1st Credit Claimform - Halifax credit card ***Settlement agreed /Claim Struck Out ***

[Stressed150]

Hi all

 

Have recently recieved a claim form from a DCA for an alleged debt,

 

however, I sent all relevant SAR a while back and received terms and agreements which definitly did not meet the CCA enforcement requirements at the time

 

- any advice on how I can counterclaim/defend this?

 

I'm considering seeking legal advice/employing a solicitor

 

- however, I am aware people have successfully defended without...

 

. any help/guidance/next steps advice please??

[ims21]

Hi

 

I have moved you the Legal Forum where the guys will be along to help as soon as they are available.

 

In order for them to give you the best help, please can you provide the information requested here....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

[Stressed150]

The issue date is 3 March 2014,

 

the claim is for an alleged credit card which goes way beyond 2007,

and amounts to just under £1000.00,

account defaulted in 2009,

 

payments were not being made as SAR request indicated a dodgy default notice

and a CCA which appeared unenforceable a

nd here is where the dispute with the original creditor begins.

Debt was assigned to several different companies.

 

I have not yet sent off any of the documentation

- not sure of what I need to do after acknowledgement and CPR request....

 

Any guidance would be much appreciated

 

Ok- Acknowledgement senr online, CPR to be sent today -

 

Their POC stated are as follows

- please note some dates and amounts have been ammended

 

The claimant claims £1110.00 for debt and interest,

on xx/xx/2003 the defendant enetered into a credit card agreement with xxx

under ref no xxx xxx xxx

 

on xx/xx/2009 the defendant defaulted on the agreement with an outstanding balance of £1000.00.

 

On xx/xx/2012 the debt of £900.00 was assigned to 1st credit (Finance)5 ltd.

 

On xx/xx/2013 the company changed its name to CAI finance ltd and

on xx/xx/2013 assigned the debt to 1st credit (Finance) ltd.

 

Notices of assignment were sent to the defendant in accordance with s.136 law of property act 1925

And the claimant claims

 

1. the sum of £900.00

2. statutory interest of £150.00 pursuant to s.69 county courts act 1984

at a rate of 85 per annum from xx/xx/2012 to xx/xx/2014

and at a daily rate of 0.22 until judgement or sooner payment....

 

 

Find it confusing how it goes from 1st credit to name changed to CAI and then back to 1st credit

- Does anyone know what this could possibly be about?

 

I find that part of the POC extremely confusing....

 

Any guidance please??

[AndyOrch]

They are all the same company Stressed....a court claim can only be issued by the legal owner in their name..the reason behind this company having (5 at last count) names and changing.....well Ill let you work that out.

[Stressed150]

Hi everyone still need to send of cpr and defense for this - however, I was looking over passed documents relating to this CCJ - it seems that the alleged agreement was terminated by halifac, however, this is not mentioned in the POC by first credit - should I be concerned?

 

Therefore, I'm not sure whether I need to include this as part of the CPR? Also, the CCA request was sent to Halifax originally which resulted in a lot of to-ing and fro-ing between me and them as the document they were producing as the alleged agreement was completely illegible, and did not appear to contain any of the prescribed terms and conditions as far as could be seen - it was difficult to read as the document produced was illegible - do I need to make mention of this in the CPR?

 

Can anyone please provide further guidance with this as I wish to send of cpr asap?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?204201-Is-this-Halifax-CCA-enforceable-please

 

this claim relates to the issues discussed in this link - I'm trying to put a defence together at the moment, CPR has been sent as of today, can someone please offer some guidance in terms defence?

 

Many thanks

[theoldrouge]

have you sent a further cca request to 1st Credit? until you receive a legible and compliant copy of your agreement s78(6) will apply, and will form part of your defence. Have a read of cpr 16.5 it will help you understand the format of your defence

[Stressed150]

thankyou theoldrouge i will look at these and get another cca sent off to see what they have -

[Stressed150]

OK so legal people for this have responded to my cpr, stating they have requested the documents requested from DCA and that I have 14 days from them sending me the documnets to submit a defence - this sounds dodgy to me.... are they allowed to make that decision, or are the defence submission deadlines set by the court only

 

contacted the court today to enquire what my position was with regards to submitting a defence

as claimants solicitors gave me 14 days to submit defence once they respond to my cpr

 

-however the court informed me that I have until Monday 4pm

as they have not received anything in writing from the claimants to advise them of this if no defence is submitted,

 

the claimant will be granted ccj by default....

