1st credt/? Claimform - old Halifax credit card debt

[Old Cogger]

no PM open site, if you need help do as requested, time spent when you question things is time lost (we are volounteers not over paid solicitors ) our time is precious so respond for the help, there are reasons to ask for info as every case is different.

[unclebulgaria67]

Is it necessary to state the above?

Will this not compromise me if I give that information as it will then be easily deducible who I am and which claim to the claimant who may reading this site?

 

I have stated the month on the claim form, why do you need the exact date?

 

Last payment made was physically made from my bank acc.

 

Yes DCA staff may read consumer forums. But most DCA's are not very well organised with any legal representative arranged at the last minute and therefore if this did end up in court, they probably would not have any useful information. Just read the threads on CAG.

 

DCA's have thousands of these claims ongoing at any one time. They often don't bother to pursue if defended. DCA business plans are about easy money.

 

You don't have to add an exact date. It is just to inform the timeline for the claim, so you know dates by which you have to complete required actions.

 

The orginal creditor and DCA info is useful, so those helping can review similar cases. Therefore they know the issues with certain companies and the way they behave.

[dx100uk]

there are 1000's of court claim threads here with all that info

no need to play secret squirrel ...get on with it.

 

editing time is limited to 10mins as we've had people purposefully mess with posts before.

[peregrine2]

okeey dokey,

 

The OC is Halifax and the claimant is 1st credit

 

I have not been adequately able to defend properly as the claim pleadings is too spares.

 

They say they have given me true copies of my agreement, the second one being at the point of default. The OC are different on each agreement (first = Halifax, second=BOS)

 

They have cobbled notices of assignment and some statements that dont even start with the same credit card number....its totally different BUT they show a tiny balance (pence) going from old as c/f and showing b.f on the new. This changeover is 2 years after they say the card started (agreement date) but they are claiming on the latter card number. also I cannot find any statements on the previous card number they show.

 

They have not yet produced a default notice.They think it defaulted many months after the date on the one I have.

 

Their statements also do not show the interest rates but on the statements i found it shows all (APR, bal TFRs, purchases cash etc)and none relate to either agreements.

 

Thats it

[dx100uk]

No wonder its a cut'n'paste jobbie then..its one of 1st credits greatest assets..

 

So you have a hearing dateand a date to exchange WS's??

 

Can we see these docs to make our own mind up

One multipage pdf please read upload

 

They will have to produce a signed agreement too for 2006

 

thread title updated

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=1st+claimform+card&sa=Search+CAG

 

I gather its the moonies too?

 

Dx

[dx100uk]

is this it too?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?484304-Defence-for-credit-cards

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?484302-Halifax

[peregrine2]

yes, just the first one. The second link is just general comment re Halifax HBOS.

 

The claim has reared its ugly head since the first link.

 

Claim hearing coming up in 5 weeks after being stayed all this time. Not had any particulars or witness statements or default notice from claimant at all yet. They declined to respond to my Part 18.

 

What is the moonies?

[AndyOrch]

Threads merged....please do not start new threads on the same issue.

 

Claim hearing...could you expand ? Application to lift the stay and request strike out summary judgment ?

 

Part 18 requests only applicable to Fast Track claims (Over 10 K)...hence no response.

 

 

Andy

[peregrine2]

No other info. Just received an order of the court date and the claimant must pay the fee and documents to be served on each other 14 days before.

 

But I have very little info apart from the notices of assignment and the fake agreements.

 

I haven't made an application. Why would the judge lift the stay? I haven't received any application from the claimant.

 

Should I file an application requesting the claimant file its case ASAP so I can adequately prep a witness statement.

[AndyOrch]

An order or a Notice of Allocation...?you refer to court directions above " the claimant must pay the fee and documents to be served on each other 14 days before."

 

Why would you wish to make an application to serve documents when the court order has already ordered disclosure above ?

 

Best if you scan and redact and post up what you have received from the court...you seem to be very confused on the process.

[peregrine2]

I dont have a scanner, but this is what it said.

 

The document from the court starts:

Before Judge....

"Having considered the papers in your case, the court believes your case is suitable for mediation"

Then Blah Blah about Mediation

 

Then:

1) This claim is allocated to the small claims track and refers us to part 27 CPR

 

2) The Hearing Will take place on ..th November

 

3) From the available papers hearing will take 3 hours

 

4) Parties are encouraged to settle

 

5) Following paras set out Judges directions

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing.

 

7)Original documents must be brought to the hearing

 

8) Unless the claimant does by 4pm on .th Nov.. pay to the court the trial fee of £355 or file a properly completed application for help with the fees, the the claim will be struck out with effect from .th Nov... without further order.

 

Then Blah Blah about fees

 

the problem I have is if the claimant give me their bundle 14 days before the hearing it will not give me enough time to address a proper witnes statement and maybe amend my defence.

 

As I have said they have only sent fake agreements, notices of assignment and copy statements (with no interest rates on).

 

I need to request the claimant to give me its bundle well before the fourteen days, so I can get my witness statement in.

 

I have asked the claimant and they will not reply, so that leaves me to put my point in an application

[dx100uk]

you cant amend your defence..

you are playin with a devious DCA here there is noway 1st crapit will ever send a WS early, esp when they used cut'n'paste documents

run briefly in your ws with their error.

I expect they fail to pay the fee anyway..

