Court claim 1st credit

[MrsJ]

Re: Court claim 1st credit

Thanks nem45, we might remove that part, it was our original plea when Mrs j received the first claim, apart from Lloyds trying to take a loan payment every month for nearly a year, which went out and then put back and a charge made, the account stayed like that. We found one transaction in Sept 2009 which wasn't the loan.

[mystery1]

Re: Court claim 1st credit

You haven't made mention that the notice of assignment provided shows that they only had a cause of action against 1 defendant when they are required to have a cause of action against both of you as per pickthall and s141(5) cca.

M1

[MrsJ]

Re: Court claim 1st credit

Good point M1, many thanks

[nemesis45]

Re: Court claim 1st credit

Have you confirmed that this is the "mystery" payment?
Were Lloyds repeatedly attempting to call down payment via a direct debit?

[MrsJ]

Re: Court claim 1st credit

There were, from what we can see from some statement print outs from 1st credit 2 payments in Sept 2009, one for £10 and one for £18, the rest as you say were repeated attempts to call down a payment via a direct debit.

[nemesis45]

Re: Court claim 1st credit

These call on the DD were made after assignment to 1st Credit?

[MrsJ]

Re: Court claim 1st credit

No before.

[MrsJ]

Re: Court claim 1st credit

This is the last page of Mr Js defense which has been updated, page 1 stays the same, any thoughts?

Many thanks.

[MrsJ]

Re: Court claim 1st credit

This is Mrs J's defence, its the one used so far.

Could we have your thoughts please.

Many thanks.

[MrsJ]

Re: Court claim 1st credit

We have to post Mrs & Mr's defence to the court and 1st credit tomorrow, has anyone any comments on the above.

[pt2537]

Re: Court claim 1st credit

Current Accounts are exempt from parts of CCA 1974 as are OD's, there is no " regulated agreement" as such a " letter of facility" is signed at the inception of an account.

Default notice are not required a Formal/Final demand for payment is made, a recall for repayment of an overdraft in full is made stating that the facility will be withdrawn on a certain date.

Btw The Deed of assignment is the confidential commercially sensitive contract between debt seller and debt purchaser, a court may order production is certain circumstances, but if this happens it is usually useless as it refers perhaps to many thousands of accounts in a portfolio of debt,

According to Denning MR the assignment is a document that the debtor is entitled to sight of. Also, there is nothing to stop redaction of the core financial data (see Webster v Ridgeway School Foundation)

Im also not entirely sure i agree about a default notice either, firstly the terms of the contract need to be produced, as the terms would govern the rights of the parties, secondly s98A now requires a statutory notice before the agreement can be terminated

[nemesis45]

Re: Court claim 1st credit

As far as I am aware there is no necessity to issue a DN on a current account, formal demand for payment/ recall of an OD is the norm.
Looking through various archived documents in regard to OD/current accounts and some more recent ones it is the acceptance of a facility which is noted and signed, all of the demands for payment/recall of OD have at least 7 days notice of the action to be taken .
As per sect 98 A

I agree on Denning MR my feeling has always been that insisting on production of the DOA is almost always pointless,.

The DOA's I have had site have had no beneficial effect whatsoever.
nem.

[MrsJ]

Re: Court claim 1st credit

We are in court this month and hopefully this will be the end. We have a question that needs a answer by Thursday if possible,

Mrs J has done a court bundle with a statement of truth that she would rely on before, this was given a reference code, does she have to submit this again or can she still refer to it.

Thanks for any help in advance.

[mystery1]

Re: Court claim 1st credit

It's still part of the case file and there should be no issue referring to it.

M1

[MrsJ]

Re: Court claim 1st credit

Just to let you all know that we lost in court today, although we used the claim that Mr J did not receive the assignment till after the claim had started, the judge said that was ok, even though the letters of assignment to Mrs J were addressed to Mr & Mrs but read Dear Mrs (only) that was ok, even though the accounts last statement read 0 in 2010 when Lloyds closed it the judge accepted the claimants excuse this is how Lloyds do there accounting, even though the account was in dispute with Lloyds the judge said this is ok.

We both thank everyone who helped us in this matter.
Better luck next time we hope.