CCJ Claim form...HELP PLEASE!!!!

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

I have sent many a letter by RM signed for and when tracked it says "progressing through our system" . I normally raise a complaint and they do provide POD and 6 first class stamps as way of compo , but at least i get a POD. It is more usual when posting to bulk addresses where mail is delivered by the sackload

A simple way of avoiding " bulk" delivery is Not to use PO Box numbers in addresses.

nem

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

I have sent many a letter by RM signed for and when tracked it says "progressing through our system" . I normally raise a complaint and they do provide POD and 6 first class stamps as way of compo , but at least i get a POD. It is more usual when posting to bulk addresses where mail is delivered by the sackload

I recall an oldish argument regarding whether special delivery meant the items had to be signed for individually while if you just use recorded delivery they'd be signed for in bulk. :noidea:

I also had the opposite situation where I got a signature on the RM site for a SAR I sent yet the data controller always denied receiving it and the ICO were as much use as a chocolate fire guard. :mmph:

[Berniethebolt]

Re: CCJ Claim form...HELP PLEASE!!!!

I also had the opposite situation where I got a signature on the RM site for a SAR I sent yet the data controller always denied receiving it and the ICO were as much use as a chocolate fire guard. :mmph:

That is just stupid, the whole point of signed for is so you are never in doubt about the delivery

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi everyone. Thanks again for replies. I am here with more questions and also an update. I'll start with questions first.

I am about to write my defence using the template from Flamingparrot (Thanks for this!) do I need to add that the account is now statue barred to this or shall I just leave it as they won't give me any information to be able to defend myself properly for now?

Also can I submit my defence online the same way I acknowledged the claim?


My update- I received a letter from Lloyds saying they will send all that is requested to me by the 16th of September, woop woop. At least I will have everything I need to be able to prove my defence.

I also never heard from Lowell after sending the CCA request.

I'd like to thank you all for your help again, I don't know how I would have got through the summer as well as the situation if I didn't have all of your advice! :-)

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi everyone. Thanks again for replies. I am here with more questions and also an update. I'll start with questions first.

I am about to write my defence using the template from Flamingparrot (Thanks for this!) do I need to add that the account is now statue barred to this or shall I just leave it as they won't give me any information to be able to defend myself properly for now?

Statute barred is an absolute defence so it should definitely be in your defence.

You need to add the following line (usually as item 5):

5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

Also can I submit my defence online the same way I acknowledged the claim?

You should be able to log in and submit it online. :typing:

My update- I received a letter from Lloyds saying they will send all that is requested to me by the 16th of September, woop woop. At least I will have everything I need to be able to prove my defence.

That's good news, by the times this goes to court (if ever), you'll have the data, although the burden of proof is on the claimant to show a debt is not SBd not on you to show it is, however, every little helps! :thumb:

I also never heard from Lowell after sending the CCA request.

That will also be mentioned in your defence. :thumb:

I'd like to thank you all for your help again, I don't know how I would have got through the summer as well as the situation if I didn't have all of your advice! :-)

You're very welcome. :yo:

You may want to post up your defence before submitting it. :ranger:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for replying. I have just finished writing my defence, would you mind taking a look at it for me please?

When submitting my defence online can I just type my name where it asks for the signature on the defence?
Thanks.


1. I received the claim B5AQ1D54 from the Northampton County Court on 31/07/2015

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

6. The Claimants statement of case states that the account was assigned from Lloyds to Lowell on 03/07/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 03/08/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter. I requested the Claimant provide copies of the Agreement, and the Default Notice.

9. Bryan Carter has not sent any of these documents to me.

10. On the 03/08/2015 I sent a formal request for a copy of the original agreement to Lowell pursuant to section78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. Bryan Carter informed me their client would not be agreeable to an extension for filing my defence.

13. 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.

14. 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.

15. 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.