 

what date is the hearing?

stop playing secret squirrel

no need for it

[peregrine2]

12th November

 

I can put an application in expressing my inability to defend and need their file. Otherwise I will be ambushed on the same day I have to file

[dx100uk]

You havent got to file a defence youve already done that

 

Witness statement time!!

[AndyOrch]

So its not an Order...just the the standard Notice of Allocation (N157) with standard directions for both party to comply with by date in preparation for the trial hearing.

 

Parties exchange statement and evidence 14 days before the hearing date....thats standard for all claims...not sure why you think you need more time ?

 

What date must you submit and exchange statements by ? you have failed to list this in your post #36 above ?

[peregrine2]

As I said above, witness statements to be exchanged 14 days before the hearing.

also, and I dont think anyone is getting my point,

but

Because of the sparseness of their claim, if they produce more info in their exchange of documents that I have not seen before, I may need to change my defence and witness statement (I know I already filed a defence..re post above....) . eg If they produce a signed agreement.

 

I cannot respond to NEW info on the same day I see it in their bundle.

That is why there should be a time delay between me receiving their documents they intend to rely on so I can have time to formulate my argument.

 

You said they play dirty tricks, so the only way I can see is to file an application requesting what I am saying above.

[AndyOrch]

No the above states......

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing.

 

Exchange of witness statements is usually a separate direction....with a different date.

 

I am getting your point...are you reading the directions correctly or has the court missed the direction of exchange of statements ?

[peregrine2]

Ok, in the same para it says Witness statements to be included in the documents.

 

The point is not so much the witness statements is their documents. The documents have info on them that may be arguable. If "new" info is introcuced it does not give me much time.

eg : interest rates, missing criteria required under cca 1974, default notice dates,. Any of these can be produced at any time.

[dx100uk]

and what date have they to pay the fee by?

 

you cant change your defence

you cant change your witness statement

they cant ambush you in court with anything you've not seen 14 days before the hearing.

 

you are a litigant in person, you are given certain leeway.

if you are really that bothered about the contents of their WS exhibits then file late

but they've had your CCA request yes?

they've had your CPR 31:14 yes?

 

and they've failed both as such.

 

scan up their 2 returns to date please

use your mobile phone or a digital camera to take jpg photos of each page clearly

redact them as a JPG file

then merge them into one multipage PDF

[all the details and the programs you can use are contained in the UPLOAD

[peregrine2]

whats a CCA request - is it for the agreement is it?

ooh , I have to check if I filed a cpr 31.14 request - is that the one i sent £1 postal order with

[AndyOrch]

Ok, in the same para it says Witness statements to be included in the documents.

 

The point is not so much the witness statements is their documents. The documents have info on them that may be arguable. If "new" info is introcuced it does not give me much time.

eg : interest rates, missing criteria required under cca 1974, default notice dates,. Any of these can be produced at any time.

 

So in effect your stating that you cant provide a statement without sight of what their documents may provide...and you have not received any documents so far returned from your CCA/CPR 31.14 request (CPR 18 is not applicable to this claim) ?

 

You think you (the defendant) should be allowed 28 days from disclosure of documents /statement to submit your statement then you can base it on what you receive? So you dont have any basis at this time to draft a statement and are hoping for errors in their paperwork ?

 

The CPR is quite clear that both parties should be treated the same and allowed the same time to prepare for their hearing...hence the phrase " simultaneous exchange " to stop either party getting the upper hand.

 

Should something come to light after disclosure and after you have submitted and exchanged statements...there is nothing to stop you submitting a supplemental statement in view of new evidence.

 

Remember in litigation a claimant is not compelled to disclose any paperwork until ordered to by the court...CPR requests are civil requests in which a party may comply.....and if they dont it does not provide for the other to seek an order by way of application to order them to....any application would be ignored and thrown out.

 

I really think you need to read some threads then you are au fait with how the civil legal process works.

 

Andy

[dx100uk]

opps..didn't send CCA or CPR....

 

god i'd love to know what planet that expert solicitor lived on...

 

whose firm have a pretty good reputation for winning. ?

 

we know him andy……..

[peregrine2]

To be fair, I know who you are talking about, and unfortunately its not him. I say unfortunate, but (and not mentioning names) I have read his cases which are pretty good.

 

I do have the same sentiment as you, though, about my "expensive" advice.

[peregrine2]

OK, this is what has been missing from the Claimant: The particulars of the claim are missing. Claims under the Northampton bulk centre are restricted and produce poorly and sparse drafted claims so the following applies.

CPR 7 PD 7C states

 

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –

 

(a) state that the particulars of claim will follow; and

 

(b) include a brief summary of the claim.

 

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

 

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

 

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

 

(3) The claimant must file the particulars of claim at the court to which the proceedings are sent under paragraph 1.3(2)(e)(iii) or (f) within 7 days of service of the notice that the proceedings have been sent.

 

Points must be pleaded if a claim is to comply with CPR 16.

 

What is more frustrating is when you ask for documents under CPR 31.14 the claimant would say that they haven’t mentioned the documents in the pleadings so under CPR 31.14 so I cant have them. This leaves me facing having to apply for an order and paying exorbitant fees for the application.

[dx100uk]

why?

the POC is on the claimform in post 23.

 

have gotten their WS yet?

 

what puzzles me is you've had claims before you sent CCA/CPR why not this time when you got the claimform?