Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!!

[harmony15]

I had a loan that was taken out in 2003 from LTSB. I believe this loan was done over the phone and an agreement was to be sent in the post which I do not recall ever getting from them. Being self employed at that time, I ran into some financial difficulties and struggled to pay the loan so was paying less that the normal monthly payments. They agreed to freeze the interest and I was paying small amounts.

Things got a lot worse and was paying token payments to a point. After a while I started getting letters from debt companies I did not know about asking for immediate payments from me. At that time I was not aware that the debt had been sold on to a debt company. The amount they were asking for was way more than what had been outstanding initially on the loan. The loan was around 10,000k and were now asking for over 15,000k. The Debt company eventually took my case to court and I recieved a claim form.

I stupidly went onto some forums giving letter templates for defence so I copied one of the letter for my defence and also send a CPR 31.14 requesting for all documents including agreement. My defence letter it turns out was for a credit card agreement and a lot was wrong with it. The CPR 31 was send in May and they still had not responded by September.

The case was stayed by the courts and they eventually send me a reconstituted Loan Agreement which I have never seen before and it was obviously not signed, they also sent some screen shots and a statement of accounts.

They then wrote to me that they were going to lift the stay of which they did and now the courts have written to me to inform me that the DMC has applied for a summary judgement and the amount is going to be probably double what was initially outstanding.

My question is I am now in this mess and am waiting for the courts to write to me with notice of time, date and place of hearing. How can I stop the summary judgement from going ahead as I just cannot afford to have a CCJ on my credit file. If the summary judgement is granted I will have to pay all the charges that have been piled up on this loan.

I understand that I could change my defence but really dont know which way to go and apply the law.

[nemesis45]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Hi welcome to LB,

Which company now owns this debt now? Who is the claimant?
When was the account defaulted?
A " reconstituted " agreement must have:
1. your name and address as it was when the loan was taken out.
2. the creditors name and address when the loan was taken out.
3. All the T's & C's relevant when the account was opened.
4. Those T's and C's relevant at closure.
5.Any material amendments made during the life of the agreement.
6.Any other documents mentioned in the T's & C's.

No signatures are required

When did you last make any payment on the debt?
Did you request a copy of the loan agreement from the claimant?
It would help to know the companies involved here please.
Who was the CPR 31.14 request sent to??
What would your proposed defence be?

Summary Judgement will not require a hearing, it's an application made by the claimant supported by evidence.

nem

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Hi welcome to LB,

Which company now owns this debt now? Who is the claimant?
When was the account defaulted?
A " reconstituted " agreement must have:
1. your name and address as it was when the loan was taken out.
2. the creditors name and address when the loan was taken out.
3. All the T's & C's relevant when the account was opened.
4. Those T's and C's relevant at closure.
5.Any material amendments made during the life of the agreement.
6.Any other documents mentioned in the T's & C's.

No signatures are required

When did you last make any payment on the debt?
Did you request a copy of the loan agreement from the claimant?
It would help to know the companies involved here please.
Who was the CPR 31.14 request sent to??
What would your proposed defence be?

Summary Judgement will not require a hearing, it's an application made by the claimant supported by evidence.

nem

[FlamingParrot]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

I had a loan that was taken out in 2003 from LTSB. I believe this loan was done over the phone and an agreement was to be sent in the post which I do not recall ever getting from them. Being self employed at that time, I ran into some financial difficulties and struggled to pay the loan so was paying less that the normal monthly payments. They agreed to freeze the interest and I was paying small amounts.

Things got a lot worse and was paying token payments to a point. After a while I started getting letters from debt companies I did not know about asking for immediate payments from me. At that time I was not aware that the debt had been sold on to a debt company. The amount they were asking for was way more than what had been outstanding initially on the loan. The loan was around 10,000k and were now asking for over 15,000k. The Debt company eventually took my case to court and I recieved a claim form.

Is there any chance you could post up the particulars of the claim? :typing:

I stupidly went onto some forums giving letter templates for defence so I copied one of the letter for my defence and also send a CPR 31.14 requesting for all documents including agreement. My defence letter it turns out was for a credit card agreement and a lot was wrong with it. The CPR 31 was send in May and they still had not responded by September.

Could you post up the defence you submitted?

The case was stayed by the courts and they eventually send me a reconstituted Loan Agreement which I have never seen before and it was obviously not signed, they also sent some screen shots and a statement of accounts.

Once more, could you post up the alleged agreement, removing all personal details?

They then wrote to me that they were going to lift the stay of which they did and now the courts have written to me to inform me that the DMC has applied for a summary judgement and the amount is going to be probably double what was initially outstanding.

It would also be useful to be able to look at the letter from the court (remove anything that can identify you).

