Newbie

[New Dim]

Hello, always a bit daunting making a first post , however I already feel part of a friendly and helpful community, after reading some of the posts, it gives me comfort in the knowledge that people are there to help and share their experiences in this difficult time.

Am going through a situation with First credit at the moment and LCS Solicitors, they seem to be the subject of quite a few posts here and would like some advice or guidance on how to deal with them on my wifes behalf, who is being chased for £12,534.27 plus £4,320.00 interest and charges, which was originally passed to them by LLoyds bank for an agreement she never had approx 5 years ago, this was also given to Meritforce by First credit on the 28/2/06, We have received a Court summons from Northampton CC Stamped, issued by LCS, I intend to dispute this debt in full.

1 Can I get this transferred to a local court, as it would be impossible for us to travel to Northampton as we are both pensioners.

2 Can I act on my wifes behalf as her litigation friend

3 The summons was issued on the 9th and has 14 days starting on the 14th of this month for me to aknowledge service, and prepare a defense.

They issued a Statutary demand notice on 24/11/07 date of assigment from Lloyds was 20/1/04, we ignored this as we felt it was a frightener, does this constitute harrassment and or unethical practice, by Ist Credit/LCS. In passing I would mention that we have had no direct communication with these people either by way of letter or telephone conversation.

Apologies for being so long winded, but some guidance would be of a great help.#

Thank you

New Dim

[saintly_1]

Hi and welcome to CAG

 

I will see about getting your post to another forum where you will get the necessary help

 

 

saint

[bizilizi21]

Hello

 

Ive just joined and I can't find where to post a message!

 

bizi

[saintly_1]

biz click on this link http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html it tells you how to do things on the forum

 

 

saint

[rory32]

Thread moved to Legal Issues Forum.

[rory32]

1 Can I get this transferred to a local court, as it would be impossible for us to travel to Northampton as we are both pensioners.

 

Yes. It will be automatically transfered when you state you will defend in full.

2 Can I act on my wifes behalf as her litigation friend

You would need permission from the court. Is there a reason why your wife can not represent herself?

3 The summons was issued on the 9th and has 14 days starting on the 14th of this month for me to aknowledge service, and prepare a defense.

No. You have 14 days to acknowledge then a further 14 days to enter a defence.

[New Dim]

Yes. It will be automatically transfered when you state you will defend in full. You would need permission from the court. Is there a reason why your wife can not represent herself? No. You have 14 days to acknowledge then a further 14 days to enter a defence.

 

Thank you rory32, for a quick response, have you transferred my post to the legal issues forum indicated in the post above, not sure.

 

Question? is it possible to get a case adjourned or is the time limit set in stone for judgement.

 

Is it in order to reply to LCS, denying debt, and indicating our intention to defend this in court. Asking for details of date of assignment, and any other information requested to enable a defence be put together.

 

Thanks once again, I will certainly contribute to this site, I did try the button for donation but it was out of order

 

New Dim

[rory32]

Thank you rory32, for a quick response, have you transferred my post to the legal issues forum indicated in the post above, not sure.

 

Yes. If you look at the top of the page you will see that this thread is in the Legal Issues Forum.

Is it in order to reply to LCS, denying debt, and indicating our intention to defend this in court. Asking for details of date of assignment, and any other information requested to enable a defence be put together.

Yes you can send them the following by special delivery giving them 14 days to supply the information. There is no fee for this information as it is requested under the Civil Procedure Rules.

 

 

In the matter of

XXX vs (defendant)

Claim Number XXX

In XXX Court

Solicitors Address

DATE

YOUR ADDRESS

 

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the (date). If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

 

 

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

 

Yours Sincerely,

 

 

XXX (Type, don't sign your name).

 

 

If they don't comply the judge will usually grant an extension of a couple of weeks. If they still don't comply with your request for information then it is very likely that the case will be thrown out.