1st Credit ClaimForm - MBNA Loan debt

[TheDarkKnight]

Hello Everyone,

I've been a member for sometime but haven't really had the need to use the forum until now.

 

I have received a claim form from 1st credit regarding a loan that was originally with MBNA.

 

Apparently, it was assigned to them by MBNA.

 

I have attached a copy of the claim form and wanted some advise as to the best way to tackle it.

 

As can be seen they have made no mention of the CCA in the POC.

If I was to send a CPR 31 to the solicitors can i request a copy of it, even though it isn't mentioned in the POC.

Also, can I ask for a particularised breakdown of the amount claimed?

Any help with this would be greatly appreciated.

Thanks in advance

 

 

[PGH7447]

 can you elaborate on what the debt alledges to (loan from MBNA)

how much when defaulted if it was defaulted,

was there PPI,

any charges you can claim back etc etc

 

when did the loan start?

[TheDarkKnight]

Tried pasting a larger one but got an error message saying that I should have a post count of 20 or more to be able to do that.

Anyway the particulars of claim states the following:

 

The claimant claims the sum of £10777.54 for debt and interest. The defendant was indebted to MBNA for credit advanced. The debt was assigned to the claimant. Notice of assignment was given to the defendant.

AND THE CLAIMANT CLAIMS

1. The sum of 9657.77

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00% per annum from 3/4/09 to 14/9/10 1119.77 & thereafter at a daily rate of 2.12 until judgement or sooner payment

 

IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM PLEASE CALL BLAH BLAH

 

 

I remember having my agreement audited and it was found to be in breach of the CCA 1974, I still have the two reports is it worth mentioning the breaches, even though I may not be able to explain them in court. Also, another audit found that the amount I would need to pay back was more than stated in the agreement.

 

Hi PGH7447,

There wasn't any PPI with it. Some charges had been added. Upon default the balance was around 9677

[harrassed senior]

I would have thought that the first thing to do would be to notify the Court that you will be entering a defence and that will get the claim moved to your local court and get you an extention of time th submit the defence.

[BRIGADIER2JCS]

This is exactly the same format as a Claim I am dealing with now, and I have seen 2 others it seems 1st Credit,Connaught/ Judge & Priestley LLP and the in house ''Solicitors'' at 1st credit LCS LAW are using the court system to attempt to recover statute barred or nearly stat barred debts, the one I am dealing with at the moment has been

dragging on since July,just been informed that Judge Priestley have been instructed to take no further action as the matter has been passed to LCS LAW.

I am aware that 1st Credit does not have the have CCA as they have failed to produce under a CCA request and SAR

also under CPR.

Just a ploy to frighten you into contacting them.

[TheDarkKnight]

Unfortunately, mine's not statute barred. I submitted the AoS and CPR request today. I just have to wait and see now...

[BRIGADIER2JCS]

May be they don't have the CCA and hope to get judgement in default because of non attendance or similar, it's a trick

many of the ''solicitors'' use.

[TheDarkKnight]

Just to give you an update on this.

 

I sent a CPR 31.14 request on 23/09/10 by next day delivery, giving them 10 days to reply.

 

In the letter i quoted "Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order"

 

To date they haven't replied.

The ten days are over.

I have to file a defence by 18/10/10.

 

Shall I wait until nearer the time to file a defence or can I make application now to have the proceedings struck out?

[BRIGADIER2JCS]

If LCS are still writing to you after 02/06/10 tell them to Fox trot oscar the ceased to practice that day the have no solicitors, confirmed by SRA.

If have such letters report to OFT and SRA quickly, the Serious Fraud Information Bureau are in the loop already.

Notify the court manager where the claim was raised too.

[PGH7447]

file your defence now, use one of the embarrassed defences there are loads on the legal form, if you wait you may miss the dealine which gives them the chance to get a ccj by default, and we dont want that do we

[TheDarkKnight]

Thanks I will do that today. Out of interest, can i file an embarrased defence and apply to have the case struck out at the same time? I am thinking that as they haven't responded to the request and I did say i'd get it struck out if they didn't, I might as well kill two birds with one stone!

[TheDarkKnight]

Hello everyone,

Just to give you an update with this.

 

I filed an embarrassed defence on line on 12/10/2010.

I heard nothing since then.

 

Today, I have received a change of solicitor form and some documentation (not all) and not all the answers to my questions.

It seems that on 19th November 1st credit changed solicitors to LCS solicitors.

with the covering letter they are requesting that i file a defence by 10th December 2010.

 

I was under the impression that should i not hear from them for 28 days from 12th October than the case becomes stayed and an application has to be made to re-instate it.

 

As they have sent me some alleged information nearly 38 days after 12th October and nearly two months after the first request to the original solicitors, am i right in thinking they are trying it on?

 

I will phone the court on monday to see if they have applied to have the case re-instated.

 

In the meantime any help and advise would be really appreciated.

