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£3.2k seems like a big amount for an overdraft. Does the account number on that notice of assignment mean anything to you - is it the old bank account number as far as you know ?
From the letters they have sent, and that Notice of Assignment, the claimant don't seem to be aware what the debt actually is for. Normally if it were an overdraft they'd reply saying the CCA request doesn't apply.
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WORK IN PROGRESS....
DEFENCE
I received the claim xxxxxx from the Northampton County Court Business Centre on 18/01/18.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
It is admitted that the Defendant has had dealings with Lloyds Bank in the past including for provision of credit.
However, the Claimants statement of case fails to give adequate information to enable me to identify the account on which this claim is based. The Claimant fails to state when the agreement was entered into or the type of account, only that the agreement is regulated.
In any event the Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.
The Claimants statement of case states that the account was assigned from Lloyds Banking Group to Arrow Global on 29/06/2017. The Defendant does not recall receiving notice of this assignment.
It is denied that Lloyds Banking Group served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
On the 20/01/2018, in order to find out more information, the Defendant sent to the Claimant a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14. The Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
The Defendant has only provided a copy of a Notice of Assignment. This Notice is from the Claimant, no notice was received from the original Creditor Lloyds Bank. The Notice states that the account was opened in July 2007 and gives an account number of which the Defendant is unable to relate to any account she held in the past.
On the 20/01/2018 I sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s 77 / 78 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
On xx/xx/xxxx the Defendant sent a Subject Access Request pursuant to the Data Protection Act 1998 to Lloyds Bank to try and find out where the Claimant's claim has arisen. The bank were unable to locate any details for me and despite providing full personal and historical information have not yet provided any details of accounts to enable me to assess my position regarding this claim.
The Defendant is concerned that many unfair charges may have been added onto any debt that may have been owed as the amount being claimed is not recognised. Therefore it is imperative that the Claimant provides copies of transaction lists and details of the account to enable the Defendant to fully plead their case.
The Defendant has asked the Claimant if they may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
The Defendant request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
From the letters they have sent, and that Notice of Assignment, the claimant don't seem to be aware what the debt actually is for. Normally if it were an overdraft they'd reply saying the CCA request doesn't apply.
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WORK IN PROGRESS....
DEFENCE
I received the claim xxxxxx from the Northampton County Court Business Centre on 18/01/18.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
It is admitted that the Defendant has had dealings with Lloyds Bank in the past including for provision of credit.
However, the Claimants statement of case fails to give adequate information to enable me to identify the account on which this claim is based. The Claimant fails to state when the agreement was entered into or the type of account, only that the agreement is regulated.
In any event the Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.
The Claimants statement of case states that the account was assigned from Lloyds Banking Group to Arrow Global on 29/06/2017. The Defendant does not recall receiving notice of this assignment.
It is denied that Lloyds Banking Group served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
On the 20/01/2018, in order to find out more information, the Defendant sent to the Claimant a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14. The Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
The Defendant has only provided a copy of a Notice of Assignment. This Notice is from the Claimant, no notice was received from the original Creditor Lloyds Bank. The Notice states that the account was opened in July 2007 and gives an account number of which the Defendant is unable to relate to any account she held in the past.
On the 20/01/2018 I sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s 77 / 78 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
On xx/xx/xxxx the Defendant sent a Subject Access Request pursuant to the Data Protection Act 1998 to Lloyds Bank to try and find out where the Claimant's claim has arisen. The bank were unable to locate any details for me and despite providing full personal and historical information have not yet provided any details of accounts to enable me to assess my position regarding this claim.
The Defendant is concerned that many unfair charges may have been added onto any debt that may have been owed as the amount being claimed is not recognised. Therefore it is imperative that the Claimant provides copies of transaction lists and details of the account to enable the Defendant to fully plead their case.
The Defendant has asked the Claimant if they may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
The Defendant request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Thats great and yes that is what I would like to say thank you very much. So I will go ahead and submit now, do I need to number each point as per the defence example letter on the site?
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