1st Credit Claimform - OHs Halifax OD - want to defend mostly penalty charges

[superstarjan]

Errrr no, the claim form is only in my partners name, I have however received a copy of the stuff sent to in response to the SAR (listed above) and also the copy of he letters regarding the transfer to 1st credit

[AndyOrch]

Well if your name is not on the claim form as a defendant....makes no difference.

[superstarjan]

My partner has received a letter from the court today, with a new hearing date (in 3 weeks) and I have been added.

 

Please help, what is our next step now?

 

 

They still haven't complied fully with the SAR,

so I need to get that in a defence

and also need to make it clear how much of this debt is penalty charges.

 

Do we send in separate defences, or a joint one?

 

Also,

can we make some kind of counter claim for the penalty charges on this account?

 

 

My partner has done so once before in the past, but about ten years ago and more have been added since.

 

Sorry for millions of questions!

[AndyOrch]

Define how you have been added......perhaps scan the letter or type out verbatim.

[superstarjan]

My partner has received a 'notice of claimant application' and an application notice,

which reads at no.3

 

 

What order are you making and why?

"An order under CPR 19.2 that 'me' be added as a party to these proceedings as the joint account holder of the overdraft debt

which is subject to these proceedings because it is desirable to add 'me' so that the court can resolve all the matters in dispute in the proceedings".

 

He has also received a draft order which states:- upon hearing the solicitor for the claimant, the defendant and 'me'

IT IS ORdERED THAT

1. 'Me be added as co-defendant

2. The claimant be permitted to file and serve an amended claim form, and particulars of claim

3. No order as to cost

 

Attached is also a witness statement and

the statements,

template default.

notice and

screen shot,

plus notice of assignment letters,

 

 

which were the only thingss sent in response to the SAR

[AndyOrch]

Okay so the hearing is to review the above application and get permission to add you and if so they will then serve an amended claim which will contain you as joint defendant....why and what they have to gain is unsure.

 

Could you possibly post up or type out verbatim their attached WS jan?

[superstarjan]

ahhh, that makes sense now, I wondered why there were two hearing dates.

 

Give me a mo and I'll type up the wording on the WS

[superstarjan]

1. I am the in house solicitor in the employ of the 1st credit limited and i have conduct of this matter on the claimants behalf. i make this statement on behalf of the claimant and i am authorised by it to make this statement and the contents of this statement are true to the best of my knowledge information and belief unless otherwise stated in which case i believe them to be true.

 

2. There is now produced and shown to me in exhibit 'LC1' various copy documents to which I shall refer by page number.

 

3. i make this statement in support of the claimants application to add 'me' as a party to these proceedings pursuant to CPR 19.2(2) (a) and (b).

 

Background

 

4. the claimant is in the business of purchasing consumer debt portfolios. it utilises telephone and letter communication to pursue a claim against the principal account holder on the basis that liability is joint and several.

 

5. The claimants claim is for monies due and owing together with costs and interest arising from a Halifax overdraft facility in respect of account blaa blaa blaa

 

6. A copy of the statements of account dated blaa blaa is attached at pages 1 to 14. The statements show that the account was held in the name of the defendant the new party. At page 12 the balance of that account is the same as the debt.

 

7. On 24.4.10 a default notice was issued by the original creditor. A copy of the default notice entry is at page 15. A copy of the default letter template issued at the time is at pages 16 to 17.

 

Assignment

 

8. On 18.1.13 the original creditor assigned the debt to the claimant. The notice of assignment to the new party dated 4.9.14 is at page 18. An introductory letter of the same date is at pages 19 to 20.

 

9. On 9.9.14 the claimant wrote to the new party confirming the details of the debt and enclosing its supporting documentation (pages 21 to 22). it also enclosed details of the claim which included the wording of the claim form and particulars of claim as submitted electronically to the court for issue because the claim is not sent a copy of the sealed claim form once issued. The new party was put on notice that if she did not respond by 16.9.14 that the claimant intended to make an application to add her as a party to these proceedings. The claimant did not receive a reply from the new party.

 

10. Given the above it is evident that there is an issue involving the new party and the defendant which is connected to the matter in dispute in these proceedings. it is also desirable to add the new party so the the court can resolve that issue and all the matters in dispute.

 

Summary

 

11. In summary i contend that in accordance with CPR 19.2(2) (a) and (b) the claimant requests that the claimant be permitted to serve an amended claim form and particulars of claim on the new with her dtails. i respectully request that the court make an order adding the new party to these proceedings.

[AndyOrch]

So I still ask and the DJ will probably ask the same why do they want to add you? The debt is joint and several...so they can go after either party with a joint claim or individual claims...in the case of a joint one both of you will get a CCJs should you lose so I can only guess that it is for personal reasons that they wish to add you and attack and destroy your credit worthiness.

 

You can submit your own WS in objection now and reasons as to why the application should be denied (you was removed from the agreement? why was you not on the initial claim? etc etc)this must be filed and served not less than 7 days before this application hearing hearing.

 

Regards

 

Andy

[superstarjan]

Right, I'm going to start the defence, don't know why, but this bit always daunts me! So any help will be EXTREMELY helpful to my stress levels!

[AndyOrch]

Witness Statement..........jan just before you start one question........

 

Do you own your own property...is it joint mortgage?

 

Regards

 

Andy

[superstarjan]

it's a joint mortgage

[AndyOrch]

Thats why they want to add you as a defendant then they can get a full charging order.

[superstarjan]

Thats why they want to add you as a defendant then they can get a full charging order.

 

I see, I guess that ups the ante

[superstarjan]

Just going through all stuff and getting my head round it properly!

 

We have 3 hearing dates, what is the point in that? One is to add me, but the other two appear to be for the same thing. I presume we have to attend each one?

[AndyOrch]

Sure do...its imperative......just concentrate on stopping them adding you and explain the reasons why (as per above) .Once that is dealt with just proceed as normal.

[superstarjan]

Also, I'm not sure if I've already mentioned this, but they have me down by my maiden name. I haven't used this name for 11years, shall I put that in my defence too?

[AndyOrch]

No makes no odds which name they use both satisfy legal requirements.

[superstarjan]

So it's basically the fact that they didn't comply with my partner's SAR and supply ALL documents which is the main defence??

Thereby not having a copy of my letter, which was sent around 13 years ago, asking to remove me from the account?

[AndyOrch]

If that's your defence then yes

[superstarjan]

Sorry for millions of questions, but also as well as them not complying with SAR, could I (or maybe my partner) threaten to claim back all the charges with interest? And could this be done as a counterclaim, or a would it need to be separate? I reckon there must be at least £300 of charges that we could claim, but that's not including the £800 of charges included in this claim (which obviously haven't been paid)

[AndyOrch]

Counter claims/Part 20 claims must be submitted with the defence......otherwise you must request the courts permission and make application (with fee) to submit said application.

[superstarjan]

So it's too late, because my partner didn't do it, do you know how much the fee is?

[AndyOrch]

With hearing on Notice £155 without hearing £55

[superstarjan]

Just had a thought, does the SAR only cover the last 6 years, or the whole term?