1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

[Neil77]

Hi,

This is a first time post, and although ive tried to follow all the other threads to save writing one myself, I'd rather be certain I'm doing things appropriately.

In short, I had an account with Halifax with a £1000 overdraft facility, hardship struck, and I went over. Halifax continued to add interest and fees to the account to the point I had no choice but to walk away and start again with Lloyds TSB. 1st Credit now say they own the debt and are stinging for £1,398.91 plus court fee £70 and solicitor costs £80.

as follows.

the claimant claims the sum of 1,398.91 for debt & interest. From 03/11/2003 the defendant held account number ************** with BANK OF SCOTLAND PLC with an overdraft facility. The account was in default on 27/09/2011 and the creditor demanded repayment of the outstanding sum. The balance was 1,353.52 on 18/11/2013 the debt of 1,353.52 was assigned to 1st credit (finance) Ltd. Notice of assignment was sent to the defendant in accordance with s136 law of property act 1925.
AND THE CLAIMANT CLAIMS
1. The sum of 1,353,52
2. Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum from 26/11/13 to 28/4/14
45.39, & thereafter at a daily rate of 0.30 until judgement or sooner payment.

Now, being honest, I haven't got any paperwork from these people as I've filed a lot under "B" which I now know as daft.
I have had a noodle creadit report and they are showing as the owner.

This was filed on the 30/4/2014 and I've AOS 12/05/2014 (I was out of the country) Stating I aim to defend all of the claim
I've also sent CPR 31.14 to Judge & Preistley 12/05/2014 with 7 days.

My line of thought is to see what paperwork they come back with. If they have nothing, file to strike. If they do have everything they need, offer a Part 36 full and final stating that the interest and fees cant be held up in court.

Again, this is my first time dealing with this, so any and all advice will be well received and appreciated.

Thanks

[FlamingParrot]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi and welcome

Sounds like you've got the general idea. :thumb:

Do keep an eye on the timescales :clock: and post up anything you receive. :typing:

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi,

Thanks for the quick response.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Right and update.
I spoke to a frined of mine, who has a legal background about the matter. She advised me making a F&F offer as she felt the whole CPR thing wouldn't offer me a leg to stand on.
On this advise I went to J&P and offered a £350 (against £1,500 made up of £1000 debt and £500 charges) F&F on the proviso of settled and cant be passed on. I didn't mark the email Without Prejudice.

They've come back and rejected via the solicitor who's said they will accept 80%. He also said they'd received my letter and that the matter was now on hold ad not to worry about deadlines.
Questions:
1. I feel I should have stuck to my original plan and saw what paperwork they had first.... Have I now acknowledge the debt, or a I still ok?
2. What about time scales... I said the info needed to be provided in 7 days but J&P said it'll come but probably not in those time scales.
3. What advise on where I go from here. I'm getting conflicting advise and simply wish to get this sorted.

Thanks in advance.

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Yes stick with the paperwork - you always have time later for negotiating and you are likely to be in a stronger position. Your first post was right, so stick with your initial instincts.

Also ignore J&P's advice not to worry about deadlines, that's how people end up with Judgments by Default.

You've acknowledged the claim and sent your CPR request. If J&P won't be able to supply the information within the timescales you have then you need to ask them to agree to an extension under CPR 15.5 of up to 28 from the date your defence / admission is due to be filed. If they can agree this in writing (by email's fine) you can lodge that agreement with the court so no errors are made and J&P can't accidentally apply for default judgment.

Do you want to post a copy of what you sent to them offering the £350. I don't think it will be a major issue in a smalls claim case but be aware if you ever have a claim against you in fast track making random offers early on could have later cost consequences.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi Amethyst,

Thanks for the quick response.

Here's a copy and paste of the email I sent to Judge & Priestley
As per our earlier conversation.

I have taken advice, and on the back of that, been offered funds from family to clear this debt before further action is taken
As such, Im happy to offer, in full and final settlement, the sum of £350, on the following provisos.

1/ My credit report is marked as "settled".
2/ This payment is in full and final settlement of the debt. (1st Credit wipe it from their records and have no further right to pursue it, nor pass it on to any other organisation or associated company.
3/ I have agreement of the above in writing from 1st Credit.

Although I wish for nothing more than to resolve this matter, should this offer not be accepted, I'll have no choice but to have the case transferred to my local court and state my defence. Should this go against me, I'll only be able to make token payments as my financial situation isn't very strong at present.

Thank you for your help.

Regards
Neil

Again, this is not something I'm used to, so accept all the advise I get.
Many thanks

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi,

Just an update. My CPR31.14 is due on Monday and I'm guessing I'll not get the info requested.
Shall I issues a CPR15.5 Extension with the solicitor and at the same time issues a CPR31.15 giving them a further 7 days to disclose the documents. Should they not disclose after the following 7 days then make an application to the court for the claim to be struck out? Even after the above?