[PGH7447]

LCS are their in housw mob, however I believe that the guy who used to run it left, so maybe worth while checking these out on the SRA website

[FightToTheEnd]

LCS do not appear to be registered with either the SRA or the Law Society. They also do not quote an SRA registration number on their letters and the company number they quote is actually 1st Credit, who, by the way, have not filed last years accounts with Companies House and will be facing penalties!!

[TheDarkKnight]

Many thanks PGH7447 and Fighttotheend, for your replies.

 

I had another look at the paperwork they sent me.

They've sent me an excel spreadsheet of my account which they've created and a notice of assignment dated 7th April 2009.

 

The notice of assignment looks genuine if wasn't for the fact that the figure quoted in it doesn't match the outstanding balance at the time and to any of the letters 1st credit had previously sent me.

 

The figure quoted, which is a lot higher, is the latest balance with all the costs they've been adding (as at Nov 2010).

I think this is a clear case of fraud and also contempt of court.

 

What should I do now?

Can i write to the court and I advise them of this and ask for the case to be struck out?

and also advise the court that they've never responded within the time periods allowed.

 

Any help with this would be greatly appreciated.

 

Many Thanks

[FightToTheEnd]

If 1st Credit have now come up with an agreement and default notice etc, and they are compliant with the CCA then I think you will struggle. Post them up though. I would be very wary of accusing anyone of fraud in a court room as it is a very serious allegation, whether you feel you can prove it or not. I'm not saying you shouldn't point out their innaccuracies, but just be careful how you word things.

 

Also, whilst you can complain about LCS to the SRA etc, I don;t think it will have any immediate impact on your current position.

[BRIGADIER2JCS]

SRA says they ceased to trade 02/06/2010 no solicitors employed by them, just a desk 1st Crud HQ.

[FightToTheEnd]

Does that offer any legal basis then for stopping them bringing action in court?

[TheDarkKnight]

Hi Fighttotheend,

They haven't sent me a copy of the CCA or the default notice. The notice of assignment they've sent me has the wrong figure on it as explained previously.

I was going to contact the court tomorrow and find out if they've re-instated the case, if not, I was going to apply for the case to be struck out, on the following basis:

1. They never replied to my CPA request in the time period i specified.

2. When i submitted my embarrased defence, they didn't respond within the 28 day period. From what i know the case is now 'stayed'

3. The NoA is inaccurate and in my opinion is forged.

4. They have previously supplied two separate terms and conditions, none of which had the alleged account number or any reference that it referred to my alleged account.

 

Any help with the above would be appreciated.

Many Thanks

[BRIGADIER2JCS]

It is possible that they (LCS) may try to represent them selves as qualified solicitors

should they decide to go all the way to court, district judges tend to take a very

dim view of those who falsely claim to be officers of the court.

You could write to the court manager ( used to be the chief clerk) pointing the situation out as it stands.

So that the court is aware and the D.J. is advised of the possible misrepresentation.

[FightToTheEnd]

Well I'm no expert and I would suggest looking to the site team for definate advice, but I'd be inclined to agree with you and go for a strike out. Did you do any draft directions with your embarrassed defence or did the judge make any order for them to supply docs?

 

I would apply for the strike out purely on the basis of not supplying a DN or CCA - I wouldn't suggest they had forged anything. I also suspect they will say the T&C's are of differing times but all relate to the account.

[TheDarkKnight]

Thanks for your help with this, I appreciate it.

 

I phoned LCS this morning to find out if the case had been reinstated,

the guy i spoke to said:

It isn't reinstated as such,

once Judge and Priestley issue the claim and receive a defence,

the case is passed back to us and we deal with it. H

mmm....what do you guys make of this

 

I phoned the court and they advised the case was stayed on 15/11/2010 and is still stayed

 

I received the notice of change of solicitor dated 19/11/2010 a few days ago.

 

How long does it take for the court to update it's records, because by now they should've had LCS as the solicitors, (if LCS did indeed send the form to the court).

 

I'll wait for some replies before i apply to have it struck out.

[DonkeyB]

If it’s stayed, they will have to apply to the court to take it further. But that would be a formality, to be honest.

 

Can you post copies of the documents you have received, as previously requested?

[TheDarkKnight]

Here are the IMG codes to the documents in photobucket:

 

 

 

 

Hi, I've attached correspondence i received from them.

I hope you guys are able to see them.

St1 and ST2 are pages from the annual statement that they sent me by fax today.

Notice the amount outstanding and the charges added.

 

The NoA is dated April 2009, notice that the amount is the same - in my opinion they've just created it recently!!

 

In the letter they're asking me to submit a defence by 10th December - can they do that?

Hope to hear soon.

Many Thanks

 

 

 

 

[DonkeyB]

Interesting. As you say, they have clearly made up the NoA – it is clearly false – it is dated April 2009 but includes amounts added by 1st Credit up to September 2010. They have also added the court and solicitors fees of the claim form, which they simply cannot do!

 

That totally invalidates the NoA.

 

Unbelievable.