 

 

. I am really struggling to put together a defence which is now in for tomorrow,

 

 

can I fax a copy of the letter to the court and get extension that way?

 

Can anyone please help - I'm really not sure what to do

 

After having had another read around - will be scanning and emailing/faxing off response letter from claimants solicitors stating the account is on hold and they are giving me 14 days after having sent the documents requested to submit a defence. In the meantime, the documents have been requested from the client.

 

Hopefully this will be sufficient.

 

Can someone please take a loom at this and let me know if it needs changing?

 

 

Defence

 

1.The defendant contends that the particulars of claim arevague and generic in nature. Thedefendant accordingly sets out its case below and relies on CPR r16.5(3) inrelation to any particular allegation to which a response has not been made.

 

2.Paragraph 1 is admitted that I have in the past heldaccounts with the Halifax, it is denied that any notices of assignment were received.

 

3.It is denied that the defendant owes any money to theclaimant and the claim

 

ant is put to stratict proof to:

 

(a) Show how the defendant has entered into theagreement

 

(b) Show how the defendant has reached the amountclaimed for

 

© Show any evidence that a termination notice wasissued

 

(d) Show how the claimant has legal right eitherunder statute or equity to issue a claim by way of notice assignment andevidence of its service

 

 

 

On receipt of the claim form the defendant sent a CPR 31.14request dated….. for the credit agreement and statement of account which show howthe amount claimed for has been reached.

 

 

 

Defence

 

1.The defendant contends that the particulars of claim arevague and generic in nature. Thedefendant accordingly sets out its case below and relies on CPR r16.5(3) inrelation to any particular allegation to which a response has not been made.

 

2.Paragraph 1 is admitted that I have in the past heldaccounts with the Halifax, it is denied that any notices of assignment werereceived.

 

3.It is denied that the defendant owes any money to theclaimant and the claimant is put to strict proof to:

 

(a) Show how the defendant has entered into theagreement

 

(b) Show how the defendant has reached the amountclaimed for

 

© Show any evidence that a termination notice wasissued

 

(d) Show how the claimant has legal right eitherunder statute or equity to issue a claim by way of notice assignment andevidence of its service

 

 

 

4.On receipt of the claim form the defendant sent a CPR31.14 request dated xxxxx 2014 for the credit agreement, theassignment of notice , the default notice and statement of account, which show how the amount claimed for has beenreached. On the xxxxx 2014 the claimants solicitors confirmed receiptof the CPR 31.14 request, and advised the defendant the aforementioned documentshave been requested from the claimants client, and granted the defendant anextension of 14 days to file a defence, once the defendant has been furnishedwith the requested documents.

 

5.On xxxxx, the defendant submitted the documentfrom the claimant granting the extension of 14 days, together with a cpr 15.5request to the claimant.

 

 

Any thoughts please????

[Stressed150]

now submitted above defence - have also been given a barrage of information from the court regarding final submission date for defence given my situation, but lets see what happens

[Stressed150]

Can someone please offer me some guidance with this,

 

I have submitted the above defence to the court, and

 

sent CRP to first crecit, to which they have now replied,

 

however they have given me until mid week next week to reply to them,

 

they have not indicated whether they wish to purse through the courts -

 

also have I landed myself in trouble with the above defence

 

i.e it is admitted that I have in the past held accounts the Halifax.....

 

as they seem to be making a big fuss of this in their response..

 

 

...someone please help!!

[Stressed150]

Hello

 

I have a hearing date early November relating to this account-

 

Do u need to submit a witness statement to the court or can I rely on my original defence?

 

The claimants solicitors have sent me the witness statement they intend to use on the day of the hearing.

 

It contains what appears to be reconstructed terms and conditions attached to an application form.

 

Interestingly though it also contains a dodgy default notice with lots of detail omitted - this is definitely different to the I r I was sent by the OC when I initially sent a CCA/SARaby years ago

 

Any guidance will be much appreciated

 

Thank you

 

Ok so i don't know if I'm getting carried away here - but in the reconstructed alleged agreement there is still no credit limit indicated, the so called terms and conditions state £20.00 late payment charges, however the statements they've sent me clearly show that the actual late payment charges they applied were £25.00

 

The default notice I have from original CCA gives me less then 14 days to make payment before termination of agreement with the OC

 

Can I now armed my defence and include this as part of it?

 

Any guidance will be much appreciated

 

is anyone able to offer me any advice on this please?

