Court claim received - 1st Credit / Halifax

[lavamyz]

Hi There

 

yesterday morning i received a court claim form from 1st credit, i am literally bricking it.

 

i CCA'd halifax a long time ago who took forever to supply a copy of the agreement then it moved to iqor, then connaught, then 1st credit

 

the last three letters i've written to 1st credit i've asked them to negotiate a settlement or a monthly payment, they've completely ignored me on all three occasions writing back with "pay up in full or else"

 

i earn 950 a month net, do not own a house, a car, or anything of value and have no savings but i do have a relative who would help me out (this relative was actually paid £3000 off the balance a few years ago but despite this the amount claimed is £4500 more than what the balance was back then - approx 8k and its now 12500 with 1st credits interest charges)

 

i've attached the claim form, a copy of the agreement front and back and a copy of the deed of assignment.

 

my view was this; the agreement provided is not an agreement but an application form containing none of the prescribed terms and an unrelated T&C's copy and pasted onto the reverse in an attempt to create something passing off as an acceptable document. every DCA avoided answering my questions and simply said pay up or else.

 

i've not put in any claim for unfair charges, ppi (which looking at the application it would appear i didnt have) etc

 

my question is? how do i defend this properly??? i do not want a CCJ!!!!

 

thanks!!!

[babydoll0141917]

your attactments are to small to read..This application form is the same has mine Im in a dispute with 1st Credit at the mo..I have 1st credit onto me at the moment ..Afew of the ppl on here that have had SDs and court summons have had theres withdrawn once they have defended....

 

Im ssure someone will be along to help soo

[lavamyz]

how peculiar, cant seem to find out why they are so small or what to do about it!

 

here they are larger;

 

http://i45.tinypic.com/2aan769.jpg - agreement front

http://i46.tinypic.com/2q3xky9.jpg - agreement back

http://i47.tinypic.com/2f064n7.jpg - deed of assignment

http://i49.tinypic.com/ifo11z.jpg - CC claim form

 

hope this is better!

Edited September 18, 2012 by lavamyz

[vic synex]

You've left a lot of detail on the claim form that will enable "guests" to identify you.

[ims21]

Hi

 

You now have a strict timescale to work to.

 

Claim issued 12/9 so you allow 5 days for service = 17/9 and a further 14 to acknowledge which is 1/10. Then you have 14 days to put in a defence which takes you to 15/10.

 

Have you got statements on this account?

 

What will be the basis of your defence?

[lavamyz]

i dont have any statements i'm afraid.

 

basis of my defence - great question, thats what i need help with. i'm looking at the "agreement" and thinking that this isnt enforceable in court but i'm far from an expert.

[babydoll0141917]

there is a big issue with these agreements/applications..the code on the front and the back dont match.. which in MHO there are not part of the same document..I dont think an application is proof that an account was open ..but some ppl on Cag have said that some apps can double up as agreements..

 

mine has been going on now for 4 years ..Been round loads of DCAs..had a 40% discount letter of halifax in 2009..Alot of ppl have said if Halifax wanted their money they would of issued a claim years ago ..I doubt 1st credit have all the paper work, and will prob withdraw once you defend

SARS Halifax and get all the info you can from them it will cost you £10 they have within 40 days to reply..do you not have a DN or TN ??

 

I would use the CCA in my Defence if it ever came to that

[babydoll0141917]

Any update on this please ??