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

[DonkeyB]

Don’t worry Newman, Mr T Watts is probably in the Thai pub in Reigate polishing his trident.

[Gallahad]

Good evening to You too Mr. N

G

[Gbarbm]

Hi Newman

Don't know if this has been mentioned before but LCS solicitors are not on the solicitors regulatory authority list of regulated firms.... Since 31st Dec 2011 1st Credit Ltd and it's in house solicitor has ceased to utilise the style of stationary or description LCS solicitors

I think Mr Watts is an employee of Ist Credit.....maybe he's a LiP too!

Let's hope he uses this post in his witless (no not a spelling mistake statement

Kind regards

Gbarbm

[newman]

Hi Newman

Don't know if this has been mentioned before but LCS solicitors are not on the solicitors regulatory authority list of regulated firms.... Since 31st Dec 2011 1st Credit Ltd and it's in house solicitor has ceased to utilise the style of stationary or description LCS solicitors

I think Mr Watts is an employee of Ist Credit.....maybe he's a LiP too!

Let's hope he uses this post in his witless (no not a spelling mistake statement

Kind regards

Gbarbm

 

Hi Gbarbm

 

Thanlks for this. We were aware of this and I did receive a notice of change of solicitors dated 9th January to say that 1st Credit had ceased to use the trading style LCS solicitors and were going to continue to conduct litigation on behalf of 1st credit through the Legal Dept of 1st Credit.

 

Mr Watts's new title is now Legal Manager in the Legal Department of 1st Cr and the Notice of change of solicitor form they sent was signed by him. Mr Watts's title prior to that was paralegal with LCS Solicitors.

[Gbarbm]

All noted Newman, just thought they were up to no good masquerading as a firm of solicitors when in reality he's an employee who's had some legal training (not much by the look of it) Is a paralegal someone who's not fully qualified?

[Gbarbm]

Answered my own question;

 

A Paralegal is a person qualified through education and training to perform substantive legal work that requires knowledge of the law and procedures and who is not a qualified solicitor or barrister. Paralegals may work for, or be retained by solicitors within the legal profession or they may work within a legal environment within commerce, industry or the public sector.

 

So not a real solicitor then......know thine enemy Newman

[newman]

All noted Newman, just thought they were up to no good masquerading as a firm of solicitors when in reality he's an employee who's had some legal training (not much by the look of it) Is a paralegal someone who's not fully qualified?

 

Definition of a paralegal from http://legal-dictionary.thefreedictionary.com/paralegal

paralegal n. a non-lawyer who performs routine tasks requiring some knowledge of the law and procedures, employed by a law office or who works free-lance as an independent for various lawyers. Usually paralegals have taken a prescribed series of courses in law and legal processes, which is much less demanding than those required for a licensed attorney. Paralegals are increasingly popular, often handling much of the paper work in probates of estates, divorce actions, bankruptcies, investigations, analyzing depositions, preparing and answering interrogatories, procedural motions and other specialized jobs. Clients should be sure that the hourly rate charged for paralegals is much less than that for the attorneys.

[newman]

Answered my own question;

 

A Paralegal is a person qualified through education and training to perform substantive legal work that requires knowledge of the law and procedures and who is not a qualified solicitor or barrister. Paralegals may work for, or be retained by solicitors within the legal profession or they may work within a legal environment within commerce, industry or the public sector.

 

So not a real solicitor then......know thine enemy Newman

 

Our posts crossed. - Well I am not sure about any qualifications of any of the staff at 1st Cr and a number of people have expressed their opinions to me about why a company would resort to sending a barrister to a hearing for an unless order and not the paralegal that has been dealing with the case from the start.

[MrHat]

Hi Newman

[newman]

Hi Newman

 

Hi Mr H

[DonkeyB]

I hear Mr T Watts has a first class degree in T Wattism.

[AndyOrch]

Newman Mr H is a poster I am assisting, hes not foe I assure you.

 

Andy

[newman]

I hear Mr T Watts has a first class degree in T Wattism.

 

I couldnt possibly comment Donkey

[newman]

Newman Mr H is a poster I am assisting, hes not foe I assure you.

 

Andy

 

Cheers Andy - It was just odd that all of a sudden there were loads of people here I had never seen before. I wondered if it was a party at the 1st Cr HQ!!

 

Hi MR H - hope all is going well with you - you are not embroiled with our friends in Surrey are you?

[MrHat]

I do live in Surrey actually but have no connection with your 'friends' I assure you!

 

Am following a lot of threads on here trying to learn stuff for my own case and to gain knowledge. You'll find my thread on here that's been going on since last summer...

 

Good luck with yours

[newman]

I do live in Surrey actually but have no connection with your 'friends' I assure you!

 

Am following a lot of threads on here trying to learn stuff for my own case and to gain knowledge. You'll find my thread on here that's been going on since last summer...

 

Good luck with yours

 

CHeers Mr H - do you have the link to your thread please

[MrHat]

http://www.consumeractiongroup.co.uk/forum/showthread.php?306202-MBNA-and-Arrow-Global-claim-form-received-bal-prob-all-unlawful-charges

 

There you go.

 

The people on here, especially Andy, have been a godsend. I reckon I'd have lost by now with out all their advice.

