Hoist/? claimform - old LLoyds Overdraft debt ***Claim Discontinued***

[woo14]

Right, so I'm feeling a bit lost still! This is my attempt..

Not being versed in 'law speak' I am not sure if this is all relevant to my case and fits in with my defence.

Advice very much appreciated ��

 

WITNESS STATEMANT OF XXXXXXXXXX

 

I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1.It is admitted that I have held a current account with Lloyds in the past. The account was opened on or around xxx xxxx 19xx and used to facilitate the payment of my income and expenditure.

 

2.IIt is admitted that I accepted a facility/service offered by Lloyds to be able to overdraw to a limit set and reviewed by Lloyds on the balance of the above current account.

 

3.It is denied that I exhausted or exceeded the overdraft facility limit rather a residue created by Lloyds due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being unfairly applied to the balance. I will rely and contend on regulation 5(1) of The Unfair terms in Consumer Contract Regulations 1999 on this point.

 

4.It is denied that I defaulted on an “ agreement “ an Overdraft Facility is not an agreement but a service facility that can be offered or terminated at any time by the Bank who have full control to withdraw the facility if not happy with the way it’s conducted or serviced.

I understand that this is legally enforced by way of Notice served under Sections 76(1) and 98(1) of the CCA1974 to terminate and recall any lending’s which Lloyds failed to comply with.

 

5. Again it is stressed that I was never informed of assignment of this debt neither by the original creditor nor the assignee.

For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136).

Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

 

The assignment must be absolute.

The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

The assignment must be in writing and signed under hand by the assignor.

Notice of the assignment must be received by the other party or parties for the assignment to take effect.

 

Again it is denied any Notice of Assignment was ever received.

 

6. It is admitted on receipt of the claim form I did request information pursuant to CPR 31.14

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

Show and evidence service of Notice served under Sections 76(1) and 98(1)

 

And to show how the claimant has legal right either under statute or equity to issue a claim in their name

Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request the court expects parties to communicate to try to narrow any differences.

 

7.The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.Therefore their claim to section 69 interest is also denied. Dated 6/9/11 the alleged date of assignment which coincidentally is the same date that LLoyds allege the default/termination date was dated which infers that the account was defaulted and terminated and assigned on the same day and not allowing the statutory period to rectify any breach pursuant to Notice served under 76(1) and 98(1) of the CCA1974.

 

8.Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial.

 

I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

 

As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed.

 

It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out pursuant to CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

[AndyOrch]

Looks familiar...excellent witness statement for a current account overdraft:wink:

 

Regards

 

Andy

[woo14]

Haha! Thanks Andy

Is this what I need or is there anyone I need to add in?

Many thanks!

[AndyOrch]

If it fits your particulars of claim and defence...there should be no need to add anything further...you know the details of the debt and claim...and the reasons you object to the claim.

[woo14]

When should I submit? Shall I leave it until the last minute? Hearing is on the 27th April.

Many thanks

[AndyOrch]

Hi Andy,

Thanks for your prompt reply.

I have the 'Notice of allocation to the small claims track (hearing)' letter in front of me.

It details the location/time etc. It also states that the claimant must pay a £335 fee before 22nd February.

It also says that: 'Each party shall deliver to every other party and to the court offices copies of all documents (including and experts' report) on which he intends to reply at the hearing no later than 14 days before the hearing.'

I don't have any documents or witness statements?

Thanks

 

 

Regards

 

Andy

[woo14]

Good evening,

 

I knew 14 days was the deadline but I wondered if I should just send it now or wait?

 

If hoist had any paperwork I'm assuming they would have provided it to me by now?

 

If they don't have anything why pay the £325 costs?!

 

I understand it may be a speculative claim..

 

Are they just hoping I don't turn up to court?!

 

Thanks

[dx100uk]

its called intimidation.

[AndyOrch]

Good evening,

 

I knew 14 days was the deadline but I wondered if I should just send it now or wait? Wait until the deadline

If hoist had any paperwork I'm assuming they would have provided it to me by now? They are not required to until 14 days pre trial

If they don't have anything why pay the £325 costs?! They can always get a refund and discontinue...paying means nothing

 

I understand it may be a speculative claim..