 

Yes, I now understand that I need to submit a witness testimony, which I didnt do at the DQ stage

(Opted to go for mediaiton as the claimant did, but never realised that I also should have submitted a witness testimony?)

 

the case never went through mediaiton in the end,

 

as the claimant, backed out and applied to have the case transferred to a local court,

for which I have a hearing date early (Very early November).

 

I have checked the notice of hearing of application, and

 

I have 7 days before the hearing date to submit any writtten material on which I intend to rely on as evidence to both the claimant and the court

 

My main issue here is, am I able to argue that what the claimant and oc have sent me

(application form with signature on it, and terms and conditions on seperate paper)

does not consitute an agreement,

as it does not contain prescribed terms No credit limit etc

- and is merely an application form?

 

The claimant has also sent me a template default notice with amounts and dates completely omitted.

 

However I have a copy of the said default notice from some years ago without the omissions,

and the date on the top of the letter is july and the date asking for payment to be made is July

- surely that doesnt give 14 days considering days for service etc.

[dx100uk]

can we see the CCa return fron the claimant in response to your CCA request please?

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGicon IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAGicon you must ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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ENSURE: To leave all Monetary Figures and Dates.

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

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1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

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[Stressed150]

here is the first page of their response to my request - it is barely legible

 

Here is one set of the TandCs that were sent as part of the bundle

 

Part 2 of the terms and conditions is attacjed here,

 

unfortunately I have not been able to upload these to word, as the only way I have been able to upload these is using my camera phone

 

Any guidance will be much appreciated

 

Thank you in advance

 

This is followed by approximately 13 pages of what appears to be two sets of terms and conditions- none of which are actually on the back of the applicaiton form, and are on separate pages - is this still likely to count as an acceptable reconstituted agreement?

 

The CCA was also furnished with some statements, and a default notice.

 

In the first set of terms ad conditions, the amount for missed payments is quoted as £20.00, however, when I look through the statements, its always been either £25.00 or £12.00 for a missed payment - can I use this as part of my witness statement?

[AndyOrch]

Stressed what dates must you comply with standard disclosure and exchange of Witness Statements?...refer to your Notice of Allocation.

 

Andy

[Stressed150]

Hi Andy. I have to submit WS and standard disclosure 7 days before the hearing date which is 3rd Nov

[Stressed150]

Is anyone able to offer any advice? Is the above now considered a reconstituted agreement?

 

Looking back at the docs sent to me as part of cpr the account appears to have ppi and Atleast half the balance is made up of charges and interest

 

Any advice would be much appreciated as I really want to get WS sent off ASAP

 

Many thanks

[AndyOrch]

No that is the original application/agreement...it has your signature and date...whether its enforcible would be down to whether the prescribed terms are contained within the main body of the agreement.

[Stressed150]

Am I right in assuming the prescribed terms are not within the main body of the text? There's

 

The terms and conditions appear seperate and prescribed terms are not apparent on the barely legible page that contains a signature

 

Any guidance please?

[AndyOrch]

Stressed can you scan in a copy of their WS please...lets have a look at the points they plead.

 

Andy

[Stressed150]

1. I am the in house solicitor of the claimant company etc etc etc

 

2. I make this statement in support of the claimants application for summary judgement under CPR part 24

 

BACKGROUND TO THE CLAIM

 

3. The claimants claim is for xxx for monies due and owed together with costs and interest.

 

 

The claim relates to Halifax PLC credit card under account xxxxxxxxx.

The Halifax application is signed and dated xxxxx and is attached at page xx.

 

 

The first agreement between the defendant and Halifax is produced at pages x to x pursuant to HBOS group reorganisation act 2006,

BOS acquired the assets and liabilities of halifax plc.

A copy of those T&C are attached pages x to x.

 

 

A copy of the screen print confirming the default notice was issued to the defendant on xxx

and a template letter sent at the time is exhibited at pages xxxx.

 

 

Finally copies of the available statements relating to this account for the period xxxx to xxxx are at pages xx to xx

and an account history received from BOS thereafter when the account passed to recoveries is exhibited at page xxx

(For the avoidance of doubt no statements are issued at the stage).

 

 

The last payment received on the account was on xxxxxx.

 

4. On xxx BOS assigned its debt with the defendant to 1st credit.

The debt owing on assignment was £xxx.

 

 

On xx/xx/xx finance 5 on behalf of BOS sent a notice of assignent and an introductory letter to the defendant.

 

 

On or about xx/xx/xx Finance 5 changed its name to CAI Finance and a letter was sent to the defendant in this respect.

