This is for an overdraft debt.

[dx100uk]

please complete this :

 

 

 

[Blurb]

 

Name of the Claimant ? 

 

Date of issue – . 3 july, I have already submitted a defence and the claim is stayed

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.Monies due under current account facility .

 

2.The Claimant’s claim is for the balance outstanding under this facility provided by …. to the Defendant.

 

3. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand.

 

3.The Defendant has failed to repay the amount due following the service of a demand. The debt was assigned to the Claimant. The claimant therefore claims 1 ***.** 2 Costs

 

What is the total value of the claim? 12k
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no
 

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Businessbank current acc overdraft
 

When did you enter into the original agreement before or after April 2007 ? current acc opened before 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? branch
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes
 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Requested CCA, response was that it was unenforceable but that they were getting more info, I stopped paying, then 6 months later I received a letter of Claim which I didn’t identify as such and missed the deadline. Then I received the Court Claim.
 

What was the date of your last payment? Mid 2020
 

Was there a dispute with the original creditor that remains unresolved? no
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Communicated financial problems, offered £1 per month. Bank then terminated my account, I paid them £1 per month from 2011 to 2014. Then debt was assigned
 

Edited November 5, 2021 by dx100uk
formatting

[dx100uk]

interesting there is no CCA for a current A/C OD.

 

who is the claimant please.

and who was the original creditor?

and note your corrected defence date.

 

 

[Blurb]

Noted, thanks.

 

What do they mean by 'service of a demand' in the Particulars of Claim? Is it a legal document and would it have been served by the original creditor?

[dx100uk]

 (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice

 

 

[AndyOrch]

Quote

 I have already submitted a defence and the claim is stayed

 

Could you please redact and upload a copy of the defence you submitted.

 

Andy