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

[newman]

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.

 

Hi MAster Chief

I do have a smart phone but not a bar code scanner app but its a good thought - i will see if there is one for my phone.

[Master Chief]

Hi MAster Chief

I do have a smart phone but not a bar code scanner app but its a good thought - i will see if there is one for my phone.

 

Hi newman,

 

I have an android phone and use QR Droid, free from the market place. It is really very good and great fun too!

 

 

MC

[newman]

Hi newman,

 

I have an android phone and use QR Droid, free from the market place. It is really very good and great fun too!

 

 

MC

 

Hi MC - I have found an app which I installed on the phone but I cant work out how to take a picture as the camera on my phone doesnt have a separate button to take pics with. it has a virtual button on the normal camera screen.

 

The barcode screen seems to work fine and it focuses but I just cant take a pic. mny phone is an HTC HD2 and the app is quick Mark so a bit stuck as to how to take a pic - it is supposed to do it automatically but its doesnt seem to be working.

[newman]

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

 

Hi MC I have just looked at the paperwork I was sent and in big bold black caps it states Credit Agreement regulated by the Consumer Credit Act 1974

 

I have no idea if this agreement is post repeal or not - how would I tell.

 

ALso why do you ask?

[Master Chief]

Hi MC I have just looked at the paperwork I was sent and in big bold black caps it states Credit Agreement regulated by the Consumer Credit Act 1974

 

I have no idea if this agreement is post repeal or not - how would I tell.

 

ALso why do you ask?

 

Firstly, re: the scanner app', it might be that the quality of the bar code is too poor to work if it is a bad copy. Try scanning a code from a packet and see if that works. If not, your HTC runs on android so try the QR Droid app' as i know that to work well.

 

Re: Your second question:

 

In post #481 count orlock asked "Does this also apply to pre 2007 agreements, and if so what about the case law that was used before?" And I believe that was in response to a previous post that said 1st Crud were seeking judgments with recon's alone i.e. not the original executed agreements.

 

Rather than try to explain it and get it wrong, have a look at post #1 here http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements

 

HTH

 

MC

[newman]

Thanks MC - I have the windows OS not Android. I just tried the app on a couple of items out of the food cupboard and it worked fine but as i have only the free app it wont let me look them up so i am removing this and try another one - barcorama looks good.

 

interestingly the app wouldnt read any of 1st cruds barcodes on any of the paperwork.

 

thanks for the link to the other post. I will have a look V Soon.

[Master Chief]

Thanks MC - I have the windows OS not Android. I just tried the app on a couple of items out of the food cupboard and it worked fine but as i have only the free app it wont let me look them up so i am removing this and try another one - barcorama looks good.

 

interestingly the app wouldnt read any of 1st cruds barcodes on any of the paperwork.

 

thanks for the link to the other post. I will have a look V Soon.

 

Sorry, my bad, I completely forgot about Windows 7 Mobile. Have you tried scanning codes on packaging etc. just to confirm that it is the app' and not the codes your trying to read. Edit: Ignore me, I'm being stupid, I missed that you had already tried scanning other stuff DOH!

 

When I use my phone to scan the paperwork I have, it gives my reference number.

 

Yes, that thread is well worth a read, I was originally pointed in its direction by coledog.

Edited September 14, 2011 by Master Chief

[newman]

##UPDATE##

 

Well the Notice of hearing of application came through the post today with copies of the N244 & Draft Order included. The hearing is set for 10:00 am on the 30-11-2011 at my local County Court.

 

Does anyone have any idea as to how long something like this should take once we get in there with the judge?

[Undercover-Elsa]

Depends how succinct you are Newman

[newman]

Depends how succinct you are Newman

 

Hi Elsa - Welcome back - long time no speak.

 

Well I am hoping that I am not going to be expected to say anything as the draft order is very clear in what I am asking for and why and its a bit daunting to think of having to lock horns with a solicitor who knows a lot more than I do about this sort of stuff.

 

You dont fancy coming to hold my hand do you

[BRIGADIER2JCS]

Hi newman, just remember not to wordy and

don't quote to much law or the judge will loose

interest, his/her main aim is to make a judgement

which is fair and reasonable given the balance

of probabilities.

Brig.

[newman]

Hi newman, just remember not to wordy and

don't quote to much law or the judge will loose

interest, his/her main aim is to make a judgement

which is fair and reasonable given the balance

of probabilities.

