1st Credit Ltd - Summons Issued **WON **They Discontinued**

[nimjacole]

thanks, look forward to hearing from him

[nimjacole]

Originally Posted by Curlyben

Has 1st responded to your CPR request at all ??
As this should show all of their evidence.

I have never received any form of documentation if that is what you mean. The only thing received is a copy of the default letter sent by 1st which is incorrectly addressed to me even though they had my full address at the time the letter was supposed to have been sent it was sent to a previous address!

[pt2537]

Hi there

Right, WOW, where to start......


ok , firstly, the alleged communication offering 3800 , now then, if you cant remember offering this and they have produced no substantive proof how can we be sure this is the case.

for starters they are most likely reliant upon notes made on the account and what is to say these notes themselves are accurate.

now if they produced a letter with your signature on it then that's different but as it stands .... well i will leave you to ponder that one

But i say PROVE IT !!!!!

now then the issue of costs

Small claims track has limited costs, for starters, now they have instigated the proceedings, they have failed to supply you the info to help you thoroughly investigate their claims and they have failed to comply with a request for disclosure under the Civil Procedure Rules

i cannot see the judge based on those facts considering you unreasonable in this so i cant see him considering awarding costs against you. so i feel it is much a scare tactic as anything

Now they refer to telephone conversations, it is important that you do not speak to them on the phone from now on

personally, and this is my own opinion, i would consider writing to them asking for something with more substance, anyone can claim this and that, indeed i could claim you owe me five thousand pounds, would you pay me solely on the basis that i asked you to with no proof of debt? NO of course you wouldnt so why bow to them.

i can happily help you write a reply to them, it must not in any way acknowledge that your indebted to them but i will happily help you out should you decide this is what you want to do.

at the end of the day, its your decision as it is indeed your case, i can only advise and help you on whatever road you choose to follow


personally, i would not concede defeat at this point but that's my view

Let me know how you wish to go forward

regards
paul

[The GodMother]

well it looks like they are barking up the wrong tree then.

Chrissi

[scorterooney]

Originally Posted by nimjacole

Further to our letter I have reviewed your account history and see that you were notified by HSBC of a default on your account on 16th June 2000. Subsequently, you made an offer of repayment of the debt by instalments of £20 per month (I really cannot recall making this offer) You also made an offer of £3,800 in repayment of the debt in January 2003. (I also cannot remember this).

These offers of repayment amount to an acknowlegement of the debt. Pursuant to s.29(5) of the Limitation Act 1980, the debt is not statute barred. We believe there is no substantive defence to our client' claim.

The costs involved in pursuing further legal action will inevitably be significant. Costs will include an allocation questionnaire fee of £200 and a hearing fee of approximately £500.



Please contact this office etc....


Can you please advise where I go from here. As obviously, if matters are continued then I will have to bear in mind the costs issue raised.

Thanks

Firstly, Good luck, and secondly apologies for butting on your thread.

Im also in the process of defending against First Credit and have just filed my acknowledgment with mcol - I have requested all the docs as you did and like others will prob be attempting to defend on not having CCA etc - the bit you typed above has worried me though as i have sent LOTS of letters over the past year and a half attempting to set up payment plans to no avail so will this count against me ?

Anyway, if anyone gets a chance id appreciate it if they could take a look at my thread here: http://www.consumeractiongroup.co.uk...edit-help.html and advise me on the above concern.

Hope you get this sorted - 1st Credit have to be THE worse and rudest dca out there so they deserve what ever they get !

[nimjacole]

Originally Posted by pt2537

Hi there



Now they refer to telephone conversations, it is important that you do not speak to them on the phone from now on

i can happily help you write a reply to them, it must not in any way acknowledge that your indebted to them but i will happily help you out should you decide this is what you want to do.

at the end of the day, its your decision as it is indeed your case, i can only advise and help you on whatever road you choose to follow


personally, i would not concede defeat at this point but that's my view

Let me know how you wish to go forward

regards
paul

Hi Paul

thanks again, I really cannot remember anything they say, in 2000 I remember I was still in this country and I had indeed defaulted on the loan I may have suggested at the time to HSBC that I make payment of £20 per month but I dont think that ever transpired. I became pregnant in 2001 and travelled for a little while with my husband. However, I did speak to 1st Credit a few times in 2006 and 7.