 

Are they just hoping I don't turn up to court?! No ..they are hoping you dont understand the process or how to play the game...which appears possibly so...time to read other threads

Thanks

 

...dont send your early as you allow them more time to analyse yours and counter.

 

Andy

[woo14]

Hello,

 

I'm going to send my documents on monday 10th by special delivery (deadline 13th).

 

Am i right that i need to send the witness statement and a copy of the CPR 31.14 I sent months ago?

I have misplaced the darn proof of postage though

 

Could you read through this please Andy/DX and just make sure its ok/if there's anything i should add in?

I know its your handiwork Andy, but i've edited a few bits

Can't thank you enough!

 

1.It is admitted that I have held a current account with Lloyds in the past.

The account was opened on or around 01/2009 and used to facilitate the payment of my income and expenditure.

 

2.It is admitted that I accepted a facility/service offered by Lloyds to be able to overdraw to a limit set and reviewed by Lloyds on the balance of the above current account.

 

3.It is denied that I exhausted or exceeded the overdraft facility limit rather a residue created by Lloyds due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate.

 

I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being unfairly applied to the balance.

I will rely and contend on regulation 5(1) of The Unfair Terms in Consumer Contract Regulations 1999 on this point.

 

4.It is denied that I defaulted on an “ agreement “ an Overdraft Facility is not an agreement

but a service facility that can be offered or terminated at any time by the Bank who have full control to withdraw the facility if not happy with the way it’s conducted or serviced.

 

I understand that this is legally enforced by way of Notice served under Sections 76(1) and 98(1) of the CCA1974 to terminate and recall any lending’s which Lloyds failed to comply with.

 

5. Again it is stressed that I was never informed of assignment of this debt neither by the original creditor nor the assignee.

For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136).

Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

 

The assignment must be absolute.

The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

The assignment must be in writing and signed under hand by the assignor.

Notice of the assignment must be received by the other party or parties for the assignment to take effect.

 

Again it is denied any Notice of Assignment was ever received.

 

6. It is admitted on receipt of the claim form I did request information pursuant to CPR 31.14

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

Show and evidence service of Notice served under Sections 76(1) and 98(1)

 

And to show how the claimant has legal right either under statute or equity to issue a claim in their name

Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request the court expects parties to communicate to try to narrow any differences.

 

7.The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

Therefore their claim to section 69 interest is also denied. Dated 6/9/11 the alleged date of assignment which coincidentally is the same date that LLoyds allege the default/termination date was dated which infers that the account was defaulted and terminated and assigned on the same day and not allowing the statutory period to rectify any breach pursuant to Notice served under 76(1) and 98(1) of the CCA1974.

 

8.Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial.

 

I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

 

As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed.

 

It is therefore submitted that the claimants be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out pursuant to CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………………

 

Dated on the day 10th April 2017

[woo14]

Ooh and do I serve the copies to cohen or hoist??

[Guest]

disclosure to the sols acting, if different from the claimant.

ie whats on the claim form re address for service.

[woo14]

So today is the 14 day deadline and I've received no witness statement from hoist.. What now?

[Guest]

So today is the 14 day deadline and I've received no witness statement from hoist.. What now?

give it a day or two re service. but, hopefully just await the notice of discontinuance

[woo14]

Fingers crossed Ford! If they deliver their witness statement to the court late, can I ask for it to be struck out?

Thanks

[Guest]

cld do. but prob not strike on its own, just on lateness (unless the order says so re non compliance). it wld prob be re sanctions. ie it not being admissible.

wait see what happens first before worrying about x y z.

[woo14]

Hello!

Well I have just spoken to the court and apparently the claim has been discontinued!

Is that it now?

Thank you everyone for your advice

[dx100uk]

well done CAG. and Ford,...

 

 

thread title amended

 

 

dx

 

 

 

 

 

 

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Please help.

[AndyOrch]

Well done woo....as anticipated.

 

Regards

 

Andy

[Guest]

yep, thanks to cag.

happy days woo, a few K off.

 

do consider a donation to cag if poss. however small or big

[woo14]

Hi guys!

Sorry for the delayed response!

I will most definitely forward a donation.. I couldn't have done it without your help!

Thank you so much

[Guest]

 

good luck with all else