1st Credit/Lcs Solicitors

[beero7]

hay all,

 

got my court hearing date today, 25th feb 09. still not heard from solicitor going to drop them a line monday.

[deepdebt]

Hi berro7,

 

Getting close now, so GOOD LUCK at court and keep us posted if you can.

[beero7]

Hi all,

 

it sure is close deepdebt, in court tomo.

 

well just a quick update, we received a letter from LCS solicitors today (thats right today and court tomo), it had enclosed a witness statement of Natalie Sookhoo (haven't got a barny who she is) and a claiments statement of cost for hearing 25 february.

 

Long story short from what i can make out, this person has tried to pick apart my application to set aside giving answers to my reasons to set asside. I must admit when the wife phoned and said they have sent all the paperwork i requested i was bricking it.......... that ended when i read it.

 

What a compleat joke i am really looking forward to going in to court now,

 

My reasons for set aside,

 

1, I do not acknowledge or reconise the debt to the claiment.

To this they have sent a copy of the original application form for the M.B.N.A credit card. ( it has no terms just a bog standard app form )

 

2, The claiment did not serve me with a default notice before filing claim.

To this they have said " I contend that this is a matter for MBNA and the claimant is not required to file a default notice. (Surely they do???:?)

 

3, I did not recieve notification of the claim nor particulars of claim before the hearing and a judgement was givin in default in my absence.

To this they say " The claim form was sent to the Defendants last known address, Known to the claimant as ****Blah blah blah***** on the 04 September 2008 and therefore deemed served under rule 6.7 of the Civil Procedure rules. Indeed this is the address given by the defendant in his application. ( the judgement was made on the 6th June 2008 so how did they serve me the papers on the 04 september 2008 thats 3 months after the court date and i never received them then or even received them now)

 

 

Also in the statement under a heading Correspondence, They confirm that they recieved my CCA on 26th June 2008 and nobody replied.

And on the 14th Sept 2008 they received my indefault to CCA letter and they replied on 18th sept 2008 with a letter saying they have requested the information from the original creditor. ( i still have not received this information only a copy of the application form attached to the witness statement)

 

I did try to keep it short sorry

[ODC]

I see she has lots of experience

 

From The Times

March 14, 2008

Calls to the Bar and High sheriffs announcements

Lincoln's Inn

 

Elinor Jane Hoile, Clare Trudy Alison O'Neill, Khandaker Mohammad Musfiqul Huda, Kathryn Elizabeth Griffiths, Amber Qureshi, Hasan Mahmud, Mohammad Mazibur Rahman, Mohammad Jahirul Islam, Carol Vindra Solomon, Raja Atif Afzal, Sheikh Golam Sarwar, Hemantee Sanmukhiya, Faiaz Zibran, Mohammad Omar Faruque, Sadia Saif, Azizun Nessa, Charleen Sabrina Buchanan, Khaled Abdul Moyeed, Atif Waheed Kaudri, Leela Rebecca Widger, Saqib Mahmood Chaudry, Mia Muhammed Quamruzzaman, Hela Boussif, Lee Patrick White, Tommy Kwabena Offe-Amoyaw, Alistair Chong Chou Ai, Lisa Fay Robinson, Ismail Idowu Salih, Meral Birinci, Aneesha Bhunjun, Seema Matlib, Gareth Davies, Mohammad Solaiman, Mieko Kuchar Bond, Mohammad Anisur Rahman, Maudud Ahmed Khan, Caroline Jones, Ameeshi Seenauth, Neil Alfred Burn, Matthew James Savage, Qazi Umair Ali, Sayed Mynuddin Marfat, Natalie Devina Sookhoo, Thomas Charles Edwards, Kashif Iqbal, Ashley Copley, Umar Yasin, Laura Dalla Vecchia, Phavan Uppal, Jordan Rhys Howells, David Edward Harold Nutting, Margaret Mary Parr,

[The GodMother]

lol

 

So they served on u papers 3 mths after they got deafult judgement.

 

God they are writing it themselves

[babybear39]

Good luck and best wishes for today beero7. *hugs*

[42man]

Watch that bit about the default notice....remember they have been assigned the rights AND duties by the original creditor under the Law Of Property.

