1st Credit/moon beever stayed claim - HBOS Credit Card - lifted stay now at DQ help

[lobster22]

Thank you very much indeed in advance for any help anyone could give me as I am VERY worried I am going to end up with a large bill / CCJ I have no way of paying.

 

Completely out of the blue around 6 weeks ago I received a letter from "1st Credit " based in Reigate saying that they were going to apply for a " stay " to be removed on a court case for a debt they were chasing me for back in 2015.

 

This relates to a credit card that I opened in Feb 2000 (!!) - the last payment towards the debt of £25.00 a month I paid back in Nov 2011 !!!

 

1st Credi thought the debt on 18th Nov 2013 and filed a claim against me around the end of 2014.

 

I defended the claim and asked for a copy of the terms and conditions of the agreement , copy of the S76CCA 1974 termination notice , a copy of the default notice and finally copy of the legal deed to assign.

 

Although I was under the impression I had successfully defended the claim it looks like it was just " stayed ' and 1st credit have now successfully lifted the " stay " and consequently I have been sent a " directions questionnaire " that needs to be filled out and a copy sent to 1st credit !!!!

 

It also looks like 1st credit have managed to find term and conditions of the card , copy of the assignment , stament copies and also a print out of the debt - obviously it looks like they have added a " spiteful " amount of admin and obviously I shudder to think how much inters they will aadd on from nearly 20 years ago !!!

 

Interestingly it looks like they haven't provided a copy of the default notice or termination notice that I asked for ??

 

My question is - firstly is there anything I can do - is there other information they SHOULD have given me and haven't - also is it a legal requirement that they give me this documentation when chasing the debt and where is that stated ??

 

Apologies for such a long post but I really am worried - these companies really are incredible - they must have bought this debt fo net to nothing and are clearly determined !!!

 

Once again many thanks indeed for any help / advice.

[dx100uk]

Firstly stop panicking and hopefully this time you'll follow the advice given and comeback to CAG and tell us what happened

Unlike your last 2 threads....

 

Can you post up the defence that you filed

And scan up what they have sent in return to your CCA/CPR requests you sent

 

We also need their particular s of claim

 

What date is the hearing please?

[lobster22]

Many thanks indeed

 

As it stands there is no hearing - I just have a questionnaire to fill out which i really need to do tomorrow as it needs to be done by 2nd May and I think I also need to send them a copy.

 

My defence was as follows "

 

Dear Sir,

 

I have no knowledge of the alleged debt - I have spoken to and asked 1st Credit to supply the following information which they have failed to do.

 

A copy of the original agreement

A copy of the terms and conditions as applicable at the time of the agreement

A copy o fS76 CCA 1974 termination notice

A copy of the S87 CCA 1974 default notice

A copy of the legal deed of assignment showing your right to take action.

 

Thank you for taking the time to read my defence.

 

At the time they sent nothing and as I say I thought that was the last of it but apparently the case was " stayed "

 

They have now managed to get the " stay " lifted.

 

The documentation they sent me ( and I assume they gave copies to the court which is why the court agreed to lift the " stay " ) were :

 

A printout of the payments I have made since the credit card went into default - I paid nearly £2K

A letter from the Halifax saying they have assigned the debt to !st Credit

Stemming of my credit card from 31st march 2000 - 20th May 2002 - interestingly it contains PPI !!!!

Terms and conditions of the credit agreement

 

Not sure if it is relevant but there are no signed copies of any documentation ??

 

Many thx again

[dx100uk]

good

 

 

can we have the poc from the claimform please

[lobster22]

Sorry - have just noticed - the original claimant was " Moon Beever " in Essex ??

 

Not sure if that is relevant ??

[lobster22]

sorry " POC " ?? They haven't sent me copies of the original claim - just my defence.

[honeybee13]

Hello there.

 

The claim form should have a box called Particulars of Claim [POCs].

 

Could you type up exactly what is says minus any identifying details please? It will help us to advise you.

 

HB

[lobster22]

Sorry - I clearly am not very good at explaining this !!!!

 

There is no clim form - just a " general directions order " that states that the application to lift the stay has been granted.

 

Then there is a " directions questionnaire " that I have to fill out and send copied to the court and first credit.

 

It look like i could have appealed against the " stay being lifted within 7 days " which obviously has now passed -

 

I assume once I fill out the questionnaire I will then get a court date ??

[honeybee13]

Don't worry about the explanation, we're here to help.

 

Can you post up an anonymised version of the general directions order please? Hopefully with that, people can advise what to fill in on the DQ.

 

But as dx has asked for the POC on the original claim form, that could be helpful too, please.

 

HB

[lobster22]

Thx so much !!!

 

The directions order essentially says that the application to lift the stay and for general questionnaires to be issued is granted.

 

I don't have a copy of the original claim form - that was from " moon Beever " - 1st credit now seem to have taken over - I can only assume they have bought the debt ??

[dx100uk]

1st credit are a debt buyer [the claimant]

moon beevers are their solicitors [the claimants solicitors]

 

 

need to see the original claimform please

need to know what you defended against

 

 

where is it?

[lobster22]

Im afraid I have no idea - an idiot I know - they just enclosed a copy of my defence with all the paperwork - there wasnt a copy of the claim part of the form if that makes sense ??

