Court Proceedings from very old debt

[echat11]

Hi have had this from Lloyds after sending SRA

how will this effect the defence as no way they arw going to return documents in time..

A SAR is a request for information, it has no standing in the Court process.

So you go on to prepare your Defence.

[optispart]

Ok great. Is it worth me continuing to try and gain the access request data at such a late stage?

[echat11]

Ok great. Is it worth me continuing to try and gain the access request data at such a late stage?

If you've sent a SAR request, they have to comply within 30 days. You might need to send a follow up letter, just reminding them they need to comply.

All information is good, there might be anomalies and contradictions in the information, it might help when you do your Witness Statement.

[optispart]

Hello ok so none of the requests have amounted to anything yet and as per ypur previous reply 26th is now here and we need to look at filing the defence.

what is your thoughts? Many thanks for everythinf!

[echat11]

Hello ok so none of the requests have amounted to anything yet and as per ypur previous reply 26th is now here and we need to look at filing the defence.

what is your thoughts? Many thanks for everythinf!

c) This is an example Defence, fill it in with the facts that you have at hand -

https://legalbeagles.info/library/gu...-court-claims/

[optispart]

Thanks i will do that.

in the section regarding statute barred shall i add that i dont recall acknowledgment between 2011 and 2019? And that no documents have been received to prove othwrwise? And then follow the rest of the guide for not receiving any documents from the claimaints

[echat11]

Thanks i will do that.

in the section regarding statute barred shall i add that i dont recall acknowledgment between 2011 and 2019? And that no documents have been received to prove othwrwise? And then follow the rest of the guide for not receiving any documents from the claimaints

You don't need to add anything,

If you haven't acknowledged in writing the debt in the last 6 years or made any payments against the debt in the last 6 years then it might be statute barred, you kind of need to be clear on it. If you say it's statute barred and it's not, you start to 'weaken' your defence. I don't think it's going to be statute barred, simply be cause payments were made in 2019.

[optispart]

In the Civil National Business Centre Northampton

Claim No: !!!!!!!!

LC ASSET 2

Claimant

And

M!!!!!!!!!

Defendant

DEFENCE

1.The Defendant received the claim L!!!!!! from the civil national business centre County Court on 06/05/2024

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 Loan Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Lloyds Banking group for provision of credit.

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

6.The Claimant’s Particulars of Claim states the agreement was entered into on 09/02/2011

7.The Claimants statement of case states that the account was assigned from Lloyds banking on or around 5/10/2011. The Defendant does not recall receiving notice of this assignment.

8.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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 13/05/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Kearns solicitors have not sent any of these documents to the Defendant.

11.On the 13/05/2024 The Defendant sent a formal request for a copy of the original agreement to Link Financial Ltd on behalf of LC ASSET pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

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.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[optispart]

Morning before i send this defence please can you let me know what you think on this?
i Have omitted the section regarding statute barred as you mentioned earlier just in case it weakens the defence...

[echat11]

Read it through a couple of times (remove my additional comments in red, check the dates), you can file it with the Court via MCOL, you should get an auto acknowledgement. I'd send a copy to Kearns, make sure you get Proof of Postage.



In the Civil National Business Centre Northampton

Claim No: XXXXXXXXX

LC ASSET 2

Claimant

And

XXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the Claim NO. XXXXXXX from the Civil National Business Centre County Court on 06/05/2024

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 Loan Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Lloyds Bank for provision of credit.

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

6.The Claimant’s Particulars of Claim states the agreement was entered into on 05/10/2011. Check this you have account opened on the 05/10/11, same date as the Default, it might be that they've made an error in their PoC

7.The Claimants statement of case states that the account was assigned from Lloyds Bank on or around 05/01/2023. The Defendant does not recall receiving notice of this assignment. Again you've put 05/10/2011.

8.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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 13/05/2024 The Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Kearns solicitors have not sent any of these documents to the Defendant.

11.On the 13/05/2024 The Defendant sent a formal request for a copy of the original agreement to Link Financial Ltd on behalf of LC ASSET pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

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.The Defendant respectfully requests the court orders the Claimant to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimant 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

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[optispart]

Thanks for this one final question before i send it on MCOL in section 7 i have put the same 2011 date again because it was sold Intrum then and not LC asset which was the 2023 date. Shall i just change this to the 2023 date. I hope that makes sense

[echat11]

Thanks for this one final question before i send it on MCOL in section 7 i have put the same 2011 date again because it was sold Intrum then and not LC asset which was the 2023 date. Shall i just change this to the 2023 date. I hope that makes sense

Yes, it should read 05/01/2023.

[optispart]

thanks I have now submitted the defence.

Also regarding Lloyds letter asking for many different forms of ID for SAR info should i just send them a reminder letter or get together the information they apparently need... none of it will match their systems anyway as the account has been closed 15 years!

[echat11]

thanks I have now submitted the defence.

Also regarding Lloyds letter asking for many different forms of ID for SAR info should i just send them a reminder letter or get together the information they apparently need... none of it will match their systems anyway as the account has been closed 15 years!

I would just send the requested information, minus signatures if you can.

[optispart]

Hi had the acknowledgement from court regarding defence.. i take it is now waiting game for the claimant?