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1st credit claim form for Halifax CC debt


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:?:hi everyone this is my 1st post on CAG although i have regularly looked here re debt issues as i have a few lol.

 

I understand time is of the essence as i have now recieved a claim form

and although reading other threads on here re SAR and CCA requests etc im really not sure what to do ???

 

I took out a credit card in 2004 with a high street building society (not my own though)

and used it without any problems until late 2008 for day to day purchases balance transfers etc paying only a few £12 charges for payments arriving late.

 

My last payment to them was nov 2008 and left a balance of just under £1300.

 

I then hit financial problems and have never made a payment since or responded to any letters or telephone calls from anyone.

 

Due to late payment and over limit charges the balance reached £1600.

 

Recieved letters from the building society themselves then ,

blair oliver & scott,

moorcroft,

midas legal,

capquest,

hl legal,

robinson way,

 

then in july last year got account assignment letter from 1st credit.

 

they offered various discount settlement deals but i never communicated with them at all.

 

In dec got 1 letter from connaught then

 

in jan and feb a letter from judge and priestley.

 

yesterday (march 29th) received claim form from the northampton bulk centre with issue date of march 26th.

 

They have also claimed interest from roughly the date of assignment some £90 or so.

 

Any advice on how to deal with this would be much appreciated.

 

Many thanks in advance .

 

If anyone needs any further information to help me out please just ask although i may not be able to reply till tomorrow morning.:-)

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Hi SUNDERLAND1 ,

now you have recieved the claims form regarding the Halifax CC you need to decide if you are going to defend or admit the claim.

 

If you were to defend then you need to send off or aknowledge on line requesting 14 extra days to send in your defence.

 

If you were to admit the claim you could ask for instalments although this will depend on the claiment.

 

Who is the claiment on the court papers ,

is it the origonal creditor

or is it a debt collection company .

 

Do you have any information such as default notice , termination notice etc.

 

Have you CCA or SAR the origonal creditor .

 

Don't forget do not post anything that would identify you.

 

sleepingdog

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Thanks for the reply sleepingdog :-)

 

To answer your questions

 

1- The claimant on the court N1 claim form is "1ST CREDIT (FINANCE) LTD T/A C"

although it says any correspondence is to be sent to "JUDGE & PRIESTLEY SOLICITORS".

 

2- I have all the paperwork that has been sent by the original creditor and all the other DCA.

As stated before the last time i made a payment was november 2008

and since then i have not spoke or wrote to anyone at all.

 

Got various letters from halifax in early 2009 re been behind with payments then

 

in may 2009 got letter from halifax saying "This is a default notice served under section 87(1) of the consumer credit act 1974."

I cant find a termination notice from halifax but i may have recieved one and mislaid it honestly cant remember ??? Then

 

got various letters from various dca.

 

Account assignment letter arrived 26/7/11 one from 1st credit and one from halifax with a date of sale of 5/7/11.

 

Then came more letters from 1st credit.

 

For some reason got account assignment letters from halifax and 1st credit sent again on 10/10/11 ???

 

Then followed a further 3 from 1st credit

1 from connaught and

2 from judge & priestley

then the claim form .

 

Hope this gives you more info that you wanted..

 

. Really dont know whether to defend or admit

was hoping someone on here could give me some advice as to what they would do.

 

At the end of the day i owed the money but what was oniy about £1250 is now almost £1850

with all the halifax late fees and over limit fees.

Then the court and solicitors costs and the statutory 8% interest. Any further advice much appreciated. Could i defend purely on the basis of the numerous £12 late and overlimit fees been unfair.

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You wouldn't be able to defend the whole claim on the basis,

just the amount which is comprised of charges.

 

If it's about £600 as you say then you can file a part admission and defend the remainder.

 

Defending on the basis of £12 charges being unfair is not the strongest basis though.

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Hi SUNDERLAND1,

 

if you are happy with repaying the debt but are unhappy with the £12 charges it might be worth considering not defending the debt at all

and start reclaiming back the £12 charges along with interest from the OC.

 

I do not know if this is possible after you accept the claim or whether you need to start reclaiming before the court case

or if it is even possible at all now court claim started.

