**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

lol, we get there in the end.... so point one of defence sussed.

Next point is that you had a 0% deal on a specific 'club' card and the 1999 recon agreement doesn;t have any reference to the actual card or 0% deal and the original agreement that you signed, obviously would have done.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Yup that's it but have no evidence of the o% deal just my memory of it

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Just found this by googling the "club" card , not sure of the date of the site but it's clear it's 0% ! For members ... Not sure it would stand as evidence though ?


Xxxx, in partnership with the Bank of Scotland, has created a credit card with attractive rates and great benefits. With no annual fee and all the benefits associated with MasterCard, you can take advantage of an attractive typical rate of 17.9% APR (variable).


Some of the advantages include:


0% on purchases for the first 9 months
free additional cards
no interest will be charged on purchases if every statement balance is paid in full by the payment date
For further information, please visit the Xxx website or call 0800 032 2036


Credit subject to status to UK residents aged 18 or over from Bank of Scotland plc, Registered in Scotland No.SC327000. Registered Office: The Mound, Edinburgh, EH1 1YZ. To benefit from the 0% introductory rate, you must stay within your credit limit and make your monthly payments on time. Balances transferred from other Halifax and Bank of Scotland credit cards do not qualify for the 0% balance transfer offer.


Member Benefits
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[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ps they don't offer the card any more

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Found this for that specific card type

Some of the advantages include:

• 0% on purchases for the first 9 months
• online fraud guarantee
• free additional cards
• no interest will be charged on purchases if every statement balance is paid in full by the payment date

Credit subject to status to UK residents aged 18 or over from Bank of Scotland plc, Registered in Scotland No.SC327000. Registered Office: The Mound, Edinburgh, EH1 1YZ. To benefit from the 0% introductory rate, you must stay within your credit limit and make your monthly payments on time. Balances transferred from other Halifax and Bank of Scotland credit cards do not qualify for the 0% balance transfer offer.

So that would need to be a term in the agreement wouldn't it....

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Snap !!! Great minds think alike

Yes it was in the terms am sure !

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi :beagle2222:

Sorry to be offline , work has been a total nightmare this week, haven't had a second to concentrate on this.
here is my first stab at a defence, it is really a bit of a stew i.e have thrown every thing in and am hoping for the best, it is probably rubbish - sorry!

would you be very kind and have a look for me - sorry to ask but time is ticking and i only have until Thursday morning to get this off to the court before i go into hospital. I am very anxious to get this finished and done so I can get in the right frame of mind for the op - silly i know !

one thing i am not sure of is do i put in the fact that the letter of default was 7th Feb and the fact that they lodged the default only 9 days later on my credit file thus not complying with CPR rules

Do i state when the card was opened on the defence to be clear that it was 1999 ?

Do I need to emphaise more that there is no signed agreement ?
Do i need to put in the particulars of the claim which are vauge? also the CCJ form is not signed by a person it just says drysden fairfax (not sure if this is at all relevant.?

Thank you so much
LLL




In the XXXX county court
CLAIM NO: AXXXXX
REF: Lloyds Banking Group


BETWEEN:
CAPQUEST INVESTMENTS LIMITED
Claimant
and
XXXXXXXXX
Defendant
_________________________________
Defence
_________________________________.

I,lowlowlowla am the Defendant in this action and make the following statement as my defence to the claim made by Capquest Investment limited

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' particulars of claim and put the Claimant to strict proof thereof.

3.It is admitted that that the Defendant has in the past entered into agreements with Bank of Scotland defendant believes this claim relates to an XXXX affiliated credit card once held with Bank of Scotland

4. On 24^th February 2014 the defendant made a written request to the request for inspection of the agreement and other documents as disclosed in the Claimants statement of case under Civil Procedure Rule 31.14. Exhibit XX
5. The Claimants solicitors failed to produce documents and the Defendant sought a N244 unless order on 11^th April 2014
6. At the hearing on 4^th July 2014 at XXXX County Court the following order was given Exhibit XX
IT IS ORDERED THAT
The Defendant's time for filing and serving a fully particularised Defence is extended to 21 days after the Claimant sends to the Defendant complete copies of:
( 1) the credit agreement
(2) the Default notice
(3) the notice of assignment
relied on by the Claimant



6. The Documents mentioned in the order were produced and shown to me a bundle of documents marked Exhibit XX

7. The Applicant accepts that the debt once existed, however the enforceability of the regulated agreement underpinning the debt is disputed. There are numerous breaches of the Consumer Credit Act 1974 which require proper investigation. Details of the aforesaid breaches are set out herein.

