1st Credit & LCS Battle - court papers received - help

[alfwithhair]

I told them

You are entitled to your opinion on the enforceability of the agreement you have supplied, but I disagree with your assumptions, so until such time as a judge has ruled on the said document I have nothing further to say on the matter.

 

Never heard from them in years

[newman]

LOL - I love that - very good :)

 

The other thing I thought with this one is that because the so called "debt" is £6,727.12 they cant process this in the small claims court and so I presume this would cost them more if they did instigate proceedings. Am I right in this thinking?

 

What they supplied by way of the agreement was somethng my 13 year old could have put together in MS word and there is no way of knowing if this isnt just copied from another persons account with my name & addresss just stuck on the front. There wasnt even a section in there where anyone could have signed it so it was laughable that they asked me to confirm if my signature was correct. Having pointed outto them that I could not verify if this was my agreement due to the lack of any signature they have never come back with any paperwpork that does have my signature!

 

So I seriously doubt they have anything.

 

Well lets see what they do next.

 

Still laughing - well you have to dont you.

[cerberusalert]

The other thing I thought with this one is that because the so called "debt" is £6,727.12 they cant process this in the small claims court and so I presume this would cost them more if they did instigate proceedings. Am I right in this thinking?

Although it's over £5k it can be heard in the small claims ifit's a simple case & both parties agree.

[newman]

Although it's over £5k it can be heard in the small claims ifit's a simple case & both parties agree.

 

If its a simple case and both parties agree!! Well then it definately wont be heard in the small claims court as the paperwork I would have on the history of this case alone would be very substantial as we have had very protracted communications (before I knew better that is) and they have ignored every question I asked at the beginning and they didnt respond within accepted timescales for return of agreements. I have a detailed audit trail of when letters went, who they went to, what questions I asked and what response, if any, I received.

 

After almost three years of silence, they came back with a so called agreement but with no evidence oif any signature either from me or from anyone at their side.

 

And as there is no way I am going to agree with them this wont be a small claims matter.

 

Perhaps what I should to is say to them is that I would be happy to settle any financial obligation I might lawfully owe as soon as I have received the following documentation from them:

1 Verification of your/your client’s claim against me (a sworn affidavit or a hand signed invoice in accordance Bills of Exchange Act (1882) );

2 A Copy of a lawful contract signed by both parties and therefore binding both parties.

3 Validation of the debt (the actual accounting)

 

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

I know that a lot of people are having a lot of success utilising this approach and then getting to the point of getting them in a tacit agreement whereby due to their inability to provide the documentation requested are unable to talke this any further. Because then I would not be disputing anything I understand that they would be unable to take me to court because I am stating categorically that I am willing to pay up on something I might lawfully owe providing they can prove that I actually lawfully owe them anything.

 

Any thoughts on this.

 

It s a different approach to the normal, "I dont acknowledge any debt to your company" but it is working for many people.

 

Well until they start legal proceedings I am still going to be filing the letters.

[newman]

OK guys now I am really panicking. I have just received a claim form from the County COurt Bulk Centr in Northampton with 1st credit as the claimant and Judge & priestley as the solicitors.

 

Can someone please tell me exactly what I need to do now as I am in a panic.

 

This is what the notice says

The claimant claims the sum of 8,898.97 for debt and interest. The defendant was indebted to Citifinancial Europe PLC for credit advanced. The debt was assigned to the claimant. Notice of assignement was given to the defendant.

AND THE CLAIMANT CLAIMS

1 The sum of 6.727.12

2 Statutory interest pursuant to section 69 of the county Court Act 1984 at a rate of 8.00% per annum from 08/06/07 to 20/6/11 2,171.85 & thereafter at a daily rate of 1.47 until judgment or sooner payment

 

IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL 0208 7370

 

As I said I am now very worried about this and just need to know what to do as the ignoring them tactic obviously cannot contnue.

 

Huge thanks in advance.

[BRIGADIER2JCS]

Hi Newman,

The first thing to do is stop the panic.There will be help here.

Read the info in the claim pack first so that you can compile the questions you want to

ask.

For a start you must send the acknowledgement of service asap as it gains you more time to

prepare a defence.

[newman]

Hi Newman,

The first thing to do is stop the panic.There will be help here.

