Court Claim - Arrow Global Ltd / Lloyds Bank Plc - 16-1-2018

[warwick65]

They allow 5 days for service so a total of 33 days from the date on the claim form

[Diana M]

i have received a reply reply from Blake Morgan today regarding my CCA request. They have advised that they may take a number of weeks to get the information to me (please see photo of letter). How do I carry out my defence without the correct documents required?

Because that will form part of your Defence - the fact that they've not complied with your s 77-79 CCA Request.

File your Defence on time despite the fact that they say they'll need weeks to get the documentation which they should have had in their possession before they issued the claim.

That's their problem not yours.

Di

[Dancemum]

Thanks for your help Di, so actually it could help with my defence?

Carla

[warwick65]

Yes, I hope Di will agree with me but if they can not or do not provide the documents you have asked for it will help immensely in your defence. Look at it this way, all you are asking them to do is prove that they have the right to demand the money from you. If they can't do that then......

[Dancemum]

Good morning, just wondering whether I should start thinking about what to put in my defence?
I haven’t received anything back from anybody yet but a bit concerned as going to visit family for the week next week and concerned that will not have much time when I return?

Just thinking about the deadline, Warwick65 when you say they allow 5 days service and a total of 33 days from the date on the claim form, is this dependent on when the claim is acknowledged?(i’m Just wondering whether I shot myself in the foot giving me less time by acknowledging on the day I received it being 19th?).

Many Thanks

[MIKE770]

from the date on the claim form i.e. date issued
Example Defence

[Dancemum]

Hi Mike, is that 33 days from date issued irrelevant of when I acknowledged the claim?Also the defence example, would this apply to an overdraft claim?Thanks

[Dancemum]

Good morning, so today I have received this from the solicitor (notice of assignment). I do not recall ever receiving this letter. They say that the account has been placed on hold whilst awaiting the CCA request, what does this mean?it does not affect the court claim and I still need to enter my defence is that correct?

[Dancemum]

Also on the example defence, on one of the points it states about requesting additional time to allow for receiving documents (below) do I need to request this?

14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

[Amethyst]

In your CPR request did you include the paragraph requesting an extension if they were unable to provide the documents?

Yes you still should enter your defence on time, regardless of the CCA response saying the account is on hold, it isn't - and only if they formally agree to an extension under CPR 15.5 would you not enter a defence ( but would inform the court of the extension agreement instead)

I've redacted your reference numbers from the letter.

[Dancemum]

Thank you Amethyst. Yes I did include the extension paragraph, so they would need to formally agree by letter the extension, and saying they are putting the account on hold does not mean they have agreed on the extension?

[Amethyst]

Exactly

[Dancemum]

Hi, is the below defence ok please? Many Thanks.


DEFENCE

1. I received the claim xxxxxxxxxx from the Northampton County Court Business Centre on 18/01/18.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for an overdraft agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has [previously] entered into an agreement with Original Creditor for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. 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
8. 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.
9. 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.
10. On the 20/01/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Arrow Global. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. Blake Morgan has only provided me with a Notice of Assignment however, I have not received any other documents which have been requested.
12. On the 20/01/2018 I sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
15. 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.
16. I 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.
17. 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.
18. 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.

[Dancemum]

Good morning, I have to enter my defence today by 4pm. I would be really grateful if somebody could please let me know if the above is ok to submit?Many Thanks

[Amethyst]

Having a look through now for you xxx Is this an overdraft ? ( Yes it is ) Have you had other products like credit card / loan etc with Lloyds bank over the years?


POC for ref

The Claimants claim is for the sum of GBP 3216.25 being monies due from the defendant to the claimant under a regulated agreement between the Defendant and Lloyds Bank Plc and assigned to the claimant. Notice of the assignment has been provided to the defendant. The defendant has failed to comply with the terms of the agreement and the agreement has been terminated. AND the claimant claims the sum of GBP 3216.25 TOGETHER with the costs of this claim. 15th January 2018