Merry Christmas!! Look what just hit the mat!!

[Chaufferdude]

Well it would appear the claim is 'stayed' now. 33 days were up on wednesday just gone. Is this a good sign? Now they have gone to their own 'LCS Solicitors' and not replied in time I would guess that is helpful? Many thanks.

[Chaufferdude]

Well here we go again!! Over 12 months later finally got reply to my defence statement!! Just received notification from Crudders that they now have the part 18 CPR information to hand and intend to apply for summary judgement under part 24 CPR!! They are inviting me to make an offer of payment by next week!! Where do I go from here? Will try and post up letter later and refresh my memory on all previous details etc. Any advice gratefully received. Cheers.

[asokn]

It may help to do a quick summary of your case so far as a starting point for newcomers to the thread.

 

As for the immediate situation, you should receive a notice of hearing, application for summary judgment and supporting witness statement in due course. Post up the details when you get them. You may want to do a bit of preparation by reading Part 24 of the CPR.

[unclebulgaria67]

Well here we go again!! Over 12 months later finally got reply to my defence statement!! Just received notification from Crudders that they now have the part 18 CPR information to hand and intend to apply for summary judgement under part 24 CPR!! They are inviting me to make an offer of payment by next week!! Where do I go from here? Will try and post up letter later and refresh my memory on all previous details etc. Any advice gratefully received. Cheers.

 

Surely, they only have a certain period of time to continue the previous court claim.

 

It might be worth speaking to the clerk of court about this or wait for someone on CAG with more knowledge to reply. I suspect that another CPR will be of help to you here.

[asokn]

If the claim was stayed there's no problem in having the stay lifted after such a period. I assume that is what happened here?

[DonkeyB]

However... they should be sending you the Part 18 response first, then allow you to consider it in the light of the claim.

 

Have they sent you the CPR 18 content yet?

[DonkeyB]

Remember also that a Part 18 response MUST be accompanied by a statement of truth. You should have opted for a strike out earlier, IMO, as CPR 18 requests should be answered VERY quickly – not after several months.

[Chaufferdude]

I will check later but seem to remember a previous response to CPR request. I submitted my defence by end Feb 2011 I think. They did not respond so claim has been stayed for over 12 months!!! There is a copy of the loan agreement with PPI of over £1000 on the agreement - reclaimable? There are some bank statements showing the overdraft balance and payment history but that is the extent of it!!

[Chaufferdude]

[Chaufferdude]

Hopefully this should attach the latest letter from these clowns! They appear to have a copy of the loan agreement and payment history. Also enclose bank statement for period stated. No paperwork to show how or why accounts merged etc.

[unclebulgaria67]

Too small to read.

[Chaufferdude]

Sorry always seem to have this problem. Any ideas how to make attachment larger? What am I doing wrong?m Cheers

[Chaufferdude]

Try again!!

[DonkeyB]

Try photobucket.com or insert inline as a PDF.

[Chaufferdude]

Thanks for your help with this fiasco! Just to recap a little. This debt originates from 2000 onwards. Consists of a current account with approx £9000 overdraft and a loan of £5000. These two accounts with Lloyds were amalgamated into one account circa 2004 and assigned to Crudders in 2006. They chased me for a while and in 2007 I did make several payments (under duress I might add as they are not nice people and I didn't know any better). Stopped paying and had usual round of threatograms etc until Dec 2010 when they tried to obtain a CCJ for debt. POC were vague and I asked for details under CPR18. I did receive a vague reply and they said they were trying to get full information etc. I submitted my defence on basis of poor information received and they didn't respond in time so claim was stayed as of March 2011. Now they have just written informing me that they now have the CPR 18 information (not quite within 14 days!!) and intend to apply for summary judgement under CPR 24. The CPR info consists of a loan agreement which I did sign, loan payment history and bank statements for current overdrawn account between Oct 2003 to September 2004. They have given me until the 16th to make contact with proposals for repayment or they will proceed to lift stay etc.

 

Couple of things that come to mind. I did not realise they were still intending to reply to CPR18 albeit over 14 months late!! Does this help? Loan agreement has PPI premium of over £1000 listed, can I reclaim? They knew it was no use to me as was and still am self employed? No agreement was ever signed in respect of overdraft or amalgamation of the accounts!

 

Many thanks for all advice so far.

[Chaufferdude]

img005.zipTry again!!

[Chaufferdude]

Cracked it I think!!

[Chaufferdude]

Hopefully that letter copy is now readable, nice to have finally mastered how to post it up!!

[unclebulgaria67]

Yes definitely make a complaint about the PPI and look to reclaim.

 

In regard to the legal situation now, I think you would be wise to see if you can get some tailored legal advice about your situation. A solicitor who is clued up about this might be able to derail First Credit taking this forward.

[Chaufferdude]

Thank you for that. Trouble is time is marching on! Letter reads as if they would come to an arrangement and repayment plan. I was offered a £5000+ settlement some time ago but was not in position to sort at the time. That also led me to believe they were on shaky ground or why offer such a discount? Many thanks.

[Chaufferdude]

Thinking about this yet again. I had a response from the clowns claiming to be my CPR PART 18 response before I submitted the defence in Feb 2011. This latest letter claims to be the Part 18 response as has taken 'considerable time' to obtain information. They also only have a few bank statements relating to the overdraft debt, is this enough in court? Got to make a judgement call soon as 16th is their imposed deadline. Presuming they apply to lift the stay what sort of timescales are we looking at fro proceedings to continue? Thanks again.

[Chaufferdude]

Bump!!

[unclebulgaria67]

When did you last make a payment or wrote to acknowledge the debt ?

 

When was the current stayed court claim issued against you ?

 

In a previous post you mention a default in 2004 and then it appears that the court claim was not made until late 2010 ?

 

Statute barred ?

[Chaufferdude]

Unfortunately I made several payments in 2007 (under duress as they were particularly nasty to deal with and I didn't know any better). After stopped paying ignored them until Court Claim arrived December 2010 (conveniently over Christmas). I asked for CPR info etc and submitted defence. As they didn't reply claim was stayed Feb 2011 until now when they say they are going to lift stay and apply for summary judgement. Statute barred doesn't apply I presume? Many thanks.

[asokn]

You're correct, the claim is not statute barred as time runs up to the date of issue.