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


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Thx Andy - sorry - I know I sound ungrateful (!!!) its just I find this SO intimidating and 1st Credit really are going for the " jugular " and I shudder to think how much I will ahem to pay if they win this case !!!

 

Thank you so much again.

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go book an appointment at the dentist far more scary than this.

 

 

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... 

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One Witness statement ...please check for accuracy...edit if it contains any errors and add dates.

 

Regards

 

Andy

Witness statement Lobster.pdf

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Andy - Thank you VERY VERY much indeed.

 

In all honesty I am a little out of my depth but will do my my best to present this defence and hopefully get the rigth result - thanks so much once again !!!!

 

One point you make about them not letting me know the debt has been signed to me - did they not write to me with that document ??

 

Finally , when they see this defence do you think there is a chance they may " give up " at this point without the need for a hearing or do you think they are so far down the road now that they will carry on ??

 

Thanks again Andy

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Well you did upload the Notice of Assignment with their witness statement...whether you had received that I am unaware.....you did question the legality of assignment in your defence by requesting the Deed of Assignment.

 

It was difficult to draft this witness statement given the fact we still do not know the particulars of claim and what they are actually relying on on in their particulars...so a I had to surmise in parts.

 

If you did receive it remove the point re Notice of Assignment.

 

" Finally , when they see this defence do you think there is a chance they may " give up " at this point without the need for a hearing or do you think they are so far down the road now that they will carry on ?? "

 

Its a witness statement not a defence...you submitted your defence in 2015..as for whether they wish to discontinue..who knows we cant read the future...but your witnesses statement responds to the weaknesses and inadequacies of their statement and highlights points for the court to determine.

 

The bottom line is that the agreement is flawed and not valid to enforce with...you just have to convince the judge why..which your witness statement explains in detail.

 

Andy

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Brilliant !!!

 

Many thanks again Andy.

 

I have managed to get the court date vacated and another one is to be listed after the 26th August as I am on holiday but of course will let you know the outcome ASAP.

 

Thank you once again for all your help in this matter.

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  • 2 months later...

Just wanted to say thank you VERY much indeed again for everyones help in this matter and in particular Andy for very kindly helping me with my witness statement.

 

I am due in court on Wednesday and essentially i am going to explain to the court that I have never received a copy of the original agreement etc and as far a sI ma concerned what they have sent me so far is grossly inadequate - fingers crossed but whatever the result thanks once again.

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Andy

 

Apologies for troubling you.

 

Thank you very much indeed for all you help with my court case with 1st Credit - I am in court tomorrow and of course I do feel a little nervous !!!

 

One are that I am slightly unsure about - !st credit have only sent me a " reconstructed agreement " and also no actual copy fa default - the fact that the original credit card was taken out BEFORE 2006 does that mean they can't do this OR will it be at the judges discretion ??

 

Essentially I am going to say that I don't owe the money and asked for a copy of the agreement which of course has never been provided ??

 

Does that make sense ??

 

Thanks once again for all you help.

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Simply stick to the points contained within your witness statement......dont be saying you dont owe the money that is not the question or reason for defending the claim...simply challenging the assignee whether he can legally comply with the CCA1974 to be able to enforce the debt.

 

Depends on the calibre of district judge...some good some bad...some dismiss claims with no default notices or agreements some go with the balance of probabilities...so you will have to exercise your discretion in the early stages of the hearing to way up his approach.

 

As per above its very much at the judges discretion to allow enforcement...lets hope you get one that follows the letter of the law.

 

Best of luck for tomorrow Lobster and please update your thread.... whatever the the outcome..

 

Regards

 

Andy

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Thx Andy - apologies for labouring this but the reconstructed agreement / pre 2006 - do I mention this ???

 

Will update as soon as I get back !!!!!!

 

Is it not covered in your witness statement ?

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Many thx Andy - I will go through it all again later.

 

See paragraph 5 :wink:

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Well I am " live " at the court and the judge has called an adjournment for the 1st credit solicitors to get a copy of the Carey case ???

 

I tried to put the point across that Carey was not relevant but clearly I didn't do it very well !!!

 

Any help in turning this around for me in the the few minutes would be greatly appreciated as the claimants are going to ask for interest as well !!!

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I'm not 100% on this, better than nothing if everyone's busy,

 

even under Carey the agreement must be a true copy eg: name and address as at the time.

 

if the judge does accept it then pull them up on the same case law of the details missing.

 

Hopefully someone with more knowledge will pop up soon tho and good luck.

 

And also stress on the fact no default notice is present so its unenforceable under the section stated in your WS

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Carey was with regards to complying with a section 77/8 request (CCA request)...not for enforcement purposes...also Cary was the Claimant not defendant..completely different scenario.

 

If he is adamant that he wishes to go with a reconstituted as stated above..point out that it must be a true copy ...names and addresses at the time of inception complete with terms and conditions at the time of inception...and if the agreement has ever been amended during its life then they cant use a recon.