 

 

On xx/xx/xx CAI assigned the debt to the claimant and a notice of assignment was sent to the defendant on xx/xx/xx.

 

 

All the above notices were sent to xxxxxxxxxxxx

It should be noted that this remains the defendants current address.

 

 

Copies of letters and notices are reproduced at pages xx to xx.

They have not been returned undelivered.

 

5. The claimant attempted to recover the debt due and owing to it by utilising telephone calls and letters but it did not receive a response.

 

DEFENDANTS DEFENCE

6 The defendants defence is that she denies receiving the notices of assignment and that she does not owe the debt.

 

 

All notices and letters were sent to the same address as submitted in the defendants defence for service,.

 

 

The letters are deemed served pursuant to CPR part 6.

 

 

No notices and/or letters were returned undelivered.

 

 

The claimant submits that notices of assignment were properly served pursuant to section 136 of the law of property act 1925.

 

7. Following receipt of the claim form

the defendant sent a letter to the claimants former solicitor Walker Morris LLP

requesting the disclosure of documentation pursuant to CPR part 31 (Pages xx to xx).

 

 

On xx/xxxx the claimant sent all the requested documentation to the defendant having received the same from BOS (Pages xx to xx).

 

 

The claimant sent a further letter on xx/xx/xx (Page xx). No response was ever received.

 

8. The defendant is now in possession of all the relevant information including a copy a copy of the signed credit agreement.

AS such the debt is now enforceable pursuant to section 78 of the consumer credit act 1974.

The defendant has submitted no evidence in support of her defence other then a blanket denial of liability

and request of documentation (the claimant complied with the request).

 

THE CLAIM

9 The particulars of claim contain a concise statement of the nature of the claim

detailing that it arises from credit advanced from halifax plc and more latteraly BOS;

that it was assigned to the claimant ;

and various notices of assignment were sent to the defendant.

 

10 The particulars of claim also detail the amount of the debt and the fact that interest is charged on the same at a rate of 8% per annum,

and it also informs the defendant of the daily interest rate.

 

11 Before issuing the claim the defendant was sent numerous letters detailing the origins of the debt,

the relevant account number, the sum owed, and ws therefore aware of the claim details.

 

CONCLUSION

12 I therefore submit the defendant has no real prospect of successfully defending the claim

and there is no reason why the claim should be disposed of at a trial.

 

 

The claimant therefore requests judgement as follows

Claim amount £xxx,

Fixed costs £xxx

Issue fee £xxx

 

 

Interest from assignment xx/xx/xx to today xx/xx/xx being xxx days @ 22p £ xxx

 

 

Total £xxx

[AndyOrch]

Ah so this is a separate application/hearing for Summary Judgment...not related to the Notice of Allocation/ Directions.

 

Stressed I think it would be wise if you read the following before preparing a response to the above application

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

[Stressed150]

Thank you for the link

 

 

- but this is extremely confusing

 

 

- so 1st Credit are requesting the court to grant CCj without trial??

 

Im more confused on where I stand now?

 

 

Do I not submit a WT of my own in that case?

[AndyOrch]

Yes you can submit a WS in objection/response to their application for SJ...this must be served not less than 7 days before the hearing for SJ.

 

Was this application attached to their copy DQ? If so did they state in their DQ that they were intending to make application?

[Stressed150]

So do I not submit a WT the same as I would anyway-?

 

No I don't recall an application being attached to their DQ - they had requested the case go to mediation as had I, however after not hearing from anyone for several weeks, I contacted NCCBC and was given contact details for mediators, however, when I contacted the mediation people, they advised me that 1st credit had decided they no longer wish to mediate and wish to go to straight to court stage.

 

I did receive a letter from first credit ststaing they will apply for summary judgement if they dont hear from me, however this letter was referring to a diffrent alleged debt which they apparently hold - I have never recived a claim form for this.

 

I therefore have no idea that Im supposed to recieve a separate application for summary judgment -

[AndyOrch]

Okay well you dont get a separate claim form...this runs parallel to the claim...you should get a copy of their application (n244) and the WS in support (which you have posted) How did you get that?

 

It is true in the fact that it is judgment without trial...its a short cut to judgment.....a Witness Statement in response to this application is similar to your main WS for trial but its drafted slightly different in that you fight each point that they have referred to and which their application relies upon.You have to cast doubt and pursued the judge to deny said application and that your defence does have merit and should proceed to trial...but you have to find the cracks in their statement first.