Brig.

 

Cheers Brig.

 

As a matter of interest, what is the format for the way that hearings like this go? I am wondering how long this will actually take because when this was at the NCCBCC it wasnt necessary for me to be there for the judge to msake a decision (even though his decision was to transfer it to my local CC). So in that respect I am also wondering if I need to actually say anything at all because the order is very succinct and very clear in what it is asking for.

 

I am sure that if there is a solicitor is there he will no doubt use a lot of flowery legal speak and try to argue that it is not necessary for them to comply but if the judge actually reads whatI have asked for is there really a need for me to say very much at all?

[BRIGADIER2JCS]

Hi, this time you need to be there, a judge

may be displeased at this stage if you are not

present of represented by a solicitor.

As to the format is this to be heard in open court

or in chambers.??

Follow the judges instructions he/she will ask

you to speak to clarify points and answer questions.

If your are asked to put your case keep it factual and

clear, I suggest making bullet point notes of the salient

points to have in front of you.

Brig.

[newman]

Cheers Brig

 

I wasnt thinking of not going but I think you are right in making bullet points. its nerve racking enough and to have to answer in a succint way with everything that has happened will be a challenge thats for sure!

 

Is it open court or chambers - I have absolutely no idea - it just says on the notice of hearing of application that the hearing will take place at 10:00am on the 30-11-11 at the county court.

 

How do i find out if its open court or chambers and will this make a difference to how things are handled.

[BRIGADIER2JCS]

If it's in open court it is usually stated as such, how long

have they allocated for the hearing??

[newman]

They havent given any indication at all as to how long they have allocated. All that is on the front page is the confirmation of where it is going to be and what time and then the following paragraph.

 

Cases are listed in accordance with local hearing arrange,ments determined by the judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case ,may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing

[BRIGADIER2JCS]

Ok what was stated on the allocations questionnaire.

[BRIGADIER2JCS]

Ok what was stated on the allocations questionnaire.

If nothing then ring your local court.

Brig.

[newman]

I havent had an allocations questionnaire Brig. The only questions I have answered are the ones that were on the N244 form.

 

I will ring the court in the morning.

[BRIGADIER2JCS]

Yep best to check on every thing so

you can be personally prepared.

[Undercover-Elsa]

This is just to decide whether to issue the order requested on the N244 isn't it? So it's just a case of establishing that they have failed to disclose despite frequent attempts to obtain the information, etc. They may not even turn up, but you must. Ring the court and ask how long has been allocated for the hearing...

 

PS: You'd be far better with Andy holding your hand than me, Newman...

[newman]

This is just to decide whether to issue the order requested on the N244 isn't it? So it's just a case of establishing that they have failed to disclose despite frequent attempts to obtain the information, etc. They may not even turn up, but you must. Ring the court and ask how long has been allocated for the hearing...

 

PS: You'd be far better with Andy holding your hand than me, Newman...

 

Absoluely - just for the DJ to decide to issue the order or otherwise.

 

So I just rang the court helpline and gave them the claim number but they couldnt give any specific information as to how long had been allocated as there was no time given on the application notice I filled in - I left question 6 blank which asked "How long do you think the hearing will last"?

 

The lady I spoke with suggested I could write to the listings dept at the court to find out if they knew how long had been allocated.

 

She did say that she thought it would probably not have been allocted more than about 30 mins.

[newman]

I just realised that this thread has just celebrated its 1st birthday this month on the 9th - so happy birthday to this thread then Well 12 months since coming on here and we dont even have any of the original documentation yet!

 

we should have had a party !!!!

[AndyOrch]

And 507 posts and still no sign of an AQ:lol:

 

Get back to you re hearing shortly Newman, chill out and stop worrying.

 

Andy

[AndyOrch]

Ok Newman the hearing should be around 30 mins if that, prepare your bullet points and as to why you have made application

and the need for the Claimant to clarify its claim by way of disclosure.Try not to state you cant file a suitable defence without disclosure

a defence is a defence with or without their paperwork and most DJs will view this as a delaying tactic.Stick to your aim don't be sidetracked

you are entitled to be furnished with the documents reliant upon before during procedure not just at standard disclosure.

 

Ok for now?

 

Regards

 

Andy