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

[BRIGADIER2JCS]

No mention of an agreement or default.

[newman]

No mention of an agreement or default.

 

Thanks Brigadier - you are right which is why I have sent this letter

Mr Gavin Flynn

Head of Collections

1st Credit (Finance) Ltd

The Omnibus Building

Lesbourne Road

Reigate

Surrey

RH2 7JP

 

In the Northampton County Court Bulk Centre

Claimant -v- (Wxxxxxx Sxxxxx)

Claim Number: xxxxxxxxxx

 

04th July 2011

 

Dear Mr Flynn

 

REQUEST FOR INFORMATION CPR 18

 

I have received a recent court claim from your organisation dated 21st June 2011 out of the Northampton County Court Bulk Centre. I confirm I have completed an acknowledgement of service on line in which I have indicated that I intend to contest your entire claim.

 

In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, your company is obliged to disclose the information and documents detailed below under the Civil Procedure Rules.

 

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.

 

I notice in the particulars of claim you mention that I was indebted to CitiFinancial Europe PLC, yet you give no particulars of any agreement/s on which you are relying on for this case, therefore, I request that you confirm the following.

 

1. Do you have a true copy of the original, signed, 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?

1A. Was the agreement in written form and if so was this a regulated agreement

under the Credit Consumer Act 1974.

 

2. Do you have true copies of any default notice or enforcement notice that you or the original creditor sent me and do you have copies of any proof of postage?

 

3. 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

 

 

 

 

 

4. I require written confirmation of 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 Citi Financial

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.

 

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,

 

Wxxxxxx Sxxxxx

[count orlok]

Do 1st Credit send NoAs as they claimed, they never sent me one. Although they keep claiming they or the OC did when I asked them for a copy of the Deed of Asignment. For without this they cannot even take one to court.

[newman]

Do 1st Credit send NoAs as they claimed, they never sent me one. Although they keep claiming they or the OC did when I asked them for a copy of the Deed of Asignment. For without this they cannot even take one to court.

 

Hi Count Orlok

If you look at the actual wording in the POC they are not claiming that it was them that sent the NoA just that I was sent one, which I was. In my case I did receive a NoA from Citi Financial dated 11-06-07, however, what they never sent me was a default notice. They registered a default notice on my credit file on the 31st May 2007 and from what I have gleaned from the many hours I have now spent on this forum, this is going to be a huge issue for them and one which I can use heavily when I come to put my defence together. THere is an abudance of info on this site you just have to look for it. I found a great defence for a dodgy DN and I am certainly going to use this.

 

If you also read the POC they are claiming for interest for the period 08-06-07 (2 days before the actual assignment) - 20-06-2011. As I have said in a previous post from the date that I received the NOA I put the account into dispute, recorded a complaint with Citi, 1st Credit and the FOS so they are contravening the very act they state in the POC. Because the account was in dispute and the CCA had not been provided this means they are unable to claim for interest for that period - from what I understand.

 

Even with the absoluty crap POC they have started this case with I think they have dug themselves a hole already.

[BRIGADIER2JCS]

This typical of J&P, LCS, and Connaught, 1st Credit claims always vague in

the hope IMHO to attempt to intimidate people into making payments.

[count orlok]

OK

[newman]

This typical of J&P, LCS, and Connaught, 1st Credit claims always vague in

the hope IMHO to attempt to intimidate people into making payments.

 

I gave up being intimidated by these fools a long time ago, although I did panic a bit when the blue papers came in. However, having now spent days trawling this forum and others, I now have a two pronged strategy and 18 pages of letters and points for my defence.

 

It is possible of course that 1st Crud do have my OCCA all signed and in place with the original T's & C's and if they do well then I will have to cross that bridge when I get to it but as has been said many times in this thread in the past if they did have the correct paperwork they would have had me in court a long time ago.

[Happyhippy1959]

Good point Newman, why would they spend time and money playing letter ping pong with you if they had the original CCA. ??????? Following with interest,,,, best of luck mate

[newman]

Hi Happy hippy. Well we did play letter ping pong last year after they had send me what they claim is a true copy of my CCA. we exchanged a few letters and I gave up writing back when they insisted that because the pile of photocopied stuff they sent was a true copy of my CCA I therefore owed them full payment.

 

Well they have now had my letters and I will not go down without a fight!

Edited July 6, 2011 by newman

[BRIGADIER2JCS]

Go fot it Newman.

 

Brig.

[Happyhippy1959]

Great to hear mate,,,,,, Now knock the Hippy if you think I'm wrong, but if someone owed me money and it was water tight or I thought It was water-tight I would not hesitate to use every legal means to get that person to start paying it back, even if it was at a £1.00 a month,,,,, would any of you....

[newman]

Thanks Brig - it takes a lot to get me angry but I am mad as hell now with this lot. I intend to give them as many problems as I can so keep an eye out for the next few posts as I think they will interest you - watch this space as it is about to get interesting.

 

Hippy - I totally agree with you actually - If you read my letter in post #174 on page 9 you will see I have actually offered them a conditional agreement - I have said I will pay them everything I lawfully owe them if then can just send me the contract I have with them along with a signed invoice and the actual accounting that took place. Well of course they wont be able to do this because there wont be a signed invoice and I have never entered into a contract with them. In law because I have offered a conditional agreement apparently this means that this has removed controvesy and means that they no longer have any ultimate recourse to a court of law because there is no controvesy upon which the court can adjudicate.

 

With the respect of people being owed money I am actually a partner in a business that is set up just for that - to chase up overdue invoices on behalf of our clients. When a client of ours has done some work for someone and there is no dispute and it is clear that the they are just flatly refusing to pay we have a unique web based invoice chasing which our clients use to instruct us to write to and call their clients on their behalf. We have a 95% success rate of getting our clients paid in 32 days from instruction, but this is only where there is no dispute about the customers having had the work done - they have just been trying it on and not paying.

 

Now that is totally different to this bunch of *^*^*^**'s - they seem to think it is perfectly acceptable to harass consumers when it is actually them that have broken the law and have gone against the regualtions which are clearly laid down.

 

Like I said watch this space.

 

THanks fpor your support guys - its very much appreciated.

[newman]

OK next thing - more posts to follow

 

As well as sending the nice Mr Flynn my CPR 18 letter yesterday, I have also sent him a 2nd letter hot on the heels of the 1st one I sent the week before last and I have copied J&P in to so that they cannot say they are not aware of what I am asking their clients for.

 

Non-Negotiable

©Wxxxxxx : Sxxxxx Authorised Representative for

WXXXXXX SXXXXX™ and all derivatives thereof.

C/o xxxxxxxx

xxxxxxxxxxx

xxxxxxs

Near xxxxx

 

Mr Gavin Flynn, Head of Collections, 1st Credit, PO Box 278, Reigate, RH2, 7WB

 

05/07/2011

 

Dear Mr Flynn

 

RE 1st Credit Limited Ref No XXXXX; Connaught Collections &Judge & Priestly Ref No XXXX

 

I wrote to you on 27/06/2011 requesting verification of your claim including a lawful contract; a signed invoice and proof of agency to validate your claim, so that I may settle any financial obligation I might lawfully owe.

Your said failure to provide the requested documentation within seven (7) days from the above date (05/07/2011) will constitute your agreement to the following terms:

 

1.That you are a third party interloper;

2.That you have no legal standing;

3.That you have no first-hand knowledge of this matter;

4.That your claim is fraudulent;

5.That any damages I suffer, you will be held culpable;

6.That any negative remarks made to a credit reference agency will be removed;

7.You will no longer pursue this matter any further.

8.That you agree to pay all Fee Schedules.

 

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

 

This is not a complaint or a query or a request for a statement / agreement and is not to be treated as one. Do not refer to me as Mr or any Title, which is a legal fiction and is not me.

 

You may only use my name when sending payment.

 

Yours sincerely

 

Wxxxxxx Sxxxxxx

 

By: Sovereign © Wxxxxxx : Sxxxxx

Authorised Representative

All Rights Reserved. Errors & Omissions Excepted

 

CC: Judge & Priestly, Justin House, 6 West Street, Bromley, Kent, BR1 1JN

 

WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT

Without any admission of any liability whatsoever, and with all Natural, Inalienable, Rights reserved.

 

Please address all future correspondence in the matter to a direct Human Self, namely Wxxxxxx : of the family, as commonly called Sxxxxx

[BRIGADIER2JCS]

May I say that is excellent!!!!!!

Brig.

[newman]

May I say that is excellent!!!!!!

Brig.

 

Thank you very much Brig - I cant take any credit for this in any way at all - It is what I have picked up from another forum. It seems for whatever reason that the team on this forum remove any mention of other forums (not really sure why) and asd I dont want to rock the boat here I wont say which one it is - very happy to provide details if you PM me if you are interested.

 

I do now have a very clearly laid out strategy and I will keep posting as things develop so as I said - watch this space. Rather than giving the game away here on a public forum I will let the story unfold as we go along and see where we get to.

 

Its all a game really and I am now beginning to enjoy it

[BRIGADIER2JCS]

Hi, I wish you well!!

I think there may be some agreement between the ''forums'' about linking.

 

Brig.

[newman]

Hi, I wish you well!!

I think there may be some agreement between the ''forums'' about linking.

 

Brig.

 

Hi Brig - thats fine I dont have a problem with that, although, I do think as we are all trying to win the same battle there shouldnt be any issues with mentioning where information came from if it didnt originate on this forum. As far as I am concerned if we are not acting unlawfully and unethically and if what other people do works, then it should be made known in the fight against these sharks.

 

Anyway - the wheels are now rolling and we will see where we get to.

 

Tomorrow should an interesting day as I should be posting with another couple of developments that have been put into place.

 

Not sure if 1st Crud will want to keep going as they are going to have to expend a lot of effort by the time and if we ever actually get to court.

[BRIGADIER2JCS]

We can only hope to exhaust them!!

[newman]

well you see I am not sure they will get exhausted but if enough people take them on properly then they may just get the message. Also There is a very interesting article about how the OFT investigated them a little while ago can be found HERE

 

The OFT imposed a lot of requirements on 1st Credit over their debt collection practices in 2009 and it seems they are happy to gpo against the OFT. So it doesnt take a rocket scientist to know who I am talking to tomorrow.

[BRIGADIER2JCS]

I believe the then CEO left after that occurred!

[debt4get]

yep beginning to enjoy this saga..hope it goes your way.....

[newman]

I believe the then CEO left after that occurred!

 

Ha Ha why am I not surpirsed at that? - Well it will be very interesting to see what happens after tomorrow as I think the proverbial is about to hit the fan big time. I wont give the game away now but lets just say I am about to take a very big stick and rattle the hornets nest with it as hard as I can. With what I have learned in the last couple oif weeks, I think 1st Credit may be regretting the course of action they have taken. Well thats my hope anyway.

[newman]

yep beginning to enjoy this saga..hope it goes your way.....

 

Hi debt 4 get - very glad to be able to bring you a bit of happiness. Do you know what? I think I am actually beginning to enjoy this now as well, although it is taking a lot of my time I am hoping it is going to be worth it. I have better things to do at this time of night than sit for three hours putting letters together.

 

Please look out for a PM from me - there is something I want to discuss with you off line if that is OK with you?

[debt4get]

yep no problem...

[Happyhippy1959]

Cracking letter, have put that one in me library