[pt2537]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

I had a loan that was taken out in 2003 from LTSB. I believe this loan was done over the phone and an agreement was to be sent in the post which I do not recall ever getting from them. Being self employed at that time, I ran into some financial difficulties and struggled to pay the loan so was paying less that the normal monthly payments. They agreed to freeze the interest and I was paying small amounts.

Things got a lot worse and was paying token payments to a point. After a while I started getting letters from debt companies I did not know about asking for immediate payments from me. At that time I was not aware that the debt had been sold on to a debt company. The amount they were asking for was way more than what had been outstanding initially on the loan. The loan was around 10,000k and were now asking for over 15,000k. The Debt company eventually took my case to court and I recieved a claim form.

I stupidly went onto some forums giving letter templates for defence so I copied one of the letter for my defence and also send a CPR 31.14 requesting for all documents including agreement. My defence letter it turns out was for a credit card agreement and a lot was wrong with it. The CPR 31 was send in May and they still had not responded by September.

The case was stayed by the courts and they eventually send me a reconstituted Loan Agreement which I have never seen before and it was obviously not signed, they also sent some screen shots and a statement of accounts.

They then wrote to me that they were going to lift the stay of which they did and now the courts have written to me to inform me that the DMC has applied for a summary judgement and the amount is going to be probably double what was initially outstanding.

My question is I am now in this mess and am waiting for the courts to write to me with notice of time, date and place of hearing. How can I stop the summary judgement from going ahead as I just cannot afford to have a CCJ on my credit file. If the summary judgement is granted I will have to pay all the charges that have been piled up on this loan.

I understand that I could change my defence but really dont know which way to go and apply the law.

Ok first things first.

Please go read Civil Procedure rule 24, this governs summary judgment.

Then id suggest writing to the C laimants solicitors and asking for a copy of their application which they should have sent to you already. If you have it then please can i see it:?

From there, your defence needs serious surgery, firstly, your whole stance is inherently wrong, s77 applies to loans, you have pleaded s78, you have also pleaded the prescribed terms which apply to credit cards not loans.

FYI, for loans, the prescribed terms are generally the amount of credit and the term stating how the debtor is to repay the loan, on some occasions the interest can be a prescribed term but it depends.

It seems to me, the first question you need to give us the answer to, is how long was the loan, and when did you last pay anything. YOU MUST GET THIS accurate, we cannot help you if you cannot help yourself.

Then, we need to know how this loan was taken out, online? over the phone? did you sign anything? if not then how did you get the loan? all needs to be answered.

You must file your witness evidence in opposition to summary judgment no later than 7 days before thge hearing, but at this stage we cant answer this til we know their application

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Which company now owns this debt now? Who is the claimant? Marlin Europe 11 LTD
When was the account defaulted?18/05/10
When did you last make any payment on the debt? 12/05/10
Did you request a copy of the loan agreement from the claimant? Yes agreement will be attached
It would help to know the companies involved here please. The solicitors are Mortimer Clarke Solicitors
Who was the CPR 31.14 request sent to??Mortimer Clarke Solicitors
What would your proposed defence be? Loan taken over the phone and do not recall signing agreement

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Please go read Civil Procedure rule 24, this governs summary judgment. Done

Then id suggest writing to the C laimants solicitors and asking for a copy of their application which they should have sent to you already. If you have it then please can i see it ? Claimants have not send me a copy of their application. They just send a letter to inform me that they were going to apply for the stay to be lifted and apply for summary judgement.

From there, your defence needs serious surgery, firstly, your whole stance is inherently wrong, s77 applies to loans, you have pleaded s78, you have also pleaded the prescribed terms which apply to credit cards not loans. Stupid of me copying and pasting letter from forums.

FYI, for loans, the prescribed terms are generally the amount of credit and the term stating how the debtor is to repay the loan, on some occasions the interest can be a prescribed term but it depends.

It seems to me, the first question you need to give us the answer to, is how long was the loan,60 months and when did you last pay anything.I do not remember but if I go by the screenshots send to me it says 12/05/10

Then, we need to know how this loan was taken out, online? over the phone? did you sign anything? The loan as I recall was over the phone and paper work was meant to be send to me in the post but I do not recall signing or receiving anything in the post.

You must file your witness evidence in opposition to summary judgment no later than 7 days before thge hearing, but at this stage we cant answer this til we know their application. They did not send me their application.

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How do I attach all the docs on here please????

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Help please How do i attach all the scanned paperwork

[FlamingParrot]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Help please How do i attach all the scanned paperwork

You need to be in advance mode to be able to attach. Click the 'Go Advanced' button, once there scroll down to 'Manage Attachments'.

This thread should help: http://www.legalbeagles.info/forums/...r-details-safe!)