 

So it would be in your best interest to ask the question on this site,

or wait until other more experienced posters reply to my suggestion .

sleepingdog

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You wouldn't be able to defend the whole claim on the basis, just the amount which is comprised of charges. If it's about £600 as you say then you can file a part admission and defend the remainder. Defending on the basis of £12 charges being unfair is not the strongest basis though.

 

Why? Have you sighted the agreement, the terms, the statements of account, the default notice, the termination, the assignment/s, the value of PPI [if any]....... don't make speculative statements only to withdraw from the thread. If you want to assist, do so, if you want to speculate on unknowns why bother posting?

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Gezwee, will you please calm down? I am getting rather tired of going from thread to thread having to react to your nonsense.

 

How on Earth have I 'withdrawn' from the thread? I posted yesterday evening! I do however have a life which involves more than this forum so, occasionally, one or two posts might be made before I have the time to respond.

 

Now then, the OP said this "Could i defend purely on the basis of the numerous £12 late and overlimit fees been unfair."

 

To which I replied:

 

"You wouldn't be able to defend the whole claim on [that] basis, just the amount which is comprised of charges."

 

Are you suggesting that the OP *could* defend the entire claim on that basis? If so you should be ashamed of your lack of understanding coupled with your obvious desire to take control of every thread and drag the OP along. If however you accept that what I said was correct then why are you attacking me for saying it?

 

By the way, it made me laugh that you said this:

 

"Have you sighted the agreement, the terms, the statements of account, the default notice, the termination, the assignment/s, the value of PPI [if any]"

 

And then attacked me by saying this:

 

"if you want to speculate on unknowns why bother posting?"

 

Physician, heal thyself!

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Hi Asokn

 

Excellent stuff, now try expanding on what the OP should be looking for to assist in his case.

 

The forum is not all about a yes or no response, try to afford the OP a little guidance.

 

Sorry....... hardly an enlightened response, it was this section of your post that I considered: 'then you can file a part admission and defend the remainder.'

 

Gez

Edited by gezwee
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Hi Sunderland

 

As the guys have said, you need to work out the total for penalty charges with interest. Also have you been Mis-sold PPI on the account, again you can claim back 6 years plus with interest. Have a read of 1,2 and 3 in my signature.

So you will be defending the claim because the amount they are claiming is wrong.

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Thanks for all the replys folks.

 

From reading other threads on this forum it seems that the purpose of submitting CCA and SAR requests etc

are to ensure that either the OC or the DCA have done everything legal above board a

nd actually have the authority to pursue people for alleged debts right up to court action if necessary ????

 

As explained

 

i have not contacted any DCA or the OC and as such obviously have not submitted any such requests.

 

I have now gone through all my C/C statements, all the following figures are rounded up approximates.

 

At the time i stopped making payments my balace was £1250

the total amount on the claim form is now £1850.

 

The increase being,

£215 late and overlimit fees,

£75 court fee,

£80 solicitors costs,

£90 statutury 8% interest (from the date of the account assignment till present),

the remainder £140 is interest added for a few months after i stopped making payments

but obviously the majority of this interest was on my balance of £1250 which i had spent on the card.

 

Where should i go from now ???

 

Is it worth submitting SAR or CCA requests or anything eles ???

 

Do i now actually have time to do this to keep within the court timescales ???

 

Thanks

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Hi SUNDERLAND1 ,

 

it would help if you post up the claims form minus any barcodes or names and exact amounts that would identify yourself.

 

As you have been served court papers you could do a CPR31.14 on the claiments to request the documents that they are to rely on in court

but you need to post the Particular of Claim ( POC) to allow posters to advise on which documents to ask for.

 

It is always worth doing a SAR to the origonal creditor

 

,it will not be returned before your time runs out for your defence but may help you before the case comes to court.

 

sleepingdog

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Claim Form 1.pdf

 

Had to draft in some family help to scan the claim form and then delete personal information hence the delay.

 

This is first attempt at posting a scanned document so hope it works ok .

 

I still have not responded to the court and i believe i now only have a day or two to do so ???

 

Are all the time limits working and non working days or just working days ????

 

Thanks.

