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

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  1. #51
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Yes, each of the recent cover letters says we encourage you to get in touch and let's reach a negotiated settlement.

    Many thanks for having a look at the docs again for me. Your legal opinion gives me much hope. I have never been through anything like this before and this platform that you run (with such professionalism and integrity) is invaluable to the people of this country. Please keep up your ever-so important work!

    I will be in touch when there are further developments.

    Kiwi

  2. #52
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Quote Originally Posted by Kiwi2016 View Post
    Yes, each of the recent cover letters says we encourage you to get in touch and let's reach a negotiated settlement.

    Many thanks for having a look at the docs again for me. Your legal opinion gives me much hope. I have never been through anything like this before and this platform that you run (with such professionalism and integrity) is invaluable to the people of this country. Please keep up your ever-so important work!

    I will be in touch when there are further developments.

    Kiwi
    Thank you Kiwi, but I'm just another volunteer on LB the way the site is run is down to the 3 owners and the site team and I sure they will appreciate your thoughts.

    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.





  3. #53
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45

    Hi Nem, about the above posts going back to the end of Nov - I have recently received a "Notice of Allocation to the Small Claims Track (Hearing)" letter from the Magistrates court and I have also received a letter from 1st Credit Limited (legal department). I'd be grateful for your input on a few things.
    1. The hearing date was been set for the end of Feb - it's possible I may not be able to attend the hearing. How do you think this will prejudice my defence (after having submitted it in writing)?
    2. Directions state "Parties serve and file copy documents by 4pm on XXth February 2017". What would this be in reference to (as I've already filed my defence based on the previous deadline)? Is this a final opportunity to file anything new in addition to what's already been submitted?
    3. 1st Credit have stated in their letter that if I file anything to the court I must send it to them too. I am obliged to do so?
    4. 1st Credit have enclosed (for the first time) a so-called copy of the default notice with the recent letter. Does the fact that they have sent it so late in the process give any leverage in my defence?
    5. 1st Credit have also included an offer in the same letter. However I see it as tokenism, as they are suggesting the full amount outstanding to be paid in a matter of days. Alternatively they say that I can pay in instalments but that the amount would reflect interest and fees, etc (adding £1k to the initial amount).

    As the case seems to be drawing near to a conclusion and it's been sometime since I sought your opinion; can you tell me where you think my case stands in terms of success rate (based on our posts from the outset and recent correspondence mentioned in this post).

    I'd like to add that, there are other debts that are owed, I am currently out of employment, I have no savings or assets and my monthly expenditure exceeds my monthly income from the limited benefits I am entitled to - in any case even if the decision were to be in favour of the claimant, there is no way I could afford to pay them more than say £1 a month (if that). Based on my circumstances and the in's and out of this particular case, do you think 1st credit can be brought to their senses and stop wasting both their time and resources, as well as the courts? If so, what do you suggest I do?

    I'd eagerly look forward to hearing back from and trust that you are well.
    Many thanks,
    Kiwi

  4. #54
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Hello Kiwi,

    The paperwork will have come from the Count Court not a magistrates.

    1.The directions you have received refer to your witness statement having to be sent to the court no later than 14 days prior to a hearing.
    Not attending the hearing will give the claimant free hand and the judge will have to rely on your defence and witness statement on the day.
    The default notice is not going to help them without an agreement.

    Prepare an Income and Expenditure statement, then if necessary you can produce it if it comes out that you have to pay by installments the court can see what you can reasonably afford to pay which maybe only £1 per month.

    Can you please post a copy of the DN here and anything else that 1st Credit has sent you.

    Also take a look at the witness statement template in the green box above.

    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.





  5. #55
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45

    Thanks for the swift response Nem. Apologies for my ignorance with some of this. This is the first time I'm having to defend myself in court proceedings.

    I recall the court asking on a form if there were any dates I would NOT be available for the hearing and I as far as I can remember I distinctly mentioned the month of Feb. It may be that I'm not able to be there. Are there any provisions I can exploit to delay the hearing without it prejudicing my defence? I am hoping that based on the defence I submitted, the documents 1st Credit have provided and the witness statement to be submitted that your opinion back in Nov stating ["Just taken a look again and my opinion is unchanged and I suspect that 1st Crud is fully aware of the lack of merit of the documents. I have feeling you will be getting " begging " letters soon. nem] results in the claimant not standing a chance. What is of some concern is that I never got any ''begging'' letters and a month before the hearing it seems like they are intent on pursuing (even though their paperwork is far from satisfactory).

    I have had a look at the witness statement templates and have a better understanding of what they are about; however, I'm unsure what details to include n my statement. Would you say the bullet points I mention in my first post in this thread would be adequate or is there more that can be added? Do I need to submit the so-called evidence (credit agreement, DN) myself to the court?

    I'm attaching what I recently received from 1st Credit here. The other doc's (reconstituted credit agreement, etc) are on the first page of this thread for your perusal.

    I have prepared an income and expenditure statement with the help of the debt charity Step change.

    Looking forward to your response.
    Thanks,
    Kiwi

    PS. there are 2 further attachments part of the same batch of doc's in the next post.
    Attached Images Attached Images
    • File Type: jpg 1.jpg (55.7 KB, 10 views)
    • File Type: jpg 2.jpg (38.4 KB, 9 views)
    • File Type: jpg 3.jpg (31.0 KB, 11 views)
    • File Type: jpg 5.jpg (49.5 KB, 15 views)
    • File Type: jpg 4..jpg (62.2 KB, 8 views)

  6. #56
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    the final 2 pages are attached here
    Attached Images Attached Images

  7. #57
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45

    Hi Nem, I hope you had a good weekend. Have you had the opportunity to study the above?

    Regards,
    Kiwi

  8. #58
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45 @Amethyst

    Hi, would be possible to get some feedback on my recent posts regarding my case please, I have a limited amount of time to file my witness statement and the case hearing is approaching too.
    Many thanks, Kiwi.

  9. #59
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Quote Originally Posted by Kiwi2016 View Post
    @nemesis45 @Amethyst

    Hi, would be possible to get some feedback on my recent posts regarding my case please, I have a limited amount of time to file my witness statement and the case hearing is approaching too.
    Many thanks, Kiwi.
    Hello Kiwi,

    Sorry for the delay in replying I was called away yesterday and have just got back.

    My opinion is unchanged the docs provided do not meet the requirements of the CCA request and the debt is unenforceable.

    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.





  10. #60
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @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

  11. #61
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Quote 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.





  12. #62
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45

    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.

  13. #63
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45

    Please see attached, thanks.
    Attached Images Attached Images

  14. #64
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Quote 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.





  15. #65
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @nemesis45

    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 😊

  16. #66
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

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

    Tagging @nemesis45
    “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

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  17. #67
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @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

  18. #68
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Quote 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.





  19. #69
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    Default 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

  20. #70
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    Quote 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 specializes in consumer credit.

    This forum’s site rules don’t 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

  21. #71
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    Default Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

    @Diana M

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

    Regards,
    Kiwi

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