[newman]

http://www.consumeractiongroup.co.uk/forum/showthread.php?306202-MBNA-and-Arrow-Global-claim-form-received-bal-prob-all-unlawful-charges

 

There you go.

 

The people on here, especially Andy, have been a godsend. I reckon I'd have lost by now with out all their advice.

 

THanks veyr much Mr H - I will have a good look at that.

 

And I agree totally with your last comment too

[newman]

I have just faxed the Allocation Questionnaire & Draft Order for directions to both 1st Cr and the court and have also posted them RD too.

 

To assist anyone else who may be in a similar position I have copied below exactly what I have faxed including the draft order.

 

A huge thanks to the fantastic team for their assistance in advising me on this one - your advice is as always hugely appreciated.

 

1. ALLOCATION QUESTIONNAIRE

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim beforethe hearing, do you want to attempt to settle at this stage?

 

No

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £XXXXXX

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Newman All the facts in the case

 

Experts No

 

Track - Fast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast Track,it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES

 

I gave some dates but dhave not included them here

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

Leftblank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other party YES

 

If Yes, when did they receive them? 1st March 2012

 

Do you intend to make any applications in the immediate future? YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested by CPR and application

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a particularised defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

Its is respectfully requested this case be allocated to the Fast Track,it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further.

 

I would also add that I feel severely disadvantaged in this matter having had my application for disclosure dismissed and costs awarded forthwith and not reserved ( costs in the case) The Claimant has since issued a Statuary Demand fully aware that I have tried to negotiate payment arrangements and the court has ignored my requests for relief in this instance.I understand the Claimant has already been warned by the OFT of this abuse of the Insolvency Service.

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

In the ************* county court

 

 

Claim number **********

 

 

Between

 

1st Credit (Finance) Ltd - Claimant

 

and

 

Newman- Defendant

 

DRAFT ORDER FOR DIRECTIONS

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.
  
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983(SI 1983/1561) as amended,
  
  
• Deed of Assignment
  
  
• Copies of any statement or other document relied upon
  
  

 

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

If the Claimant complies with this order, Defendant shall within 14 days there after file and serve thefollowing

 

• An amended defence sufficiently particularised in response to the documents supplied by the claimant.
  
  

 

If the Defendant fails to comply with this order,the Defence will be struck out without further order.

 

 

[newman]

In case some of you are wondering why I have not ticked the yes box to try to settle the claim before the hearing I will try to give a bit of an explanation

 

I was advised that under normal circumstances if a claimant has behaved reasonably and provided all the documentation they must have in their possession before a court can enforce any agreement then it would be usual to try to reach a settlement with that claimant before the matter goes to court, however the feeling is that in this instance because 1st Credit have done everything they can to be as obstructive as they possibly could be by avoiding disclosure by refusing to comply with CPR requests that we are therfore not in a position to come to an agreement with them.

 

As 1st Credit have not produced the original agreement or the default notice I am therefore at a severe disadvantage and this is why I am unable to try to reach any agreement with them as they still havent been able to show they have the necessary documentation they need to have to prove they have a legitimate claim over this alleged debt.

 

If you recall no default notice was ever issued by Citi Financial and no original agreement has ever been provided either.

 

As 1st Cr are totally aware I have made it abundantly clear to them on several occassions in writing in the past I am not trying to evade paying anything I owe them and I am more than willing to pay them in full anything I may owe lawfully owe them proividing they can prove they have a lawful and legitimate claim over the money they say I owe them and since 2007 they have failed to do this. This is still my position.

 

Also they are being extremely aggresive and abusing the insolvency service procedures by issuing a statutory demand for payment of a costs order when they knew I was trying to reach an agreement with the court over payment of the costs order at £50 a month. Also the court have just totally ignored my letter to them which is not exactly very professional.

Edited March 1, 2012 by newman

[newman]

Just checked and the £500.20 payment I made on Tuesday still has not gone out of our account yet.

 

Anyone any idea how long it normally takes for 1st Cr to process a payment.

[AndyOrch]

Take as long as they like to process it you have payed it and have proof.

 

Andy

[newman]

Take as long as they like to process it you have payed it and have proof.

 

Andy

 

Well the payment has gone through and is showing the date of the 29th - the day after I made the payment - not sure why the payment didnt show this morning - maybe a glitch at the bank.

 

So now just need confirmation that they have accepted my offer of repaying the balance in 6 payments and also that the SD will be immediately withdrawn although we know that bankruptcy proceedings cant be started on a debt of less than £750 and the balance is now £744.

[babybear39]

Obviously, check for any 'sly' charges which could bring the alleged account back up to or over the £750. Personally, I would request a full statement of the account with a covering letter and bank statement showing the payment

[newman]

Obviously, check for any 'sly' charges which could bring the alleged account back up to or over the £750. Personally, I would request a full statement of the account with a covering letter and bank statement showing the payment

 

Morning BB

 

I will be watching this like a hawk. I faxed them a letter over on Tuesday (& also sent that RD too) specifically requesting that they confirm receipt of my payment as well as confirmation that my offer is acceptable to them and confirmation that the SD will be withdrawn immediately. If I dont receive a letter from them today I will be writing again to request a full statement and I will also confirm that I will be making payments on the 28th of each month and asking again for conf that the SD has been withdrawn.

 

I will send you a PM.

 

Thanks

Edited March 2, 2012 by newman