1st Credit/Judge & Priestly v Kafka

[Kafka]

Re: 1st Credit/Judge & Priestly v Kafka

I sent CPR31.14 request, but to the solicitors not C1, but they have now taken it back from them.

Have spoken to the court and they have not been notified of any change of legal representative. They've updated their records and I'll send copies of the correspondence.

[Kafka]

Re: 1st Credit/Judge & Priestly v Kafka

Still no info from C1 and the time is over now. Should I submit an embarrassed defence of apply for strikeout?

[Celestine]

Re: 1st Credit/Judge & Priestly v Kafka

Have received reply from C1 regarding the CCA request.

They say that a CPR request would have been more appropriate and have returned the £1 cheque., and they have consented to a 28-day extension for filing the defence.

The other point is that they have served a Notice of change of legal representative and taken responsibility back from J&P. However, it was J&P that were sent the CPR31.14 request for disclosure.

It is not up to them what is more appropriate.

A CPR request not complied with can still result in Judgment.

A CCA request not complied with should not result in Judgment. Its important that you write back stating that you regard their response as non compliance with s.78(1) CCA and that now s. 78(6) applies and they cannot enforce until they specifically comply with your request.

[Celestine]

Re: 1st Credit/Judge & Priestly v Kafka

Still no info from C1 and the time is over now. Should I submit an embarrassed defence of apply for strikeout?

I'd say you're capable of handling a strike out application mate? You can defend but it will very likely result in a stayed claim and the need for a strike out application later on.

It all depends on the individual Judge....there are no black and white guarantees. x

[Kafka]

Re: 1st Credit/Judge & Priestly v Kafka

Before writing formally I decided to send them a WTF-is-going-on email and received this thoughtful response, which smacks of some desperation. :noidea:

*********************************

Dear Herr Kafka

Claim No: 180!
1st Credit (Finance) Ltd -v- Kaf

Thank you for your e-mail. Please note my direct e-mail so that future correspondence might be easier.

We are very much in the hands of the original creditor in terms of time scales. I would certainly hope to have something to you within the next 14 days. :deadhorse:

Please be assured that as soon as I receive it, I will forward it on . You might advise whether you are happy to receive an electronic version or whether you prefer a hard copy by mail.

We will write to you again as soon as we are able. :flypig:

If on the other hand you wish to explore settlement of the issues, you have my direct line below.

Yours truly

Our Man @ 1stC

[Kafka]

Re: 1st Credit/Judge & Priestly v Kafka

This is their email signature. How wonderful to be able to bask in such reflected glory, knowing what a great job you are doing for society.

Legal
Email: Legal@1stcreditltd.com
Web: www.1stcredit.com
S: 01737 228555
1st Credit is extremely proud to have won ‘Compliance Team of the Year‘ for an unprecedented 4 years in a row. The business was also voted ‘Consumer Credit Team of the Year’ at the 2013 Credit Today Awards, was shortlisted for ‘Trace Team of the Year‘ having won in 2011 and 2012, and similarly shortlisted for ‘Best Customer Initiative‘.

[Kafka]

Re: 1st Credit/Judge & Priestly v Kafka

Well I was surprised today to receive a big envelope from Reigate as a response to my CCA/CPR requests. Inside was some copy statements and correspondence from 2007-9 which they had "hastened" to enclose. Also noted:
"We are still seeking additional information on any charges or payments through to 2010"

They seem to be trying to establish that there is no Limitation claim when I have never mentioned this and the requests were for the CCA agreement plus any documents they will rely on in court. Basically Lloyds have sent them what they have and said they'll have another look behind the cupboard.

[Kafka]

Re: 1st Credit/Judge & Priestly v Kafka

Well this all went quiet and I never had any of the requested documents.

Got a letter today and its a statement of account with an extra £300 added on for costs and interest, with no mention of the claim. They note that I'm not paying to the account and offer me different ways to contact them "...should I wish to discuss this further".

The cheeky buggers. Just how far do they think my Christmas spirit stretches? :w_nikolaus_187: