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

[BRIGADIER2JCS]

I feel for you Hippy,in both your personal problems,and

then facing other peoples tragedies at work.

Only you can decide on the house, my own opinion would

be to let it go and start again anew.

How is the ex Mrs. Hippy these days, you mentioned the chance

of a reconcilliation a while ago??

[newman]

##UPDATE##

 

Hello Again all - its been a few quiet weeks and today I received some documents through from the NCCBC - A N271 Notice of transfer of proceedings form, A N24 General Directions order and a copy of my N244 form that I faxed to NCCBC on the 9th August

 

The case has been transferred to my local County Court but it is the General Directions Order I am uncertain about. I have read the General Directions order a few times and I am not sure what to do next if anything.

 

Can you lovely people give me some guidance at this stage please?

 

Many thanks

 

The images of all the pages are below.

 

 

 

 

 

Edited September 4, 2011 by newman

[cymruambyth]

Hi, you have left your details in a couple of places.

 

I think it means that as 1stC have failed to supply the requested documents, if they want the claim to go ahead they have to apply through your local court to do so.

[BRIGADIER2JCS]

Correct unfortunately it gives 1st Credit a longer

period to come up with a recon, this happened

in a case I dealt with recently and they ''complied''

with a recon at the last minute and the claim was

heard.

[AndyOrch]

I take it to be an hearing to decide your application to extend (because you opted for without hearing ) the application must be heard

on Notice to the Claimant hence the transfer and hearing.

 

Andy

[newman]

Hi, you have left your details in a couple of places.

 

I think it means that as 1stC have failed to supply the requested documents, if they want the claim to go ahead they have to apply through your local court to do so.

 

Thanks cymruambyth - all details taken out & rescanned & reposted.

[newman]

Correct unfortunately it gives 1st Credit a longer

period to come up with a recon, this happened

in a case I dealt with recently and they ''complied''

with a recon at the last minute and the claim was

heard.

 

Hi Brig

So do you have any idea what the timescale is for them to take action

[newman]

I take it to be an hearing to decide your application to extend (because you opted for without hearing ) the application must be heard

on Notice to the Claimant hence the transfer and hearing.

 

Andy

 

Hi Andy

I am not sure I am following any of this at all - really sorry to be so dim.

 

So if it is a hearing to decide the application to extend what happened to the draft order I submitted of the "unless by 4pm on the 16th ........."

 

I am confused as to what it means amnd is it a good thing/bad thing/not good or bad at all that it is now to be heard at my local county court?

 

Also what will happen next?

 

Sorry for all the questions but I am very confused (may be something to do with the two weeks I have just had off!!)

[AndyOrch]

Hi Andy

I am not sure I am following any of this at all - really sorry to be so dim.

 

So if it is a hearing to decide the application to extend what happened to the draft order I submitted of the "unless by 4pm on the 16th ........." He/she will deal with it at same hearing.

 

I am confused as to what it means amnd is it a good thing/bad thing/not good or bad at all that it is now to be heard at my local county court?

 

Also what will happen next? You have the hearing the DJ should rollock them you get your extension and he/she gives your directions

 

Sorry for all the questions but I am very confused (may be something to do with the two weeks I have just had off!!)

 

Standard process dont worry

 

Andy

[newman]

Standard process dont worry

 

Andy

 

Thanks for that Andy.

 

So when the hearing happens do I have to be there?

[newman]

..

[AndyOrch]

Thanks for that Andy.

 

So when the hearing happens do I have to be there?

 

 

Absolutely fight your corner, explain their non disclosure and why you need an extension to submit a valid defence.

 

Andy

[newman]

Absolutely fight your corner, explain their non disclosure and why you need an extension to submit a valid defence.

 

Andy

 

Thanks for that Andy. I absolutely intend to do just that.

 

So roughly how long do you reckon it could be before I find out if they are going to go ahead with this.

[AndyOrch]

Well its been transferred to you local CC now you have to wait for them to inform you of the hearing date.

 

Andy

[cymruambyth]

just remember many courts are being combined for efficiency (ha ha), so an already slow process may be much slower!!

[newman]

thanks chaps

 

Just as a matter of interest does anyone else have experience of dealing with 1st Credit in this respect? IT seems that some DCA's seem to give up the ghost once a N244 has been submitted or when it is transferred to a local CC and as it has now as been passed to my local CC and presumably 1st Credit are going to have to spend more money now in employing the services of a legal person both for the day? Will they be likely to keep going with this if they are not in possession of the original documentation?

 

I cant see the point of them keeping going with this if they don't have the correct documentation.

[BRIGADIER2JCS]

Hi Newman, 1st Credit are following

through with recons and other ''evidence''

to back it up.

[newman]

Hi Newman, 1st Credit are following

through with recons and other ''evidence''

to back it up.

 

Thanks Brig - sorry to be a real pain but my understanding was that if they are going to take this to court they have to have the OCCA and not a recon? With the case that was mentioned very recently it seemed to me that Waksman ruled in favour of the consumers in respect of the validity of a doc. Have I misunderstood this then if they can use a recon? How does this prove that this is my agreement - it could have been cobbled together from any old set of Tc's & C's and surely the only way to prove the validity of a document is to have the signed original.

[cymruambyth]

Depends on theDJ and his knowledge of the law:mad2: Some will accept a recon, no matter what is argued.

[BRIGADIER2JCS]

I hear the balance of probabilities

put forward regularly now, Waksman

it seem laid out what should be constituent

to a recon.

Supporting evidence such as the statements

showing the debtors use of a credit facility

to back up the recon is also becoming

common.

[Master Chief]

Assigned twice 3 years apart, did First Crud sell it back to them to buy it back again 3 years later? Shady dealings

 

Andy

 

I have just been re-reading this thread and something that I noticed, which may be relevant or not, I would say both of those NOA docs have been printed by 1st Crud using Citi header & footer.

 

Maybe something, maybe be completely irrelevant, but maybe not.

 

MC

[count orlok]

Does this also apply to pre 2007 agreements, and if so what about the case law that was used before?

[newman]

I have just been re-reading this thread and something that I noticed, which may be relevant or not, I would say both of those NOA docs have been printed by 1st Crud using Citi header & footer.

 

Maybe something, maybe be completely irrelevant, but maybe not.

 

MC

 

Hi MC - well guess what I had exactly the same thought too - its a bit suspicious that the NOA was sent through on a photocopied headed paper when every other piece of communication I had from Citi was on their own coloured headed paper.

 

But proving this would be very difficult if not impossible I would guess!

[Master Chief]

Hi MC - well guess what I had exactly the same thought too - its a bit suspicious that the NOA was sent through on a photocopied headed paper when every other piece of communication I had from Citi was on their own coloured headed paper.

 

But proving this would be very difficult if not impossible I would guess!

 

Hi Newman,

 

Do you have a smartphone with a barcode scanner app'? Wouldn't mind betting both of those barcodes show your 1st Crud reference number. If they do, why would Citi be quoting 1st cruds reference? Like I say, might not be relevant.

[Master Chief]

Does this also apply to pre 2007 agreements, and if so what about the case law that was used before?

 

Hi count, good question is 127 (3) now null and void?????

 

newman, sorry if this is a stupid question, but does your alleged agreement fall under the protection of the CCA 1974 127 (3) or is yours post repeal?

 

MC

Edited September 12, 2011 by Master Chief
typo