Advise, as always, its greatly appreciated.

Many thanks
Neil

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Okay, that's all fine

Yes you now need to email them back and say, Sorry to hear you aren't accepting my offer, I'm unable to pay 80% and certainly not without any evidence of the debts existence, so with regards to you taking forever to get the documents you should have had at the beginning could you be a love and confirm you are in agreement with an extension of 28 days under Cpr 15.5 to filing my defence to give you chance to get the papers, and for me to consider them, otherwise I'll be forced to make an application to the courts for compliance with CPR 31.14.


Obviously in better words than that

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi,

As tomorrow is the final day for my CPR31.14 request I have drafted the following requesting CPR15.5 and 28 days.

Could someone one please review it based upon my previous posts and give me their advice.

Should I mention an alternative course of action in accepting my offer, in that it'll save them a lot of further hassle, or just leave it?

Should i I mention moving the hearing to my home town from Northampton, giving them further cost implications?


Any any and all advice will be greatly appreciated.

Thanks
Neil


Dear Sir,


Re: 1st Credit (Finance) LTD v Mr Xxxxxxxxxxxxxxxxxxxxxx


CPR 31.14 / CPR 15.5


On 4th May 2014 I received the Claim Form in this case issued by you out of the Northampton County Court.


I confirmed to you having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.


On the 12th May 2014 I sent a request made under CPR31.14 for the disclosure of documents mention in your particulars of claim.


The documents mentioned in your Particulars of Claim:


The agreement/overdraft facility confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.


The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.


3. Notices of Sums in Arrears under running account credit CCA2006 sec 86C.


4. Notice of Assignment.


Although these documents should have been in your possession and witnessed by you before issuing a claim, you have failed to comply with my CPR31.14 request. As such, and as the 7 days given to produce these documents has now elapsed, I now request an extension of 28 days under CPR 15.5 to allow time for you to source these documents, for me to then consider them and then submit my defence.


Should these documents not be produced within a further 7 days of today's date, I will then make an application to the court under N244 to make you comply with my request and have the your claim struck out should you fail to do so.

[FlamingParrot]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

As tomorrow is the final day for my CPR31.14 request I have drafted the following requesting CPR15.5 and 28 days.

Could someone one please review it based upon my previous posts and give me their advice.

Should I mention an alternative course of action in accepting my offer, in that it'll save them a lot of further hassle, or just leave it?

They should be aware of that fact so it wouldn't make much difference.

Should i I mention moving the hearing to my home town from Northampton, giving them further cost implications?

No, Northampton is just the bulk centre for money claims. If the claim progresses, it will be transferred to your local court.

They would have received your letter and know what documents you'd requested, to save time you may want to ring and/or email them, saying that, since they have not supplied the docs within the timeframe, you are requesting their agreement to an extension of 28 days under CPR15.5 as Amethyst said above. They can just put that on an email. :typing:

Do keep a log of your calls and emails and what their responses are in case they refuse and you go for an unless order. :thumb:

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Thanks FlamingParrot.

So basically send this reminder and CPR15.5 request, give them 7 days to produce the documents (which they should legally have in their possession to file a claim), and if they don't produce file an N244 to get them to comply or struck out? Is that the correct order of things?

Sorry for all the questions - his isn't my day job so I'm Googling and trying to piece it together as much as possible.


Thanks again.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Just an update,

Spoke to J&P with a view to getting extension. I asked the case a handler where the paperwork was that they mention in their POC and why they'd not produced it as they'd need to have it to hand when issuing a claim. He then told me they have none of it to hand and it normally takes months to come through? He explained how the collections company buy all the debt in bulk with the original creditor guaranteeing the paperwork exists should it be required.

These people are simply bullies, who buy a load of debt in bulk, send out a load of applications via Northampton, with a view to scaring people into coughing up and making a quick ROI.

Feel better about the situation and sorry for all those people organisations like these pray on.

Neil

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Did they agree to the extension or are they waiting for your letter?

Good to hear speaking with them has put your mind at rest. It does sound like you'll be putting in your application for an unless order.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi Amethyst,

They sad they'd agree to it. To be honest, the case handler on the end of the phone sounded like more a middleman for a front company more than anything else.
It definitely came across as them playing a numbers game when I started pressing him for info.
He told me not to worry as the case was on hold until the original creditor provided the info. I asked him how 1st Credit and J&P could file a claim without having the proper docs, at which point he started to get a tad flustered.
Anyway, I then informed him that I wasn't willing to just sit and wait and I would like his agreement in writing, which he confirmed he'll do once my email gets to him. I said Id call him PM to chase it up.

Thanks to you both for your assistance so far, its appreciated.

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Excellent well done, once you get the confirmation off him then pop that over to the court with a note confirming extension until XXXXXX. If you then get nothing from them you'll be needing to apply for the unless order about 7 days before the end of the extension period.