 

Interest can be awarded but only at the discretion of the court....also it should be limited to 12 months and not necessarily 8%

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So how did it go Lobster ?

 

They have not locked you up in the debtors prison ? :wink:

We could do with some help from you.

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Firstly , apologies for the length of time updating the post - I would say I have been in shock !!!

 

Essentially , it was an unmitigated disaster !!!

 

Got to court and the lady representing 1st Credit asked me if I was interested in doing any kind of deal to settle - I actually thought this was quite encouraging and after it was clear they would be looking at around £1500 I thought I may as well take my chances.

 

There was one magistrate who I suppose I owed describe as " firm but fair " - the lady from 1st credit took around 10 minutes outlining their case that essentially I owed the money !!!

 

It was then my turn but before I spoke the magistrate asked me if I recognised the transactions on the credit card - I replied as it was nearly 17 years ago I GENUINELY had no idea - he then asked me did I accept that I had been making monthly payments over a period of time to reduce the debt which clearly I had and I agreed to this point.

 

I set out my defence that I felt a " reconstructed " agreement was not adequate and even then because my debt was pre 2006 then the Carey judgement was not relevant - I also made the point that no default agreement had been served.

 

The magistrate adjourned the hearing for maybe 20 mins to give him time to reference the Carey jusdgement and again at this point I tried to argue that it was relevant.

 

After 20 mins or so we came back and the magistrate said that he was going to " stand behind " the Carey judgement and I was ordered to pay the debt - interestingly the magistrate also agreed with 1st credit that they did NOT have to issue a default statement as I had not paid the 2% of the debt each month and therefore was in default anyway ??

 

In the end I have to pay approx £500 in court fees as well as interest on the debt brining the total bill to nearly £2500 which I have to pay within 14 days and frankly can't so now my credit rating will be rubbish again after I have tried to claw things back over the last few years or so.

 

Once again thanks for all the help form everyone on this board and I fully appreciate everyone's best intentions but from my personal experience I would urge anyone in a similar situation to me ( I have no doubt companies like 1st credit will no web looking round at " stayed " cases and try to gain judgements from these cases ) to be careful with the decisions they make.

 

The bottom line is that I could have agreed to pay 1st credit £5 a month for what would essentially be the rest of my like (!!) - I accept not a great scenario but a far far better one than having to pay £2500 in 14 days ??

 

I firmly believe ( and of course my personal experience suggests this ) that sometimes you have to " know when you are beaten " and going to court against these companies who are very experienced in these type of cases is only going to end one way ??

 

Many thanks indeed again and I hope people can gain some insight into my experience.

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You dont have to pay £2500 in 14 days...simply submit an N245 to vary it to an affordable monthly payment...if that works out as £5 from the completed I&E so be it....thats all they get.

 

Andy

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Thats true but that also means a CCJ which in turn means 6 years or so of no credit or at best VERY expensive credit - I know some people will say great no credit but the bottom line is if you want to hire a car , buy " stuff " (!) and generally run your life then sensible , affordable credit really is essential.

 

I could have paid £5 a month with no CCJ - that was my point.

 

Please don't think I am blaming anymore - at the end of the day I only have myself to blame for getting into this situation in the first place BUT I would strongly urge people to do deals with these companies outside of the court system - more and more of these cases will now be happening as clearly its very lucrative for companies like 1st credit ??

 

Of course form a " moral " point of view maybe it is wrong - they have " resurrected " a 14 year old debt which i have no doubt they paid around £50 for and turned it into £2500 - marvellous and great for them ??

 

I actually don't blame 1st Credit anymore than I blame Wonga - clearly they are " disgusting " companies who don't care about the misery they inflict upon people in order to gain profit but I blame the government for allowing them to do it ??

 

As I said before I should have done a deal with them BEFORE going to court and I would urge others to do the same.

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Well there are numerous ways of looking at it with what ifs and buts...if you had not defended you would have got a CCJ anyway in 2014.You clearly thought you had a good chance of defence otherwise as you state you did decline their offer.

 

" I thought I may as well take my chances. "

 

You was not aware that the District Judge was hopeless and would go along with their counsel and be misled by the legislation.....another day another judge and it could well have been dismissed.

 

Then you would have posted telling everyone to stick by the defence and fight it all the way...so its swings and roundabouts...we cant win them all but we do win most.

 

Andy

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Very frustrating indeed ...but it is what it is and now you regroup and finalise payment arrangement ...do this ASAP and get it progressed before the claimant considers further options to execute the judgment.

 

Having A CCJ on your credit file is not the end of the world...believe me there are alternative ways...its just that the media and CRAs would have you believe otherwise.

We could do with some help from you.

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too many District judges act as if they are clueless, a situation dispicable to the non justice system for those who have no funds to argue thru a barrister etc silly arguments, the whole system is biased and the sooner people get off their butts and protest then more will suffer at the hands of the devil in power, regulator could not regulate a Pxxx up in a brewery. overpaid DJs £112000 per year,

:mad2::-x:jaw::sad:
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