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    • Hello Everyone   I would like some advice of when I should submit my defence to the court. The Claim form I received was dated 23/09/2021, however it didn't actually arrive with me until the 27/09/2021. I haven't received any response from LC Asset as of yet to my CCA Request and only what I would call stalling letter from Kearns as mentioned above on the 07/10/2021 to the CPR31:14 request.   I have also listed below a 1st draft of my defence and would appreciate any help and advice or suggested inclusions or amendments.   1, Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 4. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request. 5,It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (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 Civil Procedure 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 82A 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.   Thank you in advance of any help offered    
    • Hello  Like most on here have got myself into a pickle and having been giving different advice by stepchange and payplan on which route to take am coming here for advice.   I work from home (Job is secure for now but with covid / brexit it could change in a years time), have around £14k of debt and bank with natwest (I have just opened a very basic account with another bank so I can get my wages paid into it).   Debts: Natwest Loan  / £3,407,03 left to pay / Currently paying £197pm (Have just missed 1 payment and now using breathing space for 30 days) Argos store card / £2,018.67 left to pay / Currently paying £86pm Capital One card 1 / £508 left to pay / Currently paying £50pm Capital One card 2 / £2,950 left to pay / Currently paying £212pm Aqua card / £3,600 left to pay / Currently paying £212pm Studio24 / £152 left to pay / Currently paying £40pm Very / £1,315 left to pay / Currently paying £100   Then I have other expenses (Rent 575, council tax £175, Utilities £175  etc) am just left with £80 and that is just by paying the bare minimum.    What would you advise ?  
    • please stop using reported posts now.   only post here in this thread in a new msg box.   i think you will find it matters little what evidence you have , you have too sadly wait a week or 2 for them to release the account.   i see you have read numerous like  threads by other people, so you should know this by now.  
    • Hey! I think I just got some good news. So letters were sent out yesterday morning special delivery to both home address and office. It must have arrived today. He phoned me up and wants to make a payment. Apologized that it has taken this long and it wasn't resolved sooner.  I am sure he would have paid, but as I understand their accounts team is horrible. Well, the letter of action definitely has moved this forward fast enough!   I will keep you updated once I receive the payment!   Thank you all ever so much once again! 
    • hi, I have a similar issue to others, managed to get so far but now could do with a little help please.   Old Student loan first one from 1995 - 4 in total, sold to Erudio, dont think I deferred with Erudio at all CCJ issued last year to old address.   Requested DSAR to SLC, Erudio and successfully stopped warrant of control and hold on account. awaiting correct dates and information.   Sent request to set aside and they responded saying not 6 years, default from Erudio starts clock and under 6 years.   Have CCJ Judgement from court but not claim form yet.   thanks    
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Rp1978 vs LloydsTSB...NEED HELP WITH COURT PROCEEDINGS


rp1978
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Hi

 

Please can someone help me out. I have followed all the instructions on this site, and have proceeded to court. I have paid for the initial court fee of £120 then this was moved to my local court and I have had to send another £100. Thinking that all was in order I have received a letter from the court today stating the following:

 

"IT IS ORDERED THAT:

 

1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitue compliance)

 

The claimant must amend or substitute its particulars of the claim setting out the claimant's case in plain english by 4pm on the 20th April 2007 and in default, the claim be struck out without further notice.

 

If the above order is complied with tthe defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain english.

 

2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed."

 

Can someone please advise of the best course of action.

 

Many thanks in anticipation...

 

RP

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Hi RP

 

Dont panic too much! As Michael and niklowe say, some courts are a bit nit-picky about the POC.:confused:

 

Can you post up your exact details of your POC please?

 

I'll have this thread moved to the LLoyds forum so you can get more help.

 

:)

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Hi

 

Thanks for the posts, it is actually St Albans court. The fully detailed response is excellent thanks. I had originally used...

 

Particulars of claim (online form)

 

I have a contract with Lloyds TSB Bank PLC,conducted on their standard terms andconditions. I am claiming return of money taken by the defendant in the way of charges over the last 6 years, totaling

£2337. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a

disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (23/1/01) to (1/2/07) of £398.47

and also interest at the same rate up to thedate of judgment or earlier payment at a daily rate of 8%. Thus a total of 2735.47.

 

and then with the allocation questionnaire tfe following...

 

Other Information

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not complicated, it is an issue of fact and not law. The issue is only whether the money levied by the defendant in respect of contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the defendent did not counterclaim for these, because i would have paid them without arguement.

However, the continuing problem is that the banks refuse to reveal the details of their penalty charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Is their request for a plain English statement reasonable?

 

Many thanks

 

RP

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It does'nt matter whether me, you, 130,000 members of CAG, or anyone else for that matter thinks its reasonable or not. The court have ordered you to do it - so you must do it. The consequences of not doing so are clearly set out in the order.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi

 

Thanks for the responses, I dont know where I'd be without this site. I have drafted an amended particulars of claim as per the link to Jordash vs. Barclays. I am ready to send back to the courts, my question is should I also send a copy to Lloyds sols, they do have a copy of the original POC and schedule of charges. Or is it just the court that need the amended version

 

Regards

 

RP

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