Jump to content


1st credit/? claimform - Old HSBC Credit Card 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2214 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

In the last few days I've received a County Court Claim Form from a company called 1ST Credit (Finance) Ltd of Reigate

which states my HSBC Gold Visa card debt was assigned to them last September.

 

As I have now less than 14 days to respond unless defending the claim,

is it worth opting to defend the claim and requesting a CCA from them to see if I can have the claim refused by the court?

 

Or do I just have to accept a CCJ?

 

Thanks in advice for any advice,

 

Terry

Link to post
Share on other sites

Hi there

Welcome to CAG

 

Please Visit this link http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014** and copy and paste the asnwers here so peeps have info in order to help you.

 

I will also move your thread to financial legal issues forum in order to get the right audience. You do not need to worry about the thread move, it is an admin thinnggy

 

Regards

 

SS

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

You need to post the answers here from the Questions on the thread.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Hi again,

 

I've now received a reply from 1ST CREDIT to my CCA request saying:

 

"we confirm that we have requested this from the original creditor and will forward this to you once we are in receipt of the same.

 

In the interim we confirm that no further action will be taken against you in respect of this matter by us, until the credit agreement has been provided to you"

 

Here is the information you asked for above:

 

Name of the Claimant ? 1ST CREDIT (FINANCE) LTD

Date of issue – 24TH MAR 15

(Must acknowledge by 12th April ? / submit defence by 26th April?) 4pm 24th april - edit by dx

 

What is the claim for – the reason they have issued the claim?

 

”On 23/09/1998 the defendant entered into an agreement for a credit card with the Original Creditor under Ref No. xxxxxxxxx.

On 25/05/2013 the defendant defaulted on the agreement with an outstanding balance of 8,415.17.

On 04/09/14 the debt was assigned to 1st Credit (Finance) Ltd in the sum of 8,41517, by the Original Creditor.

A Statutory Notice of assignment was sent to the defendant.

 

AND THE CLAIMANT CLAIMS

1. The sum of 8,415.17

2. Statutory interest pursuant to Section 69 of the Courts Act 1984 at a rate of 8.00% per annum from 17/9/14 to 23/3/15

344.91, and thereafter at a daily rate of 1.84 until judgement or sooner payment”

 

What is the value of the claim?

£ 8760.08 + £ 410.00 COURT FEE + £ 100 SOLICITORS COSTS = £ 9270.08 TOTAL

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? HSBC VISA CREDIT CARD

 

When did you enter into the original agreement before or after 2007? BEFORE 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO, NOT RECEIVED

 

Did you receive a Default Notice from the original creditor? NOT SURE

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments?

I CONTACTED STEPCHANGE BUT THEY WERE EVENTUALLY UNABLE TO HELP

AS ONE OF MY CREDITORS REFUSED TO DEAL WITH THEM.

 

What was the date of your last payment? NOT SURE

Was there a dispute with the original creditor that remains unresolved?

NO, JUST THAT I WAS UNABLE TO MEET THE MONTHLY PAYMENT AT THAT TIME, I DID ASK TO MAKE A REDUCED PAYMENT BUT THAT WAS REFUSED.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? YES, SEE ABOVE

Link to post
Share on other sites

have you acked the claim on mcol? [AOS]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

have you acknowledged the claim [AOS] on the NCOL website listed on the front cover of the claimform yet?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

why delay?

 

 

defend all

 

 

leave juris unticked

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The only reason I was taking the full amount of time was to see if the solicitors acting for the claimant responded to the CPR request within their time limit?

 

This is all new to me so all advice is welcomed. This all spiralled because before defaulting a HSBC advisor refused to accept a reduced payment when there'd been a change in my job / income.

 

Thanks for all the help so far.

Link to post
Share on other sites

makes no odds you defend all anyway.

 

 

if / if not they respond is for you defence later on

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

My worry is that as I do owe the debt to HSBC, other than on the grounds that 1ST Credit and their solicitors miss supplying the CCA & CPR info and within time limits, what other defence can I actually make?

 

Thanks

Link to post
Share on other sites

your defence does not need to be filed for weeks

 

 

get the AOS done

then go read other threads here and get upto speed.

 

 

holding/no paperwork defence PROBABLY but that's weeks away.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
My worry is that as I do owe the debt to HSBC, other than on the grounds that 1ST Credit and their solicitors miss supplying the CCA & CPR info and within time limits, what other defence can I actually make?

 

Thanks

 

let them work for their claim re requests. if all is in order, can always come to an arrangement/settle prior shld you wish to do so and can. no ccj. :)

IMO

:-):rant:

 

Link to post
Share on other sites

gonna be fun to see them find a signed agreement from 1998

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • 2 weeks later...

Hi again

 

1st Credit failed to comply within their allowed time to the CCA request and their solicitors have failed to even reply to my CPR request.

 

Am I right in thinking that I now offer this in my defence stating that I believe the debt to be unenforceable due to their failures to comply with the requests?

 

Is their a formal wording for this?

 

I have till 4pm tomorrow, Friday 24th to submit my defence.

 

Thanks again.

Link to post
Share on other sites

post 15

 

 

have a look in this forum or

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

 

 

numerous example to adapt to your particular 'PoC'

 

 

post it up here before you file please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

in post 15 of this thread I said:

your defence does not need to be filed for weeks

 

get the AOS done

then go read other threads here and get upto speed.

 

holding/no paperwork defence PROBABLY but that's weeks away.

 

 

dx

 

 

I notice you've not bothered to get yourself upto speed as advised more than 2 weeks ago nor read any other threads like yours

and you now want help with your defence...

 

 

go help yourself a tad bit please- this is a self help forum too.:lol:

 

 

have a go at your defence [pick any like credit card claim you can find]

 

and well help arrange it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks again and apologies, I just didn't understand what you meant when you said "post 15", I though you were referring to particular a post in the forum you sent the link to.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...