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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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**CASE DISMISSED** HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

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  • #61
    Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Originally posted by Kiwi2016 View Post
    @nemesis45

    Thanks for getting back to me nem. Will I need to explain at hearing how the docs do not meet the CCA requirement?
    On the 'Allocation' letter from court, under directions it states; "Parties serve and file copy documents by xxPM, xxFebruary 2017". Is this referring to the closung date of submission of witness statements and/or anything else?
    Thanks, KIWI
    Hello Kiwi
    This will go into your witness statement and evidence bundle to be submitted no later the xxFeb 2017 as stated on court letter.

    The docs are it seem intended to be a "reconstituted agreement" but they lack 2 distinct sets of T's & C's one relevant when the account was opened and those relevant at closure, + any other documents mention it the t's & c's it must also have your name and address as it was when the account was opened.
    When is the WS actually due if you don't want to post on the open forum PM me so we know how much time we have to get the WS etc together.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




    Comment


    • #62
      Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

      [MENTION=55034]nemesis45[/MENTION]

      Hi, I've just tried to pm. It's the first time I have pm'd anyone on this site, do let me know if it hasn't been received. Regards, Kiwi.

      Comment


      • #63
        Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

        [MENTION=55034]nemesis45[/MENTION]

        Please see attached, thanks.
        Attached Files

        Comment


        • #64
          Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

          Originally posted by Kiwi2016 View Post
          @nemesis45

          Please see attached, thanks.
          Hello Kiwi,
          Recap:
          The date referred to in your PM when document were sent are they saying that the document were sent to an address to which you had not yet moved?

          Also the one off payment mentioned did you make it?

          The name and address on the t's & C's at the time the account was opened, is it correct?

          nem
          The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
          Please make your own decisions with care and if necessary seek qualified legal advice.
          I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




          Comment


          • #65
            Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

            [MENTION=55034]nemesis45[/MENTION]

            Hi Nem,

            I trust you're well. I had the court hearing on Wednesday and the Judge dismissed the case. The illegible paperwork provided by the Claimant was not acceptable and the fact that there was no copy for the record of the default notice led to the cases dismissal.

            Thanks for all your invaluable help and guidance throughout the whole process.

            Regards, Kiwi 😊

            Comment


            • #66
              Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

              Congratulations Kiwi, well done for getting your case across to the Judge successfully.

              Tagging [MENTION=55034]nemesis45[/MENTION]
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #67
                Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

                [MENTION=55034]nemesis45[/MENTION]

                Hi there Nem, I just noticed that although I've had the above case dismissed in court at the end of Feb, my credit file is still showing 1st credit as a lender. The figure seems to reflect the amount they attempted to claim in court. How would I go about getting the matter removed from my credit file, based on the Judge dismissing the case?

                Regards,
                Kiwi

                Comment


                • #68
                  Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

                  Originally posted by Kiwi2016 View Post
                  @nemesis45

                  Hi there Nem, I just noticed that although I've had the above case dismissed in court at the end of Feb, my credit file is still showing 1st credit as a lender. The figure seems to reflect the amount they attempted to claim in court. How would I go about getting the matter removed from my credit file, based on the Judge dismissing the case?

                  Regards,
                  Kiwi
                  Hello Kiwi,

                  Unfortunately the alleged debt still exists it's just not enforceable in court.
                  What were the judges reasons for dismissing the claim?

                  nem
                  The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
                  Please make your own decisions with care and if necessary seek qualified legal advice.
                  I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




                  Comment


                  • #69
                    Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

                    Hi, the judge said that the paperwork the claimant presented was illegible and that the claimant had not presented the default notice that was allegedly served. Regards, Kiwi

                    Comment


                    • #70
                      Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

                      Originally posted by Kiwi2016 View Post
                      although I've had the above case dismissed in court at the end of Feb, my credit file is still showing 1st credit as a lender. . . . . . How would I go about getting the matter removed from my credit file, based on the Judge dismissing the case?
                      The Default will stay on your CRA file for six years after it was applied. Then the whole file vanishes from sight

                      How soon will that be?

                      Di
                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #71
                        Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

                        [MENTION=87380]Diana M[/MENTION]

                        That's fantastic news. The 6 year mark should be up within the next 4-6 weeks Thanks for the swift response.

                        Regards,
                        Kiwi

                        Comment

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