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

[AndyOrch]

Thank you very much Andy,!

 

Is the ws that I've done for my partner ok?

 

Sure it seems to carry a lot of the example I posted...and that claim died a death after submission:madgrin:

[superstarjan]

Thanks Andy!

 

Here is mine, please can you cast your eyes over it and give me any feedback? Thanks!

 

1. I, ****** make this statement in response to the Witness Statement of *****, dated 15.10.2014 and submitted on behalf of the Claimant, 1st Credit Finance Limited. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise. I am a litigant in person.

 

2. I was removed from this bank account after a breakup in the relationship in 2003 and since that time, it has been in the name of ****** solely. I am certain that if it was still a joint account as the claimant claims, then the claim would have been issued in both names from the beginning avoiding the need of Court action to add me onto the claim. I would have also received a notice of assignment at the same time as ******, rather than months later.

 

3. It is clear that the claimant wanted to add me to the claim for any future execution reasons. To issue two County Court Judgements rather than one, or to issue a Charging Order in the future. This is considered underhand and vexatious.

 

4. In reference to the bank statements exhibited in ***** witness statement, I was not able to facilitate any part of this bank account during those dates, as I was no longer connected to this account.

 

5. As per number 4 and 5 of ***** witness statement, I never received any notification of anything relating to this account, including any changes in their fees. Therefore, I was unaware of any ‘charges as notified’.

 

6. As per number 6 of ***** witness statement, I was never made aware of the account’s status, therefore was never given an opportunity to bring the account within the ‘pre-arranged limit’.

 

7. As per number 7 of ***** witness statement, No Default Notice has ever been received in relation to this account and I have yet to see a copy of such default notice. The one referred to in the witness statement of **** is not for this account. The screen shot provided is irrelevant, as it was clearly never actioned. Therefore, there is no original Default Notice in the exhibits as is ordered at number 8 on the Notice of Allocation to the Small Claims Track (Hearing). They are the claimant in this matter and will have to disclose all documentation relied upon as the basis of their claim.

 

8. As per number 11 of ***** witness statement, the claimant does not hold a current telephone number therefore all correspondence has been via letter.

[superstarjan]

ps. Can we add a litigant in person rate to the costs? and if so, what is the current rate per hour and hours acceptable?

[citizenB]

I think it is probably too late now, however, Litigant in Person costs are £18.00 an hour.

[superstarjan]

Thank you, citizen b, my partner has taken it, however I've put 18 hours at £18 an hour, which is what I put on the last one for a set aside. If that's wrong, I can ring him and tell him to take it off, he's probably about 10 mins away from the court??

[citizenB]

I think that should be ok. If the Judge doesn't agree with you, he will say

[superstarjan]

thank you!

 

What do you think of my witness statement?

[AndyOrch]

Two witness statements Jan both drafted with " I the defendant " and both containing a statement of truth and dated/signed.Yours should be relatively short as you was not actively involved with the account

 

Remove your costs...you don't include them within your witness statement...do a separate joint bill of costs in preparation.

 

Andy

 

As per yesterdays response

[superstarjan]

I have sent them in with the witness statement today andy, I wasn't sure of when they would be due, so I copied the bill of costs from an old case

[superstarjan]

This is what I've sent:

 

Costs for Claim No: ******

******** COUNTY COURT

Rate Claimed Litigant in Person rate of £18.00 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing defence, witness statement and skeleton argument.

 

18 hours £324.00

2) Time spent communicating with Claimant 2 hours £ 36.00

 

3) Loss of day’s earnings for attending court on 08.01.2015 £ 90.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £466.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

 

[AndyOrch]

Thats fine I thought you add included them in the ws.

[superstarjan]

Great!

 

What did you think of my ws? Is it ok?

 

1. I, ****** make this statement in response to the Witness Statement of *****, dated ****** and submitted on behalf of the Claimant, 1st Credit Finance Limited. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise. I am a litigant in person.

 

 

2. I was removed from this account after a breakup in the relationship in 2003 and since that time, it has been in the name of ******* solely.

 

3. I have never received a Default Notice in relation to this account. The one referred to in the witness statement of ****** is not for this account.

 

 

4. A subject access request was sent to HBOS and to 1st Credit Finance on 01.05.2014. This request was not complied with

 

5. There is no benefit to any party in adding me to the account whatsoever.

 

6. Upon reading the statements of account, it is clear to see that there are large amounts of penalty charges which are applied. In the event that I should I be added to the account, I will have no option other than to make a counterclaim for the disproportionate penalty charges on that account.

[AndyOrch]

Well its the truth...but whether it will be accepted to detach you is another point...joint and several is very difficult to overcome.

[superstarjan]

Thanks for your help andy. Wishing you all the best for the festive season

[AndyOrch]

And to you and yours Jan...all the best.

[downsouth]

Just popping in to say good luck SSJ ... similar case and DCA as mine, but my OC is Lloyds ... your Hearing will be before mine (16/1) from the sound of it, so again, good luck and watching with interest.

[superstarjan]

Thank you Downsouth and same back to you, good luck

[superstarjan]

Just got back from court. Not great news, it's been adjourned and we have to submit a further ws in 7 days and then the other side get to answer 14 days after that.

 

The barrister insisted that 1st credit hadn't received the SAR sent to them, they did however receive one from BOS of the same date, yet ignored it because it wasn't addressed to them.

 

He further argued that it was irrelevant anyway, because there is no agreement to produce.

 

We didn't even get to say our piece in court, as on that basis, the Judge agreed and said that it needs further investigation as to whether the agreement is needed or not.

 

It was really cut and dry and the barrister also argued that with the passage of time, our DN has gone missing and they can't produce an original, but that they also don't need to produce it, just say that it was sent and the judge also agreed with that.

 

So apart from the argument that it is mainly unfair charges, I felt like it had been ripped apart and I was left a bit dumbstruck.

 

HELP!

[downsouth]

Barrister...? Or Advocate (local solr)?

[superstarjan]

I presumed it was a barrister, but not certain

[downsouth]

Whilst waiting for the more knowledgeable ... this is an overdrawn current account isn't it? Surely no need for either an agreement or default notice, but there is a need for an o/d facility arrangement confirmation and t&c's and a Demand or Recall notice.

[superstarjan]

Thank you, Downsouth, that's something to be going on.

 

Are any mods available to help as well? It's not a great time for me at the mo, I've lost my nephew, so not got lots of time to be on here, or reading up due to helping with funeral arguments etc.

[downsouth]

Sorry to hear about your loss SSJ, it must be a very difficult time.

 

I'm in court tomorrow so let's see if what happens there could help you. Have you received an Order yet from your court, might be worth posting it up here.

[superstarjan]

Thank you Downsouth.

 

Good luck for tomorrow, I look forward to seeing the outcome.

 

Andy or citizenb, are you around for any assistance on this please??

[AndyOrch]

I am Jan and aware of your reported post...but unsure what help to offer...you have to submit a further WS since the last hearing in view of what the judge said to you.

 

Andy