I think at the beginning of the year where I indicated that i might be in a position to pay something but they became really rude on the phone and I ended up just putting the phone done on the person I spoke to as he basically told me to pay up and that I wasnt in a position to negotiate!!!

I then had another conversation with a really nice lady I told her that I wasnt in a position to pay anything as I was at the time studying and had been going through a separation with my husband and that the house may be sold but my hsuband was still paying for the mortgage.

Anyway, to cut a long story short no money was ever sent for this debt and negotiations literally broke down between myself and 1st credit.

I would love for you to help me draft a letter as I feel that I can fight this because I cannot afford really to lose especially if I get a cost order against me so have to continue.

I therefore look forward to hearing from you with your draft letter.


Madge
PS. as I have said previously I haven't received any substantive documentation to back any of this up.

[ODC]

I wouldnt worry too much about any phone calls you may or may not have made. 1st Credit like most DCAs could not afford to record any calls because of the way their staff behave on the phone. They would leave themselves wide open to legal action. I think that reading between the lines fro 1sts solicitors that they are trying to back pedal their way out of this one. They seem to have failed to notice your request for information under the CPR rules so until they compy with this they would be on dodgy ground trying to run with this one. Stick with Paul's advice and you wont go far wrong.

[tomterm8]

I think the fact they have now offered a substantial discount suggests that, in fact, they are not entirely confident of winning.

They would be required to prove any allegations made, and have as yet failed to do so.

That said, you might want to offer a without prejudice, and without admitting liability, amount of - say - £1,200 (or even less). of course, it's up to you. I must admit, 1st credit are starting to interest me, as they have sudenly started claiming they were writing to me last year - yeah, right.

[ODC]

Originally Posted by tomterm8

I think the fact theave now offered a substantial discount suggests that, in fact, they are not entirely confident of winning.

They would be required to prove any allegations made, and have as yet failed to do so.

That said, you might want to offer a without prejudice, and without admitting liability, amount of - say - £1,200 (or even less). of course, it's up to you. I must admit, 1st credit are starting to interest me, as they have sudenly started claiming they were writing to me last year - yeah, right.

They have diddly squat why bother offering the clowns even 12p

[tomterm8]

Originally Posted by ODC

They have diddly squat why bother offering the clowns even 12p

You can never tell what they might ... "turn up"* at a latter date . I would also admit, I have seen cases where people with impecable cases have still lost at county court level, which people simply don't have the money to appeal.

There's also an legal advantage to a part 36 offer PART 36 - OFFERS TO SETTLE . if they accept it, you have no risks (and, lets face it, however good your case you can always lose at trial)... if they refuse, and are awarded less than your offer, then they are liable for all your costs, and a very high rate of interest (e.g. 10%). Some people try to get the offer slighly lower than their opponent would be willing to accept as a political tool, so that it less likely a judge will award costs against you if you lose, and MORE likely award costs against your opponent.

Maybe I'm just cynical... but the more I see of the british justice system, the less i think the results are predictable, and I often prefer a safe course.

* not that I would ever accuse any reputable DCA, such as 1st credit, of using photoshop.

[nimjacole]

I am not sure what to do now. Basically all I want is for this to go away and if it means going to court because the case is statute barred then surely I have a good case! so I'm confused as to why I would make Part 36 Offer ? or is it my belief that this is a tactical exercise just so that I am covered if any costs are awarded against me should i lose the case?

[ODC]

Im still of the opinion you should go the Statute Barred route. Unless they have WRITTEN acknowledgement of the debt by you they have nothing.

[tomterm8]

Originally Posted by nimjacole

I am not sure what to do now. Basically all I want is for this to go away and if it means going to court because the case is statute barred then surely I have a good case! so I'm confused as to why I would make Part 36 Offer ? or is it my belief that this is a tactical exercise just so that I am covered if any costs are awarded against me should i lose the case?

Hi, Nimjacole,

There's no right or wrong answer. as you can see, I'm more conservative than ODC, and so getting a large chunk removed from the debt while not taking any risks is quite attractive.

However, you do (at this stage) have a very strong case. I would say an 80%-90% chance of winning. so it would be quite understandable if you went on.

[nimjacole]

Well that was the route i was intending to take. I am just waiting to hear from Paul with draft letter to send off to them to see what evidence they have to substantiate their claims.