Fizzbuzz v 1st Credit - in court this week to set aside SD**WON**

[fizzbuzz]

..............

 

As you will see below, I had put loads of stuff about my defence for a court date with 1st Credit to set aside SD & then I read on another thread that they monitor this forum so I have now taken it all off - am I being paranoid or is this really a problem?

Edited August 30, 2008 by fizzbuzz
Apologies - I put a load of stuff on here & then read that 1st Credit monitor this forum so have removed it for now.

[2Grumpy]

Unless you were posting something that would be a surprise to them, then there shouldn't be a problem.

 

Mask any personally identifiable stuff - account numbers, names, addresses, actual amounts.

 

Your most likely reason will be the lack of an enforceable CCA or an incorrect amount and they will already know that!

 

You could always put stuff back here for the day (will 1st credit look on a Sunday?) if you want advice on something different. You would get advised to remove it if there was something that sensitive.

[fizzbuzz]

...........

Edited August 31, 2008 by fizzbuzz
.............

[fizzbuzz]

Hi, I have found this site VERY useful in putting together my responses to this Statutory Demand so I wanted to let people know that I have been to court today and the judge agreed there was sufficient reason to set aside the Statutory Demand that 1st Credit had issued against me.

 

I was able to demonstrate that:

 

• 1st Credit had not complied with the Consumer Credit Act 1974 s127 (3)
  
• 1st Credit had not supplied a copy of an original signed credit agreement with prescribed terms & the documentation they had supplied (application form) was therefore unenforceable
  
• 1st Credit had not supplied a copy of the executed deed of assignment for the alleged debt and there was therefore no proof they were entitled to collect the debt
  
• The amount of the alleged debt included a substantial sum of unlawful penalty charges and 1st Credit had not provided a statement of account as requested under s78 CCA 1974 so the amount of the debt was in dispute.
  
• 1st Credit has acted contrary to several sections of the OFT Debt Collection Guidelines in its methods of pursuing this debt
  
• The Statutory Demand was not issued in accordance with the Insolvency practice directions CPR PD INSOLV 11.4
  

I provided much more detail and case law examples for these points where necessary.

 

1st Credit did not turn up.

 

I submitted costs and the judge agreed to £65 of costs. The judge was very pleasant and it only took 10 minutes.

 

So, what should I expect next? ;-)

[42man]

Excellent result !!! well done Fizz...!! the next stage will be to pursue 1st Credit's costs.....if they don't pay up, then take them to court.....and if you have to go to their offices with bailiffs, make sure you take some camera crews from your local BBC TV station, and the national press...

[PGH7447]

:DWell done, and do exactly as 42man says

[Having_A_Knightmare]

If 1st Credit did not turn up surley it should have been thrown out anyway.!!

 

Did then judge say anything about there illegal tatics

[fizzbuzz]

Thanks for all your replies. I'm not sure whether the judge could still rule in favour of the Stautory Demand as 1st Credit didn't turn up. I suppose if I had no evidence to offer that the debt was in dispute etc, the judge could refuse to set aside the SD. I expect they're more likely to favour people who actually bother to turn up though!

 

The judge didn't say much about the whole thing, I think he found it a bit amusing actually & asked me if I was studying law!

 

I'll wait to see if 1st Credit pay my costs within the alloted time & then see what action I can take if not.

 

By the way, should I get this thread moved to the 'sucesses in court' folder? If so, how?

[Having_A_Knightmare]

FB

 

What stuff did you take to Court with you and why did you only ask for £65.

 

HAK

[saintly_1]

Well Done

 

Thread moved to the successes

[Sleepless Nights]

Well done Fizz

 

I am delighted for you

 

I received one from them last week so have written to them for CCA

 

Any advice as to what you did that I could do will be greatly appreciated

[fizzbuzz]

HAK - I took to court my detailed arguement in support of my affidavit including examples of case law, claim for costs, copies of all letters to/from 1st Credit etc. I did claim more for costs but the judge would only allow 5 hours litigant in person rate rather than what it actually took me. From what I had read on LITIGANT IN PERSON: COSTS - LITIGANTS IN PERSON I was not surprised that the judge put a cap on the amount of hours it was reasonable for me to have spent on this in the court's view but it's a shame as the hours I claimed was the time I spent dealing with this. I also claimed mileage and parking fees for attending court which were agreed.

 

Sleepless Nights - all that I did for dealing with this was to have a good look at the information available to me from these consumer forums, see how it applied to my own case and follow the court process carefully. Hopefully they won't turn up to your hearing either. I suspect it's expensive for them to do so. Good luck! I'm now waiting to see what they throw at me next.

[Sleepless Nights]

Did you apply for your set aside while you were waiting for your CCA or did u wait until the time limit was up?

[fizzbuzz]

Did you apply for your set aside while you were waiting for your CCA or did u wait until the time limit was up?

 

I applied for the set aside anyway as time was quite tight for getting it all back to court by the time I realised I really had to do something about it!

[Sleepless Nights]

How did you go about applying for it & how long did it take

 

Was it your local county court?