1st Credit Court Claim Form LLoyds credit card ***Settled by Tomlin Order***

[mooshy]

No ive just heard nothing ?

[BRIGADIER2JCS]

No ive just heard nothing ?

 

 

No doubt you will be informed if stayed/withdrawn or going forward to hearing.

[mooshy]

Andy post 147 says I will not be notified ?

Thanks for reply

[BRIGADIER2JCS]

No doubt you will be informed if stayed/withdrawn or going forward to hearing.

OK I see this Mcol

[mooshy]

Andy what would you suggest now please ? am I best just doing nothing ? Thanks

[AndyOrch]

Andy what would you suggest now please ? am I best just doing nothing ? Thanks

 

Nothing you can do...you wait and see if they wish to proceed.

[mooshy]

Heard nothing until this morning and today I have received a notice if change of legal representative from Moon Beaver to 1st Credit ? ( the claimant ) . This has reminded me that they haven't forgotten about me ? Should h me doing anything now ? They didn't espond to my defence at all ? Thanks

[AndyOrch]

As per my last post......

[mooshy]

Ok thanks .

[mooshy]

Ive just been clearing out an old cupboard and found some old paperwork for this .

 

On the top I was shocked to see that I had a £16 deduction for PPI in 2008 on this cc.

 

I thought I did but they said not.

 

Also on the statement I found I paid 3 x £12 in charges that month £36 altogether + £ 16 PPI.

 

I remember writing to them years ago and

the account was in dispute and

the letter I wrote which I cant remember what is was highlightes that

while the account was in dispute they were not in a position to default me .

 

I have no copy of the letter but

 

do you think if I can possibly claim PPI it would be enough to clear the debt >

 

I originally owed 1035 but

 

they have raised that to ?1250 to include court costs

 

-I defended had no response so it never went to court .

[mooshy]

Bump . Can this affect their claim one ? Could it possibly be why they never responded to my defence ?

[dx100uk]

doubt it.

 

time to get reclaiming.

 

dx

[BRIGADIER2JCS]

Bump . Can this affect their claim one ? Could it possibly be why they never responded to my defence ?

Was a judgement made? Have you checked your credit files?

[mooshy]

No Brigadier . No judgement . I don't think they could just go that because I fully defended the claim and heard nothing . They didn't comply with any if my requests for documents . Just nothing . It's all gone quiet . I first got the default when I was disputing bank charges which I now see included ppi . At least if they pay me back some ppi I can then pay the debt and avoid a ccj ?

[AndyOrch]

Catch 22 here mooshy you either let it stay stayed or you make application to lift the stay to resume and apply the PPI as a Counter claim.

I personally would leave the PPI in abeyance until they (if) lift the stay.

 

Andy

[BRIGADIER2JCS]

No Brigadier . No judgement . I don't think they could just go that because I fully defended the claim and heard nothing . They didn't comply with any if my requests for documents . Just nothing . It's all gone quiet . I first got the default when I was disputing bank charges which I now see included ppi . At least if they pay me back some ppi I can then pay the debt and avoid a ccj ?

When was the last payment made?

 

 

Was the case stayed, withdrawn?

 

 

Check credit files and / or trust on line to see if anything regarding this appears.

[mooshy]

Brigadier the case is just in limbo because they didn't answer my defense.

last payment I cant be sure because they have refused to comply with SAR and CPR.

I check cra regularly and nothing has appeared its up to date inc the court cost but def no ccj ?

[mooshy]

Update .

letter received 14 th July notifying me o change of legal representative from moon beaver back to 1st credit .

They never responded to my full defence or complied with any requests for paperwork .

default was received in dec 2010 from 1st credit when the account was in dispute but I didn't keep the letters then.

 

yesterday I received this :

 

general directions order

In the County Court Business Centre

Claim no xxxxxxx

Date 28th Sept

 

1st credit finance ( 1st claimant ref )

me ( 1st defendant ref )

 

Before the district judge xxxxxxxxx N orthampton

The court will deal with the application to lift the stay without hearing under CPR 23.8 ©

It is ordered that :

 

The application to lift the stay and for direction questionnaires to be issued is granted .

 

then continues and says this order was made without a hearing and I may within 7 days of service of this order apply to the court to set aside or to vary the order ect ...

 

 

2nd page

Application. Notice

Claimant 1st Credit

Defendant. Me

Date 14th August

1. 1st Credit

2. Claimant

3. The claimant is seeking an order that any stay in these proceedings be lifted and that directions questionnaires be issued

4 Have you attached a draft order. NO

5 how do you want this application dealt with. WITHOUT A HEARING

6 how long 5mins

7 details of any fixed trial period.

8 what level of judge. District or deputy district

9 Who should be served BLANK

9a pls give service address. BLANK

10 What info will you be relying on. , the evidence set out below

 

The claimant herein is a company that commences numerous cases in the bulk centre and utilises outside solicitors to do so on their behalf. The claimants own in house legal division will assume carriage of those claims where a part admission is rejected or where a defence is filed.

In this matter the date by which the proceed notification was required was not picked up on transfer to this office and the file proceeded to a notice of change of legal representative when the claim was already stayed.

The claimant would forego its claim in respect of interest for the period from stay to removal of stay so as to avoid any additional prejudice to the defendant.

 

Statement of truth signed

 

Next page

Notice of proposed allocation

TAKE NOTICE THAT

1 This is now a defended claim. the defendant has filed a defence ( a copy of which is enclosed IS CROSSED OU )

2 it appears that the case is suitable for allocation to small claims track.

3 You must by 15th cot complete the small claims dir questionnaire and file it with the court office.

And serve copies on all other parties.

 

NEXT PAGE

 

DIRECTIONS QUESTIONNAIRE

 

A SETTLEMENT/ mediation.

 

B YOUR CONTACT DETAILS

ECT

 

I would really appreciate some advice .

My ABSOLUTE PRIORITY is to try my utmost not to get a CCJ

MY dream would be to have the default removed in 2010 as it will be the only thing on my credit file that is adverse hopefully next year .

I have put in a claim for PPI with the original creditor lloyds when I found the original cc agreement with a definate NO ticked next to PPI and a statement taking PPI out !

The date of 14 the aug when they applied to lift the stay was before my claim with Lloyds so that didn't encourage them to lift the stay they probably don't even know .

 

Many thanks for reading x

[mooshy]

Bump anyone x

[AndyOrch]

Just submit your completed DQ by the date stated mooshy.....nothing else to advise really.

 

Andy

[mooshy]

Thanks Andy .will mediation mean I avoid a ccj ?

[AndyOrch]

Its possible...look at the threads marked *** Settled by Mediation/ADR***....but whether it is or not you should participate and tick yes.

[mooshy]

Would it be possible to get the original default lifted as part of mediation does anyone know . .

They never came up with any documents to prove I actually owe the debt ?

Thanks Andy

Reading threads today .

[AndyOrch]

No.....default markers stay irrespective of not being able to enforce.

[mooshy]

I'm just completed the DQ.

The first box says : to be completed by or on behalf of ............ who is the claimant / defendant ( do I put my own name in this box and delete claimant ) . there was no guidance notes sent with it .

 

In then says in the NHCC and then claim no which is blank , do I also fill out the claim no ?

 

I'm not going to choose my really local cc but one I over the border which is more convenient ?

Could someone pls just run thro this with me before I post please ?

 

Are you asking the court permission to use written evidence of an expert NO

How many witness inc yourself. 1

I think that's it .

Could do with posting in about an hour or so but no worries if no one can look until later I can go to po in the morning .

I return to address and send a photocopy to 1st .credit ?

Many thanks really .