Help with defence for successful set aside judgement

[Babynoahsmum]

Bump xx

[Amethyst]

Yes, what's your defence looking like ?

[Babynoahsmum]

This is what I have typed out currently

[Babynoahsmum]

does that look okay?

[Babynoahsmum]

Bump xx

[Amethyst]

Hey, sorry I missed that yesterday, it's a little bit short (very succinct... but think we need to get some law in there too )- I'll expand it in the morning for you xxxx

[Babynoahsmum]

Thank you very much, think I should be getting it posted off today or tomorrow to make sure it’s received in time xx

[Amethyst]

1:The Claimants Particulars of Claim are vague. The Claimant states their claim is for a contract between myself and Lloyds bank entered into in 2004 and assigned to the Claimant in November 2013.

2: The Claimant has stated in previous correspondence that the claim is for an overdraft facility attached to a current account held at Lloyds Bank. The account is regulated by the Consumer Credit Act 1974.

3:I have held a bank account with Lloyds Bank in the past however as it has been over 6 years, I have no information in my own records regarding any balance which may have been left outstanding. I do not recognise the account number given nor the sum being claimed.

4:It is my contention that the sum claimed is statute barred pursuant to section 5 of the Limitations Act 1980 in that no acknowledgement or payment has been made for over 6 years.

5:I have sent a request for copies of documents and for further information relating to the claim to the Claimant in a letter dated 2nd October 2018, however I am yet to receive a response. I have requested a copy of the contract, terms, transaction lists, default notice and notice of assignment.

6:The Claimant has stated previously that the account was defaulted in December 2011. It is denied that Lloyds Bank served any Default notice pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

7:The Claimant has not provided any breakdown of the amount claimed. As I do not recognise the amount claimed, I have concerns that the sum may have been inflated by unfair charges and other fees which may have created an unfair relationship pursuant to s.140a Consumer Credit Act 1974. I have requested a copy of transactions from the period prior to the account's closure and default in order to assess how the sum claimed has arisen and the terms of the agreement underwhich such sums may have been applied.

8: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.

9: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.

10: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.

11:It is denied that the Claimant is entitled to the relief as claimed or at all.

[Babynoahsmum]

Fabulous thank you will get that sorted and sent off today!!

[Babynoahsmum]

I’m back,

received some one more paperwork from the courts this morning, any chance you can help me fill out this directions questionnaire? I’ll post everything I received.

also received a response to the sar request with Lloyd’s asking us to take in ID to be certified to prove who husband is, he went in and they didn’t seem to have a clue, said they couldn’t find him on the system so maybe his account got sent to tsb when they split, but the letters addressed from Lloyd’s in the first instance so unsure where to go from here with the requested, should I send them another letter? I’ll post up the letter they sent me too.

[Amethyst]

Goodness they are useless aren't they !

Okay look at the docs, particularly the first one, did you send the defence to the claimant as well as the court?
When did you receive that order? I know you said the claimant paid you a couple weeks back, but you said £192 and the order is £198 - how much did they pay you?

The allocation questionnaire is standard - have a look https://legalbeagles.info/forums/for...l-claims-track

Keep hold of that letter from Lloyds, it can go in the WS later if needed. Did they 'certify' the documents so you can send them to Lloyds? or was it a case that they couldn't because 'Computer says no' ? Might be worth hubby giving Lloyds data protection team a call - seems to be this number 0345 602 1997and see what to do now to get the SAR complied with. Tell them it relates to an account that you believe defaulted back in 2011 which is at court with a debt purchaser, they might say they don't hold info back that far ( in which case they won't have anything to provide to the claimant either).

[Babynoahsmum]

They all came in the same envolope but obviously everything has already been complied with on the orders. Yes I sent to court and claiment.

no they didn’t certify them or anything will get him to give them a call but he’s useless. Will look at that link once I’m home thanks

[Babynoahsmum]

Do I need to pay anything with this questionnaire?

Contacted the bank and we need to pop back in and give them a phone number of someone who can talk them through it if they don’t understand so gonna go back tomorrow

[Babynoahsmum]

All certified and the bank will send them on to the relevant department hopefully! Also posted off the questionnaire hope I wasn’t meant to include a payment.

[Amethyst]

Nope, it's only the other side will have to pay something once a hearing date is set Glad you got the bank sorted out finally - now just a case of wait and see what comes back.