1st credit help needed - Lombard bank

[chris60]

hi I took out a loan with Lombard bank in 2002. after a couple of years my husband left and i could no longer afford the repayments. i was dealing with connaught and was paying them 200 per month, which i could not afford and this then reduced to 100 per month. last year they stopped taking money from my account via debit card. i never checked why they stopped taking it as i was happy with the extra money.

i have been in a financial mess and starting to get things straight, then today received court papers from Judge and Priestly saying the debt was assigned to 1st credit, first I've heard of it and claiming 10,147.49 pence.

Do i ask the court for more time to put a defense in?

Do I cca both Lombard and 1st credit.

Any help gratefully received.

[dx100uk]

who is judge and priestly, never heard of them?

 

ARE they court paper or is this a cleaver cut n paste

has it a case number and the name ans stamp of the court?

 

dx

[chris60]

well it looks official to me yes has a claim number and issued on 19th feb and has a court stamp on it

says judge and preistley solicitors 6 west street, bromley kent br1 1jn

claimant 1st credit finance lt

the omnibus buildinglesbourne road

reigate

surrey

rh2 7jp

[dx100uk]

phone the court first thing tomorrow and check

 

you can do it onlined but that costs £8

 

dx

[chris60]

I checked Judge and priestley out on the web and they exist at the address given, but strangely enough on the particulars of claim, it says at the bottom if you wish to speak to us regarding this claim then please call and gives a London phone number, do they do this on court papers?

Im a bit niave where all this is concerned.

 

thanks for your tip will phone the court tomorrow and cca both Lombard and 1st credit

[dx100uk]

no not usually, should be a blue document typically

what court is it?

 

i'd not bother with CCA's for now.

 

lets verify if this is real first.

 

dx

[the main man]

Can you scan up the document using photobucket (minus personal and

identifying details)

 

sounds a bit iffy to me?

[chris60]

northampton, its says

county court bulk centre

when i looked it up on the web,apparently anyone can electronically pay for papers to be sent and they are all sent from this bulk centre.

its basically white paper with blue inside then white boxes for the typing

there are four sheets

claim form

response pack

admission form and defence and counterclaim form

same number on all the pages

[the main man]

I would check by adding the claim number and password provided on the forms to the link below..

 

https://www.moneyclaim.gov.uk/csmco2/frontendcontroler?eForms_action=next_LoginCommand

[chris60]

thanks for that tried several times and it keeps saying its invalid

so looks like I'll be phoning the court tomorrow to find out for definite

I've tried several times this is what comes up

Error: The claim number entered is not valid. Please try again.

I'm still going to cca them anyway as I guess they dont have a valid agreement for this. going back to 2002!!

[comebackjimmy]

Sounds like you may have a valid County court claim on your hands. Do not panic at this stage. First we need to confirm that is the case. If it is you will get lots of help on this site to deal with it.

 

I have a number of letters from J&P who are, or seem to be, solicitors and have been used twice by 1st Credit on accounts they are chasing me for.

 

Here are a few questions I think may be useful to find the answers to:

 

1. Do you have the original agreement?

 

2. Was it just your loan or a joint loan with your husband?

 

3. Was it secured or unsecured?

 

4. If secured was it secured on a property you still have?

 

5. Was it sold with payment protection insurance?

 

6. Did you receive a default notice when you stopped making the full re-payments?

 

7. Did you receive a termination notice?

 

8. Did you receive a Notice of Assignment? If so who was assigned the debt?

 

9. Have you got copies of all the above?

 

10. How much of the original loan do you think you have paid off?

 

11. Does the claim match what you believe to be the balance outstanding?

 

12. Did you receive any debt collection letters after your last payment or a letter saying you would be taken to court (known as a letter before action)?

 

DON'T POST ANY DOCS UP AT THIS STAGE. Just line them up and post the answers.

 

If this turns out to be a genuine claim there are many avenues of defence so do not get despondent yet.

[comebackjimmy]

Just saw your post 10

 

As this may now be in the legal system you may not need to CCA them. You probably can ask for all the documents you need using the rules of the court process which would include most if not all of the ones I mentioned in my post 11.

 

Wait a while to see what other CAGers say about this, and other things in my post as I am by no means an expert, just trying to help.

[chris60]

thanks for the help, it is all gratefully recieved, to be honest its so long ago and so much has happened to me since then that i don't remember.

I think the original loan was for 20,000 but im not sure it could have been less.

i know we had been paying it for 2 years before my husband left, which was in 2004.

i then got into difficulty not enough money and all that with a young child and reduced the payments to 200 per month.