 

Also remember that some judges may not know the CCA1974 and the prescribed terms....

 

A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

Rights and Duties

CCA74 s189(1)

“ creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;

CCA74 189 (1)

“ debtor “ means the individual receiving credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement includes the prospective debtor

 

Also the default notice would be invalid due to excessive charges on the account too....

 

No proof that the default notice is in the prescribed format....

 

.....do you have the relevant case law ?

 

As for not having received the paperwork, unless you have a change of address or proof that you weren't living at the address that the claim was posted, judges have been known to say I DON'T BELIEVE YOU...

[beero7]

hi all,

 

Well court hearings have been agurned, the judge was quite nice and i think felt for me over all this.

 

she has asked me to prepare a witness statement inresponce to 1st credits one and given me 3 weeks to send it to the courts and Lcs.

 

Then LCS would have 2 weeks to respond to it.

 

Got a appointment with a solicitor on tuesday who deals with this sort of stuff. the judge said my case looks good but i need to explain in more detail the why's and what for's , She advised i get legal help.

 

I'll post when i no more peeps

[ODC]

Have a look at the 1st Crudit page on Facebook and you may see someone called Natalie Sookhoo

 

Search | Facebook

[deepdebt]

hi all,

 

Well court hearings have been agurned, the judge was quite nice and i think felt for me over all this.

 

she has asked me to prepare a witness statement inresponce to 1st credits one and given me 3 weeks to send it to the courts and Lcs.

 

Then LCS would have 2 weeks to respond to it.

 

Got a appointment with a solicitor on tuesday who deals with this sort of stuff. the judge said my case looks good but i need to explain in more detail the why's and what for's , She advised i get legal help.

 

I'll post when i no more peeps

 

Hi berro7,

 

Again doesn't sound to bad to me, things keep moving forward!!

 

I am sure given the help available you will be able to prepare a good defence, re solicitor that sounds expensive?

 

Good luck, hopefully on the home straight now.

[rory32]

I appreciate that you have a lot on your plate at the mo' but please do do as 42man urged you earlier in the thread and report 1st Credit to the OFT. They are already in the brown stuff as far as the OFT are concerned and they have imposed requirements on 1st Credit The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

 

The full list of the requirements that 1st Credit need to follow is here

 

Any complaints about non-compliance should be sent to: Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

[email protected]

[babybear39]

I appreciate that you have a lot on your plate at the mo' but please do do as 42man urged you earlier in the thread and report 1st Credit to the OFT. They are already in the brown stuff as far as the OFT are concerned and they have imposed requirements on 1st Credit The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

 

The full list of the requirements that 1st Credit need to follow is here

 

Any complaints about non-compliance should be sent to: Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

[email protected]

 

Thanks for that gem Rory

 

It's made my month :lol:

[beero7]

hi rory,

 

what do i comlain about? what i mean is i just tell them all the things 1st cred have falled to do, how they have treated us so on and so on or do i have to quote law to them?

 

i have wrote to my local mp but not heard anythin yet.

 

i want to do all i can to help kick them hard in the B**ls :D

[ODC]

Worst Credit are under close scruitiny by the OFT and have received a severe warning

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186046-there-god-1st-credit-6.html#post2004494

 

Please report them to the OFT and keep at your MP

[rory32]

what do i comlain about? what i mean is i just tell them all the things 1st cred have falled to do, how they have treated us so on and so on or do i have to quote law to them?

Just explain to the OFT how 1st Credit have treated you and all the things they have failed to do, etc. You don't need to quote the law to them as the OFT will know which laws/regulations 1st Credit are choosing to ignore.

 

While they can't take on individual complaints what they can and will do is use your complaint and others like it to assess 1st Credits fitness, both in terms of holding a consumer credit license and in terms of any fines the OFT may impose on them.

[deepdebt]

Hi berro7

 

Just wondered if you had any news?

 

Otherwise I hope all is going well.

[beero7]

hi all,

 

just a quickie, got a solicitor involved now who seems extreamly confident to get this set aside and then defend a case too. ( he did say if its set aside he thinks it would be unlikely 1st crud wud put another claim in).

 

but another company wud prob try their luck