1st Credit Claimform - MBNA debt i never had - **DISCONTINUED**

[AnimalMagic]

CCA request has been delivered by special delivery and my cheque cleared. Awaiting response...

[Belaflat]

If its any comfort to you, I had the SD followewd by the same letter re position to present petition.

 

I ignored and am still here and solvent......well, by that I mean not made bankrupt.

[petrified]

HI

 

i have had dealings with these people

 

they sent me a stat demand which i ignored however then they informed me they were issuing a bankruptcy petition against me

 

i checked at my local court and they had done this

 

i sent a cca request to them and a S.A.R

 

we have had contact back from them since saying they have withdrawn the bankruptcy petition until they produce the information asked for

 

only 6 days to go before they commit a criminal offence (one month limit)

 

what i am saying is dont ignore these people as they are underhand go to your local county court to see if they have applied for bankruptcy

 

but hit them with a cca request now!!!!!

 

these people will bully you and back you into a corner trying every lie possible to scare you in to paying up,

 

best of luck

[AnimalMagic]

Thanks for the comments... I'm not too bothered by it as I don't believe I owe any money - I've asked for proof of debt which has not been forthcoming. Just a hassle which one could do without... I am going to contact the courts, but didn't have an opportunity last week. If they do present a petition, it will be defended and damages sought. A letter will be going off to my MP as well...

[ODC]

The CCA request is a good way to call CONnaughts bluff

[AnimalMagic]

An update: received a letter this morning saying they were withdrawing the SD and returning the file to 1st Credit as they 'do not hold a copy of the original agreement'.

 

Will be compiling a complaint to the OFT and copying it to my MP.

[tomterm8]

OK. Did you send an set aside application to the courts?

 

(PS keep the letter forever;)

[babybear39]

Frame it

[ODC]

An update: received a letter this morning saying they were withdrawing the SD and returning the file to 1st Credit as they 'do not hold a copy of the original agreement'.

 

Will be compiling a complaint to the OFT and copying it to my MP.

BARSTEWARDS.!!!!!!

Had you not responded to them with the help of CAG they would have went ahead and got a judgement against you by default even though they had diddly squat to prove it. They are UTTER **** and beneath contempt:mad:

[babybear39]

I agree completely with ODC

 

Well done you AM for doing the right thing *hugs*

 

PS: Mods, we need a *hug* smiley please

[AnimalMagic]

This has resurfaced. 1st Credit have sent me a demand for full payment. No CCA has been supplied. Am I correct in believing they are committing a criminal offence? If so, who do I report them to?

 

Note that the CCA request was sent to Connaught, not 1st Credit.

[ODC]

For the sake of a quid I would send 1st Credit a CCA. Obviously if CON naught couldnt aquire one then 1st are unlikely to have any more luck

[babybear39]

As the account is still in dispute re non compliance of CCA request just remind 1st credit of this reffering them to their own file which was returned to them by connaught. Put this in your letter to them 'cos a lot of DCAs have trouble understanding OFT guidlines and unfair practices

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

g. failing to refer on to the creditor reasonable offers to pay by instalments

h. not passing on payments received within a reasonable time resulting in

delays that adversely affect a debtor's financial position.

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

I've highlighted the ones that apply to you.

 

Good luck and best wishes.

[AnimalMagic]

I've had numerous letters from 1st Credit stating I owe money to various organisations which I've never had any dealings with. Yesterday I received court papers from the northampton court with 1st Credit starting legal action. The alleged debt was with MBNA whom I've never had a account with and the account number (a credit card) is not one of mine past or present.

 

I have located a letter from them dated in Oct 2007, using the same reference, in which they state 'the contents of my letter have been noted' and then they ask me to call them. I believe this may have been a request for proof of debt, but I have been unable to locate a letter from myself around that date. I certainly remember asking them for proof of debt at one point, with no response, but it may be for one of the other accounts they claim I owe money on.

 

I've sent the letter in post 3 here. Is there anything else I should do (apart from notifying the court of my intention to defend)? Should I also send a CCA request?

[42man]

This is diabolical !!! OK....acknowledge the receipt of the claim (that has to be done within 14 days of the date on the claim form) If defending then state that....(but it is too early to file a defence yet) you have a further 14+3 days to submit this.....(PLEASE KEEP AN EYE ON THE TIMESCALES....

 

In the first instance send this by recorded delivery to the opposing solicitors (or whoever's name is on the claim form)....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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

 

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

b. 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 formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. Copies of statements for the entire duration of the credit agreement.

 

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

 

4. Proof that the debt is not barred by the statute of limitations act

 

 

I will require this information within the next fourteen days. 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,

 

XXXX (type, don't sign).

[AnimalMagic]

Yes, that's basically what I have sent.

 

Also found my previous thread about another account they claim I owe money on, where they issued an SD against me (by second class post). I issued a CCA request and they withdrew the SD and admitted they didn't have an agreement. They're still sending me demands for payment though...

[AnimalMagic]

Well there's been no response from 1st Credit. I guess I should give them a couple of days, but I'm running short of time so I'm wondering how to respond to the court.

 

Having asked for proof of debt last oct, is this a valid defence? Is their breach of CPR 16.4.2.a a valid defence? Anyone give me an example of a defence where you have no information to work on

[42man]

OK so nothing back at all.....give me a few moments i'll try and find some defences....

[AnimalMagic]

Woo that was quick

[42man]

Have a look at these.....have a really good read and try and understand what is being said....you might need to do a bit of mixing and matching !!!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/123005-application-form-barclaycard-no-8.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/157114-c-l-finance-defaults.html - you'll have to miss out points 5, 6 , 7 and 8 on this one as you haven't sent the CCA request, but the disclosure of documents covers this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/140032-hsbc-county-court-claim.html - defence document is in post #12 with an amendment in post #13

[42man]

The last one is probably the best (but that is my opinion).....but if you need any more help, give a shout....

[42man]

And have a trawl through the Legal Success forum too....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[pt2537]

If you never ever had any products with MBNA then you can apply to have the case struck out as it would be disproportionate to go to full trial over something that will never be proven by virtue of the fact you never had an account

[AnimalMagic]

Thanks 42man,

 

I've had a quick read, but I think I need to sit down for a quiet 40 hours+ and digest!

[AnimalMagic]

If you never ever had any products with MBNA then you can apply to have the case struck out as it would be disproportionate to go to full trial over something that will never be proven by virtue of the fact you never had an account

 

Their POC says

The Defendant was indebted to MBNA Europe Bank Ltd for credit advanced. The debt was assigned to the claimant. Notice of assignment was given to the Defendant.

The claimant claims the debt due from the defendant of £3877.96 together with interest at the rate of 8% per annum persuant to section 69 of the County Courts Act 1984 amounting to 1152.60 and also claims further interest until judgement or sooner payment at the daily rate of 0.85

Total amount claimed is 5320.56

 

I have never had an MBNA account, but I understand that MBNA do buy up lots of debt. The account number specified in 1st Credit's letters do not match any credit account that I have ever had (at least to my knowledge).

 

Any pointers to a defence asking for this to be struck out?

Edited October 10, 2008 by AnimalMagic