Allocation questionaire help please

[MAR1KOS]

I have a claim against me by my bank :
POC :
1.loan agreement
2.defendant indebted to claimant sum £9000
3.in breach of agreement .The claimant issued default notice
4.by letter on xxxxxx, from claimants to defendant demanded repayment of the said sum
5.In the premises the defendant is indeted to the claimant in the sum of £9000
6.The claimant therefore claim the balance of £9000

I sent a CPR 31.14 I only got back the credit agreement from the the claimant.
default notice they state they dont keep a copy under CCA 1974

my defence was based on:
A) Unfair relation under section 140a of the CCA
I approached the claimant ( Bank lending manager) for help when i was under financial difficulties
For 6 months no help besides :
*1 month payment break with interest
*suggesting a re-mortgage to convert the loan form unsecured to secured. but it failled after credit check.
*offering another 3 payment break with interest ..i refused
*defaulted after 6 months of negotiations seeking help
*complaint to bank they offered apology with redress, temporary arrangement with 6 months interest refund and apology letter with £50 cheque for inconvenience.
B)RENGING ON AGREEMENT :
*While under above arrangement DCA got involved and harassement letters received unil court proceedings received by Bank.
*The outstanding balance in the POC claim is wrong as the interest refund was never deducted.
C)BREACH of section 77A of the CCA 1974 required statement for fixed sum credit agreement
*After first year of the loan i requested the annual statement under s77a of the CCA 1974I never got a reponse nor statement.
*year 2 of loan i got the annual statement as required, year 1 never sent.
D)Loan was provided instantly without checks and high interest rate 25% APR over 7 years, hte loan was for consolidation ( the credit cards interest was about 15%)
E)Breach of section 87 Need of Default notice not sent to me : put the claimant to strict proof to produce it and proof of postage.

I received the ALLOCATION QUESTIONAIRE I need urgently help to fill it especially SECTION D Case M anagement: What amount of the claim is in dispute : Is the whole balance or if using breach of section 77A no interest during the period of non-compliance or anything else regarding unfair relation under section 140a?
SECTION I "Other information" : what shall i put in here ?
Thanks in advance for your help

[Never-In-Doubt]

Re: Allocation questionaire help please

I'll pass you over to Paul, see if he can help - he's who we usually refer claims over to as he's pretty clued up and a damned good litigator...

Who is the OC and who is the claimant?

Thanks

[Undercover Elsa]

Re: Allocation questionaire help please

Hi MAR1KOS

AFAIK if you dispute anything but the whole balance you'll end up with a CCJ...

They don't normally keep copies of DN's, but will no doubt happily "reconstruct" a compliant one on request. You'd need to inspect the comms log for proof of issue if you never received one.

When was the loan taken out and have you had the agreement checked for enforceability?

Paul's the guy you need to speak to...

[Paul.]

Re: Allocation questionaire help please

I have a claim against me by my bank :
POC :
1.loan agreement
2.defendant indebted to claimant sum £9000
3.in breach of agreement .The claimant issued default notice
4.by letter on xxxxxx, from claimants to defendant demanded repayment of the said sum
5.In the premises the defendant is indeted to the claimant in the sum of £9000
6.The claimant therefore claim the balance of £9000

I sent a CPR 31.14 I only got back the credit agreement from the the claimant.
default notice they state they dont keep a copy under CCA 1974

my defence was based on:
A) Unfair relation under section 140a of the CCA
I approached the claimant ( Bank lending manager) for help when i was under financial difficulties
For 6 months no help besides :
*1 month payment break with interest
*suggesting a re-mortgage to convert the loan form unsecured to secured. but it failled after credit check.
*offering another 3 payment break with interest ..i refused
*defaulted after 6 months of negotiations seeking help
*complaint to bank they offered apology with redress, temporary arrangement with 6 months interest refund and apology letter with £50 cheque for inconvenience.
B)RENGING ON AGREEMENT :
*While under above arrangement DCA got involved and harassement letters received unil court proceedings received by Bank.
*The outstanding balance in the POC claim is wrong as the interest refund was never deducted.
C)BREACH of section 77A of the CCA 1974 required statement for fixed sum credit agreement
*After first year of the loan i requested the annual statement under s77a of the CCA 1974I never got a reponse nor statement.
*year 2 of loan i got the annual statement as required, year 1 never sent.
D)Loan was provided instantly without checks and high interest rate 25% APR over 7 years, hte loan was for consolidation ( the credit cards interest was about 15%)
E)Breach of section 87 Need of Default notice not sent to me : put the claimant to strict proof to produce it and proof of postage.

I received the ALLOCATION QUESTIONAIRE I need urgently help to fill it especially SECTION D Case M anagement: What amount of the claim is in dispute : Is the whole balance or if using breach of section 77A no interest during the period of non-compliance or anything else regarding unfair relation under section 140a?
SECTION I "Other information" : what shall i put in here ?
Thanks in advance for your help

Defence looks kinda lacking on the Irresponsible lending guidance, seems the lender failed to follow part 4 of that guidance

In respect of the AQ, that really does depend on what you are fighting

If you are fighting for the full debt to be erased then thats the amount in dispute,

If you are happy to pay them the loan of £9k then i would question what youre fighting for in the first place

So id say at a guess its £9k were disputing if thats what their claim is

[MAR1KOS]

Re: Allocation questionaire help please

Thanks all for your reply:
The OC is the claimant
When i asked for help during finacial difficulties the Claimant offered an apology and redress, including 10 months interest refund £1400.
To start with this amount has never been taken out of the outstanding balance, which should be £7600. Their Particular of claim is wrong.
Breach of section 77A of the CCA 1974 statement year 1 never received, no interest during period of non-compiance about £4500 making balance outdstanding £4500.
Breach of section 140a unfair relationship.
Irresponsable lending was included in the defence too.

[Paul.]

Re: Allocation questionaire help please

in that case surely you are fighting the whole balance?

The Court has broad powers under s140 and may discharge the whole debt, may lower the debt or may do anything it deems fit, so id suggest you are fighting the whole claim, no?