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

I have attached my defense and the agreement.

[FlamingParrot]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Is there any chance of posting up also the letter from Mortimer Clarke? :typing:

If you made a payment in May 2010 SBd is out of the question.

You say above that you applied over the phone and don't think they ever sent you the agreement to sign, was that agreement you attached not signed by you?

The agreement you attached, how and when did you obtain it? You say in paragraph 7 of your defence that the claimant had not complied with your request under s78(1). Did they send it to you later on? Or is that your own copy?

Scanning quickly through it, there are a few things that stand out in your defence:

• The particulars are not detailed but they do disclose cause of action
• When a claim is issued electronically via the bulk centre, there is no requirement to attach any documents to be served with the claim form
• As already noted, s.78 of the CCA relates to credit cards, s.77 applies to loans
• The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 do not say they should comply in 7 days, they refer to 12 working days
• That must be a rather old template because s.78(6)(b) was repealed in 2008!
• Something strange in paragraph 9 of your defence, "Civil Procedureicon Rules"
• You are arguing about s.127 and the prescribed terms, however, you are saying you don't know what your agreement would have contained. You can only use s.127 if you make an assertion that you didn't sign any agreement or that the paper you signed didn't have all the terms, for example, because it was an advert
• Paragraph 20 refers to the OFT debt collection guidelines which not only are of little relevance to the claim, the consumer credit duties of the OFT had already been transferred to the FCA at the time the claim was issued

I'm sure others will have further comments. Can I just ask where you found that defence?

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Is there any chance of posting up also the letter from Mortimer Clarke? :typing:

If you made a payment in May 2010 SBd is out of the question. Grrr I know

You say above that you applied over the phone and don't think they ever sent you the agreement to sign, was that agreement you attached not signed by you? The agreement i sent is the one that was sent to me by Mortimer as the reconstituted agreement

The agreement you attached, how and when did you obtain it? You say in paragraph 7 of your defence that the claimant had not complied with your request under s78(1). Did they send it to you later on? Or is that your own copy? They send it to me later on like more than 2 months later

Scanning quickly through it, there are a few things that stand out in your defence:

• The particulars are not detailed but they do disclose cause of action
• When a claim is issued electronically via the bulk centre, there is no requirement to attach any documents to be served with the claim form
• As already noted, s.78 of the CCA relates to credit cards, s.77 applies to loans
• The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 do not say they should comply in 7 days, they refer to 12 working days They still did not respond in 12 days
• That must be a rather old template because s.78(6)(b) was repealed in 2008!
• Something strange in paragraph 9 of your defence, "Civil Procedureicon Rules"
• You are arguing about s.127 and the prescribed terms, however, you are saying you don't know what your agreement would have contained. You can only use s.127 if you make an assertion that you didn't sign any agreement or that the paper you signed didn't have all the terms, for example, because it was an advert
• Paragraph 20 refers to the OFT debt collection guidelines which not only are of little relevance to the claim, the consumer credit duties of the OFT had already been transferred to the FCA at the time the claim was issued

I'm sure others will have further comments. Can I just ask where you found that defence?

I found the defence on money saving expert.

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Today I recieved the notice of hearing of application from the courts. A court date has been set for the 25th August but I need to send a Statement of truth setting out full details of objection.

I have to go to court and do not have a clue how or what to write with regards to the statement of truth. I will scan the full document later today.

It seems I messed up from the get go by using a very old letter template that seemed to include a lot of things that were irrelevant to my case. At the time I thought the letter sounded good but being someone with no legal background I didnt have a clue on most of the things and probably didnt really read it.

I feel stuffed and dont know what I can do now.

Like i said the document is large so bear with me and will scan it in and send it today.

Any help is needed.

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Today I recieved the notice of hearing of application from the courts. A court date has been set for the 25th August but I need to send a Statement of truth setting out full details of objection.

I have to go to court and do not have a clue how or what to write with regards to the statement of truth. I will scan the full document later today.

It seems I messed up from the get go by using a very old letter template that seemed to include a lot of things that were irrelevant to my case. At the time I thought the letter sounded good but being someone with no legal background I didnt have a clue on most of the things and probably didnt really read it.

I feel stuffed and dont know what I can do now.

Like i said the document is large so bear with me and will scan it in and send it today.

Any help is needed.

[harmony15]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Please see all the case documents. I have left out the statements of accounts which i sent previously.

[FlamingParrot]

Re: Filed wrong defence and now claimant has applied for Summary Judgement. Stuck!!!!

Scan 007 is just a notice of assignment, however, amount was just over £11k nowhere near £15k.

CPR 24.5(b) states at least seven days before the hearing, they are asking you to do it more than 5 weeks before the hearing date.