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Anyone able to advise on how to respond also anyone got a definate day i need to respond by ???

 

im guessing issue date + 5 days + 14 days which i belive is the 14th april ????

 

Can this be done online seeing as its northampton bulk centre also can it be done on a saturday ??????

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Hi SUNDERLAND1 ,

scan fine,

 

The POC is quite vague it does not state agreement No ,

nor does it state when the account was defaulted.

 

Any document that they mention within the POC you could request using CPR

but as they have not mentioned much then I would guess that CPR is not much use to you.

 

The dates for responding is as you have mentioned.

 

If you are going to challenge debt then you could aknowledge online and request a further 14 days to submit your defence.

 

Really it is down to you on whether or not you should challenge debt.

 

When I first got into financial trouble I put on one defence that I acepted all of the debt minus the charges

and found that the claimant had accepted that when I appeared in court.

 

Of course now I know much more I would make any claimant work to get any money out of me if they had mistreated me in the past.

 

So it is all down to you I'm afraid.

 

I will try and bump this thread during the day tomorrow to try and get you more responses.

 

Sleepingdog

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Ok thanks for that sleeping dog hopefully get more info tomorrow. However am i still ok to leave it as late as saturday (14 th april ) to respond online without getting a ccj by default ??????

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Hi SUNDERLAND1 ,

 

as far as I am aware you would have responded within the timescale.

 

Also for the claimant to get a judgement by default they would have to contact court ( probably online as NBCC)

so if the court is not available for you on 14th then it won't be for them either also how many sols do you know that work Saturdays.

 

If you are going to defend then it would be worth SAR the OC to get as much info as you can ready for the court appearance

( SAR often around 40 days).

sleepingdog

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  • 2 months later...

Update its not good news !!!!

 

I registered on the MCOL and acknowledeged the claim in time stating i intended to defend part of the claim.

 

However i messed up with my dates for issuing a defence and when i next logged on a ccj had been issued 2 days earlier.

 

This duly arrived in the post stating i had to pay the claimant in full.

 

A short while later a letter from 1st credit listing all their options if i did not pay in full.

 

Today i have recieved from my local county court a

" NOTICE OF ISSUE OF WARRENT OF EXECUTION"

 

this gives me till 27th june to pay almost 2 grand or the baliff will call and may remove goods .

 

I aint got any substantial amount of money to pay them

this is why i have not contacted the court or 1st credit since the ccj was issued.

 

Any advice please anyone on where to go from here ???

 

Really worried now that a baliff going to come and put my front door through ???

 

Are they actually allowed to do this ???

 

Any advice on what a baliff can and cant do would be appreciated

 

thanks in advance.

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Hi Sunderland

 

If you wish to defend then you need to contact the County Court for an N244 to apply to have the CCJ set aside.

 

If there are no grounds to defend the action, and you agree to the debt then once again you need to contact the court and ask for an N245 Form. This is to apply to have the Warrant of Execution set aside and to offer to vary the payments so that you can afford to repay the debt at affordable monthly instalments.

 

Regards

 

Andy

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Thanks for that andy. Just checking is it still possible to apply for a set aside when at the end of the day it was my own fault that i missed the deadline for filing a defence ?? I have no excuse other than i mis plonked on my deadline date for responding. Would the court not refuse the set aside application on such a lame reason to request it.

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Wasn't you going to partial admit anyway? If so then yes it would be pointless my post was just in general, not governed to your particular dilemma.

 

Regards

 

Andy

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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks andy. T

 

o be honest i was only going down the partial admit road due to previous posters advising to dispute the amount due to unfair charges.

 

However these only total £215 and i had no PPI or anything like that.

 

Does it seem worth applying for a ccj set aside to partial admit £1700 on a debt which now stands at approx £1950.

 

My previous point about the ccj set aside was that i thought you would only stand a chance of a set aside been granted if you had good reason

ie ccj paperwork sent to a previous address so a defendant had no knowledge of what was going on ???

 

I assumed if you missed deadline for issuing a defence that was it game over no chance of a set aside ???

 

 

Or am i wrong here ????

 

Cheers.

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No real grounds for a Set a side, you missed the defence deadline as stated,I personally would just submit the n245.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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