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Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE!!

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  • Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE!!

    I have spent some considerable time browsing the threads here, but it seems that every case is different.

    I would be extremely grateful if someone could advise me what to do next -

    I received a letter from IND stating they had bought my credit card debt from Bank Of Scotland, along with a statement of account, and notice of assignment. There was no Notices of Arrears, no terms and conditions, no Default Notice.

    14 days later they issued a Summons for £11,144.60 - the original debt of £9,271.62 plus interest and costs.

    The Pariculars Of Claim state -
    "The claimant is the Assignee of a debt from Bank Of Scotland plc. Notice of Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.
    And the Claimant Claims:
    Credit Card Account number ......................
    balance of 9,271.62 as of 4/8/09
    Interest under s69 of the county court Act 1984 at the rate of 8% a year from 4/8/09 to 22/0/11 of 1,582.98 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 2.03 AND costs."

    I realise I can defend the interest claim and will deal with with later!

    However, they only talked about a claim for the assigned debt - no mention of any other documents i.e. credit agreement.

    I have not sent any CCA requests.

    Should I sent them one now? Or should I send a CPR 31.14 request? Am confused as they did not refer to any documents in their Particulars of Claim....

    I want to get my defence right from the start - what should be my next move?

    P.S. I have acknowledged the claim requesting additional 14 days to prepare defence.
    Tags: None

  • #2
    Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

    Defend the claim denying you have received the Notice of Assignment and denying that they have complied as they allege with the Pre-Action Protocol.

    Then go on to defend the interest, whilst denying any liability to the Claimant as no liability to them has been established.

    Comment


    • #3
      Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

      concentraate on getting the defence in + correct, worry about any other requests later, while waiting for the claim to be listed

      Comment


      • #4
        Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

        Had you been sent a Default Notice by the Bank of Sotland?

        Comment


        • #5
          Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

          Hi Cleverclogs,

          No, have never received a Default Notice.

          I would be grateful for advice - should I send anything to IND?

          Comment


          • #6
            Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

            The reason I asked is that it may change the nature of your defence, as Harrison v Burke (All England Law Reports/1956/Volume 2 /W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 - attached) might apply.

            Such matters would be better answered by someone else, though.
            Attached Files

            Comment


            • #7
              Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

              Many thanks, very useful info.

              I am thinking I should send off a DSAR to Lloyds and a CPR 18 to the DCA - then I can at least mention this in my defence

              Comment


              • #8
                Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

                An SAR may take 40 days to arrive - which is time you do not have.

                Comment


                • #9
                  Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

                  Yes I realise this - I have 20 days till my defence is due, so am thinking I'll concentrate on that for now. Will post some thoughts over the coming days.

                  Comment


                  • #10
                    Re: Summons received from IND Ltd for Bank Of Scotland credit card - NEED HELP PLEASE

                    After browsing the threads - here's my effort at a defence. Any comments welcome........

                    Comment

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