LC Asset/Link/Kearns Claim Form #1 - Halifax CC

[AndyOrch]

Quote

Defence to be submitted before 4pm on Friday 16th June

 

Date of issue – . 26/04/23

 

Friday 26th May 4.00pm

 

 

 

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[AndyOrch]

On 11/05/2023 at 12:16, Andyorch said:

 

Date of issue – . 26/04/23

 

Friday 26th May 4.00pm

 

 

 

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Do you not get notification's by email when a post is made to your topic BT ?

[AndyOrch]

You better get it submitted by 16.00 otherwise that option will close over the weekend.

[AndyOrch]

Mmmmm my draft layout  

[AndyOrch]

Upload a redacted copy of their statement (+ Exhibits) please.

[AndyOrch]

12 minutes ago, Badtimes123 said:

I've read a number of TO threads now (fell to sleep at the keyboard last night ) but have a few questions please:

- Do I specify the payment arrangement in a TO or the claimant? I'm thinking 20% lump upfront plus 96 months of circa 60 squid.

You can make an offer but the claimant has final say but must be affordable

- Who decides repayment amounts if CCJ is granted? if the judge, then do I submit I&E at any point?

The claimant on a default judgment on a hearing judgment the judge and no you do not submit an I&E

Andy

[AndyOrch]

Yes its usually the best form of approach re Tomlin Orders catch them off guard and dont let them consider or prepare from a script.

[AndyOrch]

Yes the sol or whoever is dealing with claim number xxxxxxx and yes you must proceed with the directions they may not entertain a Tomlin.

 

 

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[AndyOrch]

Point 4 and 10 duplicate

Point 5 and 8 duplicate 

Try to keep to one para with regards the agreement...various paras duplicating the same.

Statement of truth is out of date refer to the claimants statement

 

 

[AndyOrch]

 

5 hours ago, Badtimes123 said:

2. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. The Defendant has not entered any contract with the Claimant.

 

(3) As at xx/02/2022 the Defendant owed Bank of Scotland plc the sum of 8,xxx.xx.

By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

11 duplicates your 1 you have already stated the process of assignment.

 

 

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[AndyOrch]

Not much mileage in challenging assignment Notices..judges are not concerned.

[AndyOrch]

16 minutes ago, Badtimes123 said:

Including Default Notice Andy?

Paper trail off the original creditor often confirms the default and issue of a notice...not having or being able to disclose the actual copy or being able to produce a copy less so. Creditors are not compelled to keep copies of the actual default notice so you will in most cases get a reconstituted version but must contain accurate figures/dates/format.

 

 

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[AndyOrch]

Your point 4 deals with that and puts them to strict proof .....but realistically they are not in a position to state that within their particulars they were not the creditor at the time of default but naturally assume the OC would have...so always worth challenging and if you get a DJ who knows his onions on the day may ask for further evidence from the OC internal accounts system. 

[AndyOrch]

2 minutes ago, Badtimes123 said:

I didn’t know that rule specifically

On your N157 on preparing a statement