I think it was in joint names

I know it was unsecured

dont remember receiving anything about it apart from letters from connaught I dont even know how they got it, but I was paying them 200 per month, then had missed a few payments with them and they threatened to make me bankrupt and i had taken out a loan with welcome finance at that point and made a 4000 pound payment to them at that time. i then reduced my payment to 100 per month. they had my debit card details, then last year i noticed they weren't taking the money. i must admit i didn't question it, i now have a teenage daughter and the extra money came in handy and trying to pay other things and clear some smaller debts and begin to see a way forward again.

i must admit i dont listen to my messages on my answer phone and i dont always answer my calls, due to the fact that it was usually welcome finance looking for money!! so i didnt contact them to find out what was going on.

then out of the blue this appears, ive not been told the debt was passed to them. I didn't receive any letter telling me they intended to take legal action.

I'm not despondant about it, I'm happy to say i owe the money, how much im not sure to be honest i was more interested in surviving and getting through everything and trying to pay my way than how much i owed (probably doesnt make much sense, but i was depressed etc and getting from one day to the next was an achievement for me).

[chris60]

link to the first page of the summons

 

http://i394.photobucket.com/albums/pp21/TammyTheTiger/biccy60/bic01.jpg

[the main man]

They are asking for Statutory interest from 22/11/02 ??

[chris60]

i know i think i took the loan out about april 2002, sorry I'm not more help in remembering these things. i remember we got it before going on holiday. ill ask my ex if he remembers

[dx100uk]

ok well sadly that looks very real.

 

there are as pointed out many things to be done but dont rush around, you've got 14 days from the first bit to ack it, but then you have lots more time to do the important bits.

 

there are sev things that come into play here, & yes i dont like this bit about 8% back to 2002 dont think thats right.

 

now changing tack two things

 

as pointed, you need to get all the docs, and i bet its got PPI on it, so there is hope for a good portion of return here & i bet charges too! both you can get back +8%

 

you mention welcome finance, they are rip-off mechants so that loan you took out with them, prob again has all manner of PPI & INS you can claimback [not directly linked i know, but worthy to remember and do at a later date.

 

dx

[chris60]

Hi

thanks for all the help and suggestions.

welcome finance, I'm already dealing with them and have put my account with them into dispute as they did not respond to my CCA or SAR, not unknown from them, hence why i was receiving lots of phone calls and not answering my phone.

folk on those threads have been very helpful too.

as i say it was a surprise to get the court papers, obviously i dont have 10,000 to spare otherwise i would have paid it.

I am going to CCA them anyway but is it worthwhile trying to come to an agreement with them, in writing, at the moment and halt court action?

[chris60]

Im putting the 2 CCAs in the post recorded delivery today one to 1st credit, the other to Lombard. See what happens.

[comebackjimmy]

To other CAGers.

 

The issue date was 19th February 2010. By what date must the notice to defend be in? Is it a straight 14 days or is there some service time allowed. Whatever the date is it is that date that is the first deadline.

[chris60]

hi all, help please as time is going on, can i write to the solicitor explaining i had never received information that the debt was being assigned to 1st credit, that i had never had any information from them, and that i have asked them and lombard for a copy of my original agreement, and in light of this will they put the court case on hold?

Thanks for any answers

[chris60]

is it worthwhile writing to the solicitors and informing them that i have asked their client and the orginial loan company for copies of the original loan agreement and asking for them to stop the court action until i have been given that information?

 

Thanks

[chris60]

Did check with the court and the papers are valid. What do I do now?

I do owe money to the original company Lombard, but I'm not sure how much i borrowed and how much I still owe.

any advice?

Do I try the solicitors?or offer to pay a small amount at present until the information comes in or not from the cca? if i admit i owe money and then they cannot produce the original agreement can i have the judgement overturned?

[chris60]

I've been in contact with CAB regarding this and they have advised me i should have had a letter before court action, which should lay out various information for me,

I have not had this, they advised me to write to all concerned advising them that I have not had this letter, as apparently i should have had that before the court papers, including the court

anyone any advice?

[chris60]

Hi I found this on another persons thread, should i change the details and send to Judge and Priestley as I had no letter before action from them? and this quite clearly states out what they should have sent me?

 

sorry to be a pain but I have to put the court papers in soon

 

Dear

 

I acknowledge receipt of Court papers sent by Northampth BCC on Enter date of the papers which was received on enter date recieved.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against . I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this 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.

If you fail to disclose this information, I may apply to the court under part 18 and part 31 of the Civil Procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

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.

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 formerly held with ** CREDITOR **.

d. 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.

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 deed of assignment, or proof that you have a legal right to this money.

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

j. 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.

3. Any other documents you will seek to rely upon in court.

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

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

You have till the , 10 days, to furnish me with this information or l will be reporting this to thecourts.

I await your rapid response.

Yours Faithfully,