Read the info in the claim pack first so that you can compile the questions you want to

ask.

For a start you must send the acknowledgement of service asap as it gains you more time to

prepare a defence.

 

Hi Brigadier

Thank you so much for such a quick response. - you are right of course regari=dnign the stopping paniciking. I am not usually given to panic but it was a shock when I opened the post.

 

I have just been online and have completed the acknowledgement of service and I have just had a very quick look on the forum for the CPR31:14 letter but cant find it. I had a crash recently and the place i had the link stored to that part of the forum got corrupted so I will take a look later.

 

I know that there is a lot of information with respect to the process as other people have gone through the same route and I am sure I will be guided by those that know a lot more than I do.

 

Again thanks Brigadier.

[BRIGADIER2JCS]

I'll bump this so one of the site team can perhaps find you the link

Brig.

Bump

[alfwithhair]

Good old Judge Preistley, CONoughts legal seagulls

The usual patten of events is JP initiate the action, then soon as its filed at the court and you enter a defence it is suddenly passed to LSC solicitors, which is 1st Credit.

There was some mention of JP being unaware of being used as 'piggy in the middle'

 

Well documented on here, sure the legal bods with be along soon with their advice.

[newman]

I'll bump this so one of the site team can perhaps find you the link

Brig.

Bump

 

Thanks very much again Brigadier .

[newman]

Good old Judge Preistley, CONoughts legal seagulls

The usual patten of events is JP initiate the action, then soon as its filed at the court and you enter a defence it is suddenly passed to LSC solicitors, which is 1st Credit.

There was some mention of JP being unaware of being used as 'piggy in the middle'

 

Well documented on here, sure the legal bods with be along soon with their advice.

 

Thanks very much Alf. Well lets see what happens.

 

I obviously need now to write an appropriate letter requesting as much information I can to make them work for their money.

 

BTW you mention that it has gone from JP to LSC solicitors (who I have had a letter from before) when a defence is entered. what happens at that point?

Edited June 24, 2011 by newman

[BRIGADIER2JCS]

LCS get stroppy and throw their toys out of the pram if you quetion any thing they say!!!

[newman]

Interestingly I have had 2 phone calls today from Connaught Collections. I missed the 1st one and some man left a message and I have just had a call a few minutes ago. I advised the gentleman that the person they were asking for wouldnt take this type of call and that they need to write to Mr xxxxxxx. I asked him very politely to remove my from their database and I also asked for his name to which he replied "well as you haven't given me your name I am npot going to give me yours.

 

I asked him if he was going to remove my number from their system to which he replied he would not be conforming to my request.

 

No doubt Connaughts want to offer me a fantastic deal which I could not possibly turn down.

Edited June 24, 2011 by newman

[BRIGADIER2JCS]

OK put it in writing no contact by phone, and make it a FORMAL COMPLAINT on the call and the idiots attitude,address

to The Compliance Manager, on this one I would send it RD.

[newman]

I am going to spend this evening taking a very long look through the forum to see what others have done in the same situation.

 

Having now gone on line and registered the acknowledgement of service can anyone please tell me whatI now need to do or which specific letter I need to write to J&P.

 

I want to respond as soon as I can and would really appreciate someone guiding me in the right direction.

 

Many thanks.

[BRIGADIER2JCS]

I would pers just get the court papers sorted and forget J&P for now.

get your defence roughed out and let the guys on here have a look.

[newman]

I would pers just get the court papers sorted and forget J&P for now.

get your defence roughed out and let the guys on here have a look.

 

Thanks Brigadier - if I forget J&P for now what is it that I need to do? I really am in the dark about this and would appreciate a step by step guide form someone.

[BRIGADIER2JCS]

Hi, you need to think out what you want to say in defence to the claim you are the one who knows all

that has gone on and what the consequences have arisen,read the court guidance ,put some thoughts together

and post up what you come up with then the guys can structure it for you to submit to the court, don't rush it.

Pers I would not worry about it tonight or over the weekend as it's not going any where now.

 

OK post up when you are ready.

Brig.

[newman]

Hi, you need to think out what you want to say in defence to the claim you are the one who knows all

that has gone on and what the consequences have arisen,read the court guidance ,put some thoughts together

and post up what you come up with then the guys can structure it for you to submit to the court, don't rush it.

