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

[mystery1]

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

I'd mention it but i wouldn't put much emphasis on it.

M1

[lowlowlola]

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

great thank you!

[lowlowlola]

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

Hi Amethyst

have tweaked it a bit - my changes are in bold and numbered Have gone over it a couple of times and not sure what else i can add? Is it worth at all metioning that i paid £10k ish towards it via CCCS and they kept adding interest and charges or is that missing the point entirely??

In terms of the praticalties

• Am i right that defences are double spaced and that each exhibit needs a cover sheet?
• I am sending it to the court that heard my unless order - that is correct isnt it?
• My court wont accept an email submission so have to send hard copy, do i enclose three copies in that case
• defence is due on 25th but if i get is sent off registered post thursday morning that should be well within the timeframes

UPDATED DEFENCE _ AMENDS IN BOLD_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 on XX Date which the Defendant acknowledged on XX Date

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, stating only that a credit agreement was held by the defendent with lloyds banking group and gave very few details as to what it related to.

4. The Claimant has failed to verify his statment of case by putting the full name of the person signing the statement of truth or their position within the Claimants Solicitors on the claim form nor is a signature present as per CPR 22.1 and CPR 22.2 Exhibit XX

5. On 24th 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

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

7. At the hearing on 4th 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

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

The Credit Agreement

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

11. 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 Exhibit XXX

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.

13.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.

14. 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

15. 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.

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

17. 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. EXHIBIT XXX do i add a copy of my credit file?

18. 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.

19. 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

20. In addition to the Defendants request under CPR 31.14, on the 24th February 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.

21. The Defendant 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.

22. 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.
.
23. 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. Exhibit XX do include all the statements?

24. 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.

25.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.

[lowlowlola]

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

<sub>ps should I also add that I reserve the right to amend my defence should they produce the correct documents ??

so sorry for all the questions !

Thank you so much

lll</sub>

[lowlowlola]

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

sorry to bump - :beagle:

do you think it is ready to be submitted or do i need to do more?

[Amethyst]

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

Super. Putting it in the sections makes it a lot clearer.

So

17 - yes you can attach a screenshot of that page of your credit file.
23. I don't think you need include the statements at this stage
24 - yes add something like .... The Defendant reserves her position to plead further should the Claimant provide the proper documents.

[lowlowlola]

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

Thank you thank you!!

one final thing and I will leave you alone (i hope) just to treble check i send it to the court I had the unless hearing at Not MCOL
also is 4. ok do you think = dont want to wind the judge up

as always thank you, this on top of everything else has made life exceedingly stressful over the last few months and with out this forum and your help I honestly dont know what i would have done. you really are a life line!

thanks

LLL

[Amethyst]

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

Yes send it to the court that made the order.

I think 4 is fine, it's really just backing up that they don't follow proper process. You aren't asking for anything because of it just pointing it out.

I have hardly helped you know, you have done most of this on your own. We're a long way from being over so next bit is just seeing what they respond with to the defence. You should get at least a couple weeks clear now.

[lowlowlola]

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

thanks so much, will send off today or tomorrow and update as soon as I hear anything

yes i know this is going to be a long old road , but its nice to know I have friends for the journey

XXX LLL

[lowlowlola]

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

sorry sorry sorry - one point of clarification

11. 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 Exhibit XXX
the original recon terms are for 1998 , i defaulted according to them in 2011 - the other terms are the current ones and they are the ones referenced in 13
3.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.
- does this make any difference at all??? it doesn't make any difference as both clauses are wrong

sorry cant turn the bold off!

LLL

[Amethyst]

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

Not really sure what you are asking, but the fact the default notice points to clause 2.2 which is incorrect on the 'current terms' AND on 'original terms' draws the agreement reconstruction into doubt, and brings the reconstructed default notice into doubt, so basically saying none of the paperwork provided adds up or is original. ie. the terms and default notice are just generic and not actually a true copy of those you agreed to, so thus they have not complied with the cca request or court order.

[lowlowlola]

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

Thanks am being silly I will refer to Both terms in 13 then to avoid any doubt .

Promise this is the last you'll hear from me today !! Thanks for your patience !!

[Amethyst]

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

Yes that's a good idea and not a problem at all no point putting something in you're not happy with. I was thinking whether we should put something in about s61 as this is pre 2007, but I don't know how to word it as it's not really my area. Thinking if you are saying you didn't sign that agreement and its not a true copy then evidentially they should be made to supply an executed ACTUAL copy of the agreement with the signature and your details etc on....

I think [MENTION=37786]FlamingParrot[/MENTION] might be more up on that side.

[lowlowlola]

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

Yes that would be good , is there anywhere you could point me to for wording ... Oh no broke my promise !!

[Amethyst]

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

Have asked FP to come have a look as she's more up on CCA minute than I. xx