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

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Spot on, you covered all points! :clap2: :clap2: :clap2:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you Flamingparrot! I have just submitted my defence online. I have had a nightmare doing this! First my laptop literally died on me, luckily it is still in warrenty so returned it to the store to fix. So I was going to use my dads laptop to submit, but my ex who was supposed to have kids for me has "manflu" so couldn't go to mums to do it in peace. Had to do it on my mobile instead! Thank god that part is done now.

Will it take long before I get a reponse from either the court or Lowell or BC?

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you Flamingparrot! I have just submitted my defence online. I have had a nightmare doing this! First my laptop literally died on me, luckily it is still in warrenty so returned it to the store to fix. So I was going to use my dads laptop to submit, but my ex who was supposed to have kids for me has "manflu" so couldn't go to mums to do it in peace. Had to do it on my mobile instead! Thank god that part is done now.

Good to hear you got there in the end!

Will it take long before I get a reponse from either the court or Lowell or BC?

Once they receive your defence from the court, they'll have 28 days to respond saying whether they intend to proceed with the claim, if they don't respond the claim just gets stayed but you won't be informed if that's the case. For now all you can do is wait. :ranger:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi so I recieved my SAR today, I am so worried now! In 2008 I let my then partner use one of the Lloyds accounts I had. I knew he got it into trouble but he said he would sort it out. It says in the notes that I agreed for him to pay the remainder (I never spoke to the bank about this!) And he paid £30 a month until the balance was almost cleared until Jan 2010, only thing is the money he paid into the account was taken straight out to pay credit card. Where do I stand on this? His name is on the statements. Does this mean I am screwed?

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi so I recieved my SAR today, I am so worried now! In 2008 I let my then partner use one of the Lloyds accounts I had. I knew he got it into trouble but he said he would sort it out. It says in the notes that I agreed for him to pay the remainder (I never spoke to the bank about this!) And he paid £30 a month until the balance was almost cleared until Jan 2010, only thing is the money he paid into the account was taken straight out to pay credit card. Where do I stand on this? His name is on the statements. Does this mean I am screwed?

The claim is for the credit card, right? And he paid into a joint current account, then Lloyds used set off to take money from the current account to pay the credit card. To reset the clock, payments have to be made by the account holder or by someone acting on their behalf (such as a debt management company), not by the creditors themselves, otherwise all creditors would pay themselves £1 here and there to keep the accounts alive. I'd say set off is the bank paying themselves without your authority, so it shouldn't reset the clock as long as the last payment made by YOU was over six years before the claim was issued. ray:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Omg thank you flamingparrot for your reply! I paniced so bad when I saw this! Yes the claim is for the credit card, and the money was paid into a current account, I can prove all of my money went into my Barclays account (which I still use now) as I have all the statments. Thank god I have proof of it all now. Thank you for your help! 💐

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Omg thank you flamingparrot for your reply! I paniced so bad when I saw this! Yes the claim is for the credit card, and the money was paid into a current account, I can prove all of my money went into my Barclays account (which I still use now) as I have all the statments. Thank god I have proof of it all now. Thank you for your help! 

Bear in mind the burden of proof is in the CLAIMANT to PROVE that a debts is not SBd, however, it still pays to be prepared. :grin: :grin:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Bear in mind the burden of proof is in the CLAIMANT to PROVE that a debts is not SBd, however, it still pays to be prepared. :grin: :grin:

Afternoon. I know, it's just that I have seen a couple of threads where they have come up with false payments and also that they like to play dirty.

I recieved a letter from BC today saying

"We are writing to formally confirm our Client's intention to proceed with this matter.

We will send notification to the Court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solutions whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between the parties.

Please contact our helpful team on:............to discuss how we can come to an arrangement by consent.

We recommend you seek independent legal advice"

Do I need to reply to this letter? If so do I tell them I have proof that the debt is SB? Or should I just send them the SB letter?
Thanks for your help

[MIKE770]

Re: CCJ Claim form...HELP PLEASE!!!!

usual template response from them in last minute begging letters.