8. In addition to the Defendants request under CPR 31.14, on the 24^th Februray 2014 a request has also been made to Capquest pursuant to section 78(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract. Exhibit XX A true, signed, copy has not to date been supplied.

9. On XX/XX/14 the The Claimant supplied a template of the Default Notice they state was sent to the Defendant on 7th February 2011 Exhibit XX. The Claimant also supplied a reconstructed copy of the terms which were allegedly in force at the time of the alleged Default. Exhibit XX

10.The Default Notice Exhibit XX refers the Defendant to Clause 2.2 of the Terms and Conditions, as ' contain details of the minimum payment you must make each month' However Clause 2.2 of the Terms provided by the Claimant does not relate to 'minimum payment' instead refers to the order that a payment is applied to different transactions and related interest rates.

11. The Defendant thus contends the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account, in the alternative the Defendant contends that the Default Notice template supplied in inaccurate and not a true example of what would have been sent.
12. The Defendant further contends that the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account. The card was specifically for XXX members and no where in the document is the affiliated XXX card referenced, nor is the specific 0% introductory offer which would have been on the original terms that were allegedly signed
13. The Defendant contends that the document supplied to her in response to the formal requests under s.78 Consumer Credit Act is incomplete and does not contain any the terms applicable at the inception of the account.
.
14. The Claimant has also not provided a full statement of account in response to the Defendants’ statutory request; which further prevents the Defendant from assessing any charges or interest that may have been applied as only payments made from 2008 are evidenced.

15. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the original creditor.
(b) show how the Defendant has reached the amount claimed.

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

Until such time the Claimant can comply with my request for a true copy of the agreement it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 a claim;


16. The Claimant is further put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.87 & 88(1) thus giving a right to demand immediate repayment of the sums claimed. Accordingly the Defendant will say that s87(1) Consumer Credit Act has not been complied with and the respondent is not entitled to terminate the agreement or accelerate the earlier repayment of the debt. The Defendant will rely upon the High Court case of Harrison v Link in support of the proposition that a Default notice is a statutory precondition of enforcement (see para 75 of HHJ Chambers QC ruling). The Defendant will also say that no notice of sums in arrears have been served on the Defendant contrary to s86(c) Consumer Credit Act 1974 and accordingly such a breach renders the agreement unenforceable while the breach continues. The Claimant is also subject to a statutory bar on charging interest while in breach of the aforesaid provision.

17. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to re-plead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

18.Accordingly, the Defendant avers that

a) The Claimant has not complied with s78 and s.87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

b) Therefore, the Claimants Claim should be dismissed.

Statement of Truth


The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

WORK IN PROGRESS





In the XXXX county court
CLAIM NO: AXXXXX
REF: Lloyds Banking Group


BETWEEN:
CAPQUEST INVESTMENTS LIMITED
Claimant
and
XXXXXXXXX
Defendant
_________________________________
Defence
_________________________________.

1. I, lowlowlowla am the Defendant in this action and make the following statement as my defence to the claim made by Capquest Investment limited.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' particulars of claim and put the Claimant to strict proof thereof.

3.It is admitted that that the Defendant has in the past entered into agreements with Bank of Scotland and the Defendant believes this claim relates to an XXXX affiliated credit card once held with Bank of Scotland, possibly opened in 1999, however the Statement of Case in the claim was vague and gave very few clues as to what it related to.

4. POSSIBLE BIT ABOUT DRYDENS SIGNATURE HERE

4. On 24^th February 2014 the defendant made a written request to the request for inspection of the agreement and other documents as disclosed in the Claimants statement of case under Civil Procedure Rule 31.14. Exhibit XX

5. The Claimants solicitors failed to produce documents and the Defendant sought a N244 unless order on 11^th April 2014

6. At the hearing on 4^th July 2014 at XXXX County Court the following order was given Exhibit XX

IT IS ORDERED THAT
The Defendant's time for filing and serving a fully particularised Defence is extended to 21 days after the Claimant sends to the Defendant complete copies of:
( 1) the credit agreement
(2) the Default notice
(3) the notice of assignment
relied on by the Claimant

6. The Documents mentioned in the order were produced on DATE and shown to me a bundle of documents marked Exhibit XX

The Credit Agreement

9. The Claimant has not supplied a true, signed and executed copy of the original agreement.

9. The Claimant supplied a reconstructed copy of the terms which were allegedly in force at the time of the alleged Default. Exhibit XX and a reconstructed copy of the terms they allege to be the current terms applicable to the account.