[dx100uk]

I quite well aware how the process works

but we need to know what you defended against.

else when/if it comes to disclosure stage you'll be firing arrows in the dark.

 

 

go ring the court tomorrow and ask them to send you a copy of the claimform.

 

 

what is the debt

when did you take it out

who with original creditor

when did you last pay it.

 

 

the stuff they have sent you

you need to scan it up to ONE MULTIPAGE PDF

follow the upload

 

 

did you send a CCa request

and

did you send a CPR 31;14

[lobster22]

The debt is credit card taken out in 2000 and defaulted on around 2002

 

I then made approx £2000 worth of monthly repayments

- the last one being Nov 11

- I sent a CCA and heard nothing

 

I then got a county court claim around end of 2014 which I defended

- I thought that was the end of it but clearly it was just " stayed "

 

 

- 1st credit are now saying that they have all the information that i asked for

however they have only sent me some of it ( if that makes sense ? )

 

I will phone the court in the morning

- I assume I just fill out the questionnaire and say that I want a hearing and it cant be settled by mediation ??

 

Thx so much again

[dx100uk]

quite safe to fill out and return the n180

 

yes to mediation. rest is obv

 

you'll need to scan up all what they have sent you to ONE MULTIPAGE PDF PLEASE

 

follow the upload

 

who was the original creditor please

[AndyOrch]

" I then got a county court claim around end of 2014 which I defended "

 

Then you must have a copy of this which contains the particulars of claim...otherwise you couldnt have submitted a defence ?

 

Andy

[Old Cogger]

a blue form initially from the court form No N1 issued by Northampton combined county court

[dx100uk]

probably filled it the defence and sent the whole thing back or sent it to the claimants solicitor

its amazing how many people don't read the instructions and do that..

 

 

dx

[Old Cogger]

http://justclaim.co.uk/images/n1.png

[lobster22]

Thx very much again for all your help.

 

As discussed above 1st Credit have got the " Stay " lifted and a trial date has been set !!! Quite scary !!!

 

They have sent me a WHOLE bundle of documents - over 100 pages !!! However what is interesting is that at the start of the bundle they enclose " A reconstituted copy of the Agreement " (!!) obviously I have no idea what this means but the first page is " Credit Agreement Regulated by the Consumer Credit Act 1974 " and the next 8 pages are the " Halifax Credit Card Conditions " outlining charges etc etc.

What is interesting is that there is NO document with my name / address or copy of my signature on it - just what looks like a " standard " list of terms and conditions ??

 

The bundle then has photocopies of all past statements - it then goes on to say that " a copy of the default notice is unavailable " (!!!) but encloses other documents showing that " no further interest and charges were added ..... as evidence that the account was no longer active "

 

It then goes on to show that I made payments towards the debt of £25.00 a month on and off for 8 years (!!) and the last payment was received on the 18th Nov 2011 with the balance left at £1464.76.

 

It then shows a letter of assignment as well as requests for payment etc.

 

Finally , it says that I ( the defendant !!!!! ) " relies wholly on a technical defence to avoid liability and his conduct throughout these proceedings have been unreasonable and not in the spirit of the CPR ... " it then goes on and refers to a case " Rankine v AMEX C.T.L.C 195 " It then adds around £750 of more costs !!!!

 

Aside from the irony of this company saying that my conduct has been " unreasonable " despite the fact they have bought this debt for probably £30 and are claiming the best part of £2500 on a debt from 2003 (!!!) i the fact that there is no default notice OR copy of a signed document with my name / address etc on it enough for me to win the case ???

 

Clearly they must be pretty confident to have gone to all the time and expense of lifting he original " stay " and obviously if this goes wrong for me not only am I going to be left with a HUGE bill ( incidentally of which I have no way of paying ) but will of course encourage them to do the same to similar debts ??

 

What would really help me is if there is a link to any paperwork / documentation a DCA HAVE to provide and any relevant laws associated with them ???

 

Apologies for the length of the post but I have tried to provide as much information as possible and as ever any help would be gratefully appreciated !!!

[dx100uk]

we need to SEE their witness statement inc all the exhibits.

follow the upload

 

 

we also need to SEE the defence you filed as we need that to construct your witness statement.

 

 

you need to file it 14days before the court date

which is?

[lobster22]

Many thx indeed - the witness statement is over 100 pages !!!

 

I haven't got a copy of my original defence but essentially I said I had asked for documentation that they hadn't provided and therefore the caee was stayed ??

 

Is there a link somewhere which shows the documents that the HAVE to provide ??

 

I am also reading that as its a pre 2007 agreement then a " reconstituted copy " of an agreement is not sufficient is that the case ???

 

The trial date is 21st August but I have asked for it to be moved as I am on holiday - they also need copies of my documentation sent to them which is why I am trying to find out what documentation they SHOULD provide ??

 

Thx SO much again.

[AndyOrch]

Defence was posted at post#3

 

What are the dates on the directions contained in your Notice of Allocation lobster ?

 

Andy

[lobster22]

Hi Andy - I need to send my docs back to the court / 1s credit by 21st July

[AndyOrch]

Hi Andy - I need to send my docs back to the court / 1s credit by 21st July

 

And your witness statement......I have never seen a civil claim for money which has a witness statement at 100 pages...normally its 3 with about 14 paragraphs?