Pers I would not worry about it tonight or over the weekend as it's not going any where now.

 

OK post up when you are ready.

Brig.

 

Thanks again

I am struggling with this because you have asked me to do something for which I am asking for help with. I understand I need to prepare a defence so is the type of thing I need -

 

Having read other threads on the forum it seems that CPR letters (whether they be 18 or 31:14) should be requested from the solicitors acting on behalf of the Claimant.

 

I did find this on one thread in terms of using this as a defence but I dont know how much (or little) to include

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.[/i]

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Other things I think I could use are that I was in a repayment plan with the original creditor who for no apparent reason passed it to 1st Credit. I asked for proof of right to collect by means of a CCA which they have failed to provide. They sent me what they claim is my CCA but as I have said earlier in this thread it is only a bunch of photocopied paper. No signatures are present anywhere.

 

I also never received a default notice from the OC only a notice of assignment. One of 1st Credits staff did admit on a phone call that they had no noitification of a default notice from the OC on my file. I have the date of this and the name of the person.

 

I suppose that is my main defence that the OC sold my account and I never received a default notice and that I did not receive my CCA within the statutory guidelines (it took them 33 months to send me anything).

 

Also are they able to claim interest for the 33 month period when I never heard from them.

 

I also put the account into dispute and i was under the assumption that no DCA could chase for a debt when there was a dispute on the account.

 

I am not sure of this is enough detail -

 

Help please? I know you have said not to worry about thisd tonight or over the weekend but respectfully I am worried about it. I just need to know what to do and the right way to do it.

 

Also can you explain at what point I write to J&P with the CPR letter and also which one is the right one to send.

[BRIGADIER2JCS]

Hi well done, I think you have research that perfectly I would like the guys to take a look

at this so will bump this for their attention.

 

Bump

[newman]

Hi well done, I think you have research that perfectly I would like the guys to take a look

at this so will bump this for their attention.

 

Bump

 

Thanks for all your help Brigadier - I will await with anticipation.

[BRIGADIER2JCS]

I am positive you wll get excellent help here!!!!!!!!!!!!

[dx100uk]

two threads merged - renamed and moved to legal section

 

dx

[newman]

Haivng now calmed down and thought this through over the weekend, I feel I have a few options open to me

 

As well as the issues I listed above, it occurred to me that in the past I have written to then and asked them to confirm if my original request for information was not responded to within the statutory legal limits. I also stated that because they had not responded within these timeframes that they had committed a criminal offence to which their response was:-

 

 

1) "Your claim that 1st Credit Ltd has committed a "criminal offence". This may have been correct when writing your earlier letters in 2007, however the Consumer Protection from Unfair Trading Regulations 2008 section 3.12 states that this claim is "incompatible with the contract law", thus your statement is now incorrect.

 

2) "Your "legal advisors" advised you thst it is necessary for a True Copy of the agreement to be signed.

 

If they had indeed committed a criminal offence in 2007 by not responding to my request for information within the statutory legal timeframes I am woindering if they are correct that my statement is now incorrect? Surely they either did commit a criminal offence at the time or they did not commit a criminal offence? If they did commit a criminal offence can I report them to the police and take action against them now for this?

 

Also they state that what they have sent me is a true copy of my credit agreement, however, how can they prove that this is the case unless there are signatures on the document? Anyone could have compiled the paperwork and inserted my details.

 

With respect to the Particulars of Claim - my account was in dispute for the whole period they are claiming interest for and so am I correct in thinking that they cannot claim interest for this period?.

 

I have stated to them in one letter that because they were trying to recover an alleged debt whilst the account was in dispute they were contravening the OFT guidelines and I did threaten to report them, however, due to the stress and anxiety that this has cause me I have never written to the OFT.

 

Any thoughts on this would be most welcomed.

 

Many thanks in advance.

[BRIGADIER2JCS]

Any charge of '' failing to produce'' the CCA I think would have no merit in front of a judge,

this offence no longer being on the statute.

Selling or assigning a debt whilst in dispute, well you can report this to the OFT, however

1st Credit, Connaught, LCS Solicitors are very good at ensuring that Final Response Letters

are sent so again I believe such a ''charge'' would fail.

As to the interest it does depend on the contract if they can or cannot charge.