Backdoor CCJ Arrows/Cater - Old Lloyds Card debt - set aside ***Claim Struck Out***

[maybelate]

Hi everyone, I have today received a letter from the claimant which includes a copy of their witness statement which they claim that they have filed at court. The paperwork that has been sent includes a copy of the original application form, several letters from both parties, a reconstituted copy of the NOA, copy statements and a redacted deed of assignment and template default notice.

 

There seem to be a lot of reconstituted and redacted (whatever that means) documents, can anyone (Andy ) offer any advice please?

 

Thanks

regards

Maybe

[citizenB]

Have you done your Witness statement ? If not, you can go through theirs point by point - commenting/rebutting their statement.

[AndyOrch]

Redacted = To reduce to form, as literary matter; to digest and put in shape (matter for publication); to edit.

To censor, used by a government when parts of a document are kept secret and the remainder released.

(law) To black out text for other purposes, such as in law, when legally protected sections of text are obscured in a document provided to opposing counsel, typically as part of the discovery process.

 

Without sight of what they have disclosed MBL I really cant comment.

 

What date was this agreement made?

 

Regards

 

Andy

[maybelate]

Thanks for the replies CB and Andy. The agreement is dated 1998 Andy and in accordance with CB's advice I am thinking that I need to make a witness statement quoting relevant Case Law/Legislation which proves that what the claimant has provided is unsatisfactory e.g. I have not received a default notice for the agreement and in their statement they have provided a blank template Default Notice letter. What do you think Andy/

[citizenB]

A template default notice is of no use whatsoever, they can say they entered the correct dates for remedy.. but how do you know without sight of the original. If the company is consistently producing "bad" Dns, then chances are yours was as well.

[citizenB]

Righto, it was LTSB - they were always getting them wrong. They would either not send them and the first you would hear would be a letter from their solicitor **** that a DN was sent.. when in fact it never was.

 

Also..

 

District Judge Grand (Isle of Wight) handed down a judgment that is now causing LTSB major problems.

Lloyds TSB apparently did not amend their template in Oct 2008 when the amendments were made to the 1974 Act and the Default Regulations.

 

So from 2008 until around January 2011 , Lloyds TSB credit card default notices have omitted the information required by Schedule 2 Para 10a of the Default Regs.

 

District Judge Grand ruled that this was enough to defeat Lloyds TSB claim as he relied on Harrison v Link Financial Para 75 as the authority for a bad notice not allowing any enforcement.

 

Seems Lloyds have a problem

 

So when was your DN supposed to have been issued ?

[AndyOrch]

Hi MBL

 

Any chance you can post up their WS?

 

Regards

 

Andy

[maybelate]

Hi CB, I think that somewhere in the thread I said that the OC was LTSB but it isn't, the OC is Halifax They are saying that a copy of the template DN is attached to the WS which states that it would have been populated and sent at the time of default (no issue dates stated as one was never actually sent). I will post the WS up later this afternoon Andy.

[MandM]

Hi MBL.

 

Did you send a SAR to the OC?

 

The reason I ask is IF they did send a DN then this would/should be evident in the comms log detailing the date that the DN was raised/sent. If it's not there then it's likely that they didn't send one.

 

Apologies if this has been covered already as I haven't read right back through your thread.

 

Mike

[maybelate]

Hi Andy, here is the WS:

 

http://imageshack.us/photo/my-images/843/page1vt.png/

http://imageshack.us/photo/my-images/593/page2l.png/

http://imageshack.us/photo/my-images/607/page3w.png/

http://imageshack.us/photo/my-images/248/page4y.png/

 

REGARDS

Maybe

[maybelate]

Hi Mike, I did send an SAR to the OC a long time ago now. I have the paperwork in the loft, but can't really remember if there was a DN amongst it or not.

 

regards

Maybe

[AndyOrch]

Ok MBL

 

Basically they are asking for your defence to be struck out / Summary Judgment...have they made application? Have you been served a copy N244?

 

Regards

 

Andy

[maybelate]

No Andy, I haven't received anything from the court since the Notice of Allocation to the small track. I only received the WS yesterday though and I'm getting worried now, do you think the Judge might strike my defence out?

[AndyOrch]

No they want it struck out...I just wondered if they had made application for SJ.Without an application there is no possibility of SJ unless the Court makes its own decision of its own initiative. You need now to draft your own WS in response and the reasons as to why this must proceed to trial.

Did the court request WS from both parties? If so what date have you been given to respond by?

[DonkeyB]

Few Qs, maybelate – when was the last payment on this account? What was the nature of the dispute?

 

Did you SAR the OC?

 

Can you post copies of their templated default notice?

 

Also, does the recon ‘agreement’ comply with Carey v HSBC, ie. does it have your exact name and address on the front from the time the account was opened, plus a copy of the current T&Cs?

[maybelate]

Hi Andy, the NOA to small claims track (hearing) states:

 

by 5/12/12 the parties must send to the court and send to each other copies of all documents upon which they rely and copies of the written statements of themselves and their witnesses, if any, the documents and statements must include: 1. The credit agreement, 2. the DN, 3.The DOA and NOA. It is important to comply with these directions, failure to do so may result in the hearing being adjurned or the claimn or defence being struck out.

 

regards

Maybe

[AndyOrch]

Ah excellent ok MBL so a WS is required.

 

 

Have they sent a reconstituted agreement?

[maybelate]

They have attached a copy of the original application form Andy, with some T's & C's.

[maybelate]

Hi Donkey, yes, I did SAR the OC. I can post the template DN but not until Monday and that will be getting a little too close to the deadline for submitting my WS for comfort

[maybelate]

Hi, the deadline for the claimant file any documentation and to pay the hearing fee was last week so I checked on Friday and they had not paid and had not filed their WS even though they sent me a copy. I filed my WS on time last week. Can anyone advise what should I do now please?

[citizenB]

Hi, the deadline for the claimant file any documentation and to pay the hearing fee was last week so I checked on Friday and they had not paid and had not filed their WS even though they sent me a copy. I filed my WS on time last week. Can anyone advise what should I do now please?

 

Most courts are at least 5 days behind in their paperwork.. so you might need to give it a few more days. Sadly, the Creditors are usually given more leeway than a LiP

[maybelate]

Thanks CB. I think the Judge is only in court for one day a week and the deadline was last Wednesday so maybe I will ring again tomorrow or Wednesday. The hearing date is just over a week away now

[citizenB]

Thanks CB. I think the Judge is only in court for one day a week and the deadline was last Wednesday so maybe I will ring again tomorrow or Wednesday. The hearing date is just over a week away now

 

 

Time has flown hasnt it?

 

I find it very strange that they have sent you a copy of their WS but not filed it at court..

 

I have left a message for andyorch for his comments.

[maybelate]

I know CB time goes toooooo quickly Thanks for messaging Andy, much appreciated.

 

regards

Maybe

[Guest]

if they have failed to comply with directions as stated #166, then would be up to court what to do as per the poss consequences stated. depending on the circumstances.

otherwise, could consider making a move yourself re their non compliance, eg app'n for strike? see what andyorrch etc say.

Edited December 10, 2012 by Ford