12. The Defendant contends that the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account. The card was specifically for XXX members and no where in the document is the affiliated XXX card referenced, nor is the specific 0% introductory offer which would have been on the original terms that were allegedly agreed.

10.The Default Notice Exhibit XX refers the Defendant to Clause 2.2 of the Terms and Conditions, as ' contains details of the minimum payment you must make each month' However Clause 2.2 of the Terms provided by the Claimant does not relate to 'minimum payment' instead refers to the order that a payment is applied to different transactions and related interest rates.

11. The Defendant thus contends the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account, in the alternative the Defendant contends that the Default Notice template supplied in inaccurate and not a true example of what would have been sent.

The Default Notice

9. On XX/XX/14 the The Claimant supplied a template of the Default Notice they state was sent to the Defendant on 7th February 2011 Exhibit XX.

10. The Default Notice supplied states that 28 days to bring the account into order are allowed.

11. However the account appears to have been defaulted on or before the 16th February 2011 as it is entered on the Defendants credit file as a Default on that date..

10. The Default Notice refers the Defendant to Clause 2.2 of the Terms and Conditions, as ' contain details of the minimum payment you must make each month' However Clause 2.2 of the Terms provided by the Claimant does not relate to 'minimum payment' instead refers to the order that a payment is applied to different transactions and related interest rates.

12. Therefore the Defendant contends this brings into serious doubt whether the default notice supplied accurately demonstrates that which is alleged to have been sent by the Original Creditor.


Consumer Credit Act

8. In addition to the Defendants request under CPR 31.14, on the 24^th Februray 2014 a request has also been made to Capquest pursuant to section 78(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract. Exhibit XX A true, signed, copy has not to date been supplied.

7. The Applicant accepts that the debt once existed, however the enforceability of the regulated agreement underpinning the debt is disputed. There are numerous breaches of the Consumer Credit Act 1974 which require proper investigation. Details of these breaches are set out below.

13. The Defendant contends that the document supplied to her in response to the formal requests under s.78 Consumer Credit Act is incomplete and does not contain any the terms applicable at the inception of the account.
.
14. The Claimant has also not provided a full statement of account in response to the Defendants’ statutory request; which further prevents the Defendant from assessing any charges or interest that may have been applied as only payments made from 2008 are evidenced.

15. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the original creditor.
(b) show how the Defendant has reached the amount claimed.

18.Accordingly, the Defendant avers that

a) The Claimant has not complied with s78 and s.87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

b) The Claimant has failed to demonstrate the Defendant has any liability to themselves for the alleged debt.

b) Therefore, the Claimants Claim should be dismissed.

Statement of Truth


The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

I will come back and do more on this lowlowlola just made a start rejigging bits, so if you do more on it will you post up where you get to, I probably won't get back on it properly until the morning now xxx You've made a brilliant start xx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

OMG thank you , am so grateful . You are such a star, will have a proper read through . This must have taken you ages ( it did me !) thank you so much xxx

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

I'm just trying to find the right bit for the signature issue, I'll ask [MENTION=5354]mystery1[/MENTION] to have a look in on that front I think as he's much more up on that stuff.

ps. love your avatar btw xx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

If only I could click my heals !!!! Lol !!

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

I'm just trying to find the right bit for the signature issue, I'll ask @mystery1 to have a look in on that front I think as he's much more up on that stuff.

ps. love your avatar btw xx

http://www.justice.gov.uk/courts/pro...es/part22#22.2

Failure to verify a statement of case

22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out^(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).



So the statement of case is not evidence of anything. Little in it really unless you'd applied for it to be struck out (usually after asking them to correct it so as not to annoy Judge)

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks m1 . For belt and braces to make sure I've got it right this is what is on the form

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Sorry re read .. Doing two things at once as per .. So best leave that particular bit of the defence alone as it has no real bearing and could annoy the judge ! Thanks