Court claim 1st credit

[MrsJ]

This is a court claim from 1st credit relating to a LLoyds bank Joint account overdraft.
court claim from 1st credit started in June with my other half's name wrong. we pointed the error out in our defence.
They amended claim to me only.
The court have set out time scales and I have submitted court bundle & statements.
1st credit are now asking us to consent to adding OH to the claim to avoid increasing costs ?
They also want the court to change the hearing date from mid January
We believe this is a tactic for them to gain time to get information from Lloyds regarding our original disputes in 2006 to 2009( financial hardship due to illness & self employed) .
Should we insist it remains just in my name only and continues on the dates set ?

We would appreciate any guidance

[enaid]

Re: Court claim 1st credit

Hi and welcome, I can not help you, but someone will be along soon who can.

[Amethyst]

Re: Court claim 1st credit

This is a court claim from 1st credit relating to a LLoyds bank Joint account overdraft.
court claim from 1st credit started in June with my other half's name wrong. we pointed the error out in our defence.
They amended claim to me only.
The court have set out time scales and I have submitted court bundle & statements.
1st credit are now asking us to consent to adding OH to the claim to avoid increasing costs ?
They also want the court to change the hearing date from mid January
We believe this is a tactic for them to gain time to get information from Lloyds regarding our original disputes in 2006 to 2009( financial hardship due to illness & self employed) .
Should we insist it remains just in my name only and continues on the dates set ?

We would appreciate any guidance

Morning. Is this off the back of this claim http://www.legalbeagles.info/forums/...505#post433505

Seems a strange thing to do to amend the claim to you only, then ask to add your OH back on. I don't believe there is any benefit in not consenting to them re-adding him to the claim.

When do they want to change the date to? and for what reason?

Are you still claiming Statute Barred ?

Could you post a copy of the defence that currently stands please. The original disputes might have a little more power since the Foster-Burnell v Lloyds cc judgment.

[mystery1]

Re: Court claim 1st credit

Can you post the letter(s) of assignment ?

M1

[MrsJ]

Re: Court claim 1st credit

IN THE XXXXXXX COUNTY COURT Page 1 of 2
CLAIM NUMBER: XXXXXXXXX
BETWEEN

1^ST CREDIT (FINANCE) LIMITED
CLAIMANT
AND


MRS XXXXXXXXXXXXXXX
DEFENDANT
DEFENCE

1. The defendant denys that I am liable to the claimant either as alleged in the particulars of claim or at all. Save where otherwise admitted, each and every allegation in the particulars of claim is denied.
2. Paragraph 1 of the particulars of claim is admitted save that the defendant had an agreement with Lloyds Bank Plc.

3. Paragraph 2 is denied, the defendant maintains that no agreement exists between the claimant and defendant

4.It is denied that the claimant is entitled to the amounts claimed or any interest amounts

5.The claimant alleges the account was assigned to them by Lloyds Bank Plc and that a notice of assignment has been given to the defendant.

6.The defendant draws the courts attention to section 196 Law of Property Act 1925

7.I respectfully submit to the court that steps to ensure service of the notice of assignment are only adequate if the requirements of S.196 of the law of property act 1925 are complied with either (a) postal service or (b)personal service

8.Since the claimant explicitly states it was “sent” it is assumed this was via postal service

The requirements for service via the post are

Law of property act (1925) s196(4) any notice required by this Act to be served shall be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lesser, mortgagee, mortgagor, or other persons to be served, by name, at the aforesaid place of abode or business, office, or counting house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned undelivered, and that service shall be deemed to be made at the time at which the registered letter would be in the ordinary course be delivered.
Page 2 of 2


9. It is noted that the claimant has, at no time, provided evidence that the notice of assignment was sent by registered post, and if “sent” via any other method, the notice was not sufficiently served.

10. I did not receive any notice of assignment in the format prescribed by law and served in the prescribed manner from the respondent

11. To the best of my knowledge any notice of assignment sent to me by registered post must therefore have been returned to the respondent.

12. Consequently, I do not believe that any notice of assignment was properly served upon me at the date of the claim, and therefore any assignment has not been perfected in law.

13. It is further averred that I am entitled to inspect the Deed of Assignment to my request under CPR 31.14.
(Van Lynn Developments V Pelias Construction Co Ltd 1968 (3) ER 834)

14. The claimant’s solicitor has failed to facilitate this request under section 5 of the Limitation Act 1980

15. The claimant’s solicitor has failed to supply certified copies of the repayment demand, and a full statement of account prior to the alleged assignment by Lloyds Bank Plc.

16. The claimant 1^st Credit Finance Ltd/Connaught Collections supplied a statement not relating to this claim.

17. I the defendant claim that this account XXXXXXXXXX has been in dispute since XX-XX-2006, Lloyds Bank reference number XXXXXXX, without conclusion.

20. Until the Claimant complies with the Defendant requests, the Defendant is neither able to admit or deny the true figure and request leave to amend my defence should the claimant furnish the requested paperwork on which their claim relies upon.

STATEMENT OF TRUTH

I XXXXXXXX XXXXXXXX believe the facts stated in this defence are true.

XXXXXXXXX XXXXXXXX

Dated this day xx 2014


This is the most recent defence as it is not statue barred. Have not received copies of default notice or Lloyds final demand for payment.But did receive a copy of the assignment letter. Have had a responce from 1st credit to my defence and witness statement. They now require more info etc.

[MrsJ]

Re: Court claim 1st credit

img121.jpg

[MrsJ]

Re: Court claim 1st credit

img122.jpg

[mystery1]

Re: Court claim 1st credit

So it's a joint account and the only sent assignment to Mr ?

M1

[MrsJ]

Re: Court claim 1st credit

It is a joint account, but so far the copy's of the assignment we have seen have been addressed to Mr, in their court bundle it's addressed to us both, why would they want us to sign a Consent Order to add Mr,
On the consent form they want to vacate the date in January and re-list. for a later date. We would then have to file and serve an amended defence. This would be the 3rd time. It has already been going on since May 2014.
All letters from 1st Credit have been addressed to MRS. Since receiving our defence and witness statement they now request further information re Financial difficulties and when I notified Lloyds of my illness. The letters to Lloyds are all in our bundle and Lloyds responses.
In their court bundle they have different claim numbers on a few of the pages.
We think that 1st credit are stalling for time ? Why ?

Thanks for your help

[MrsJ]

Re: Court claim 1st credit

In a recent letter from 1st credit they are offering us a discount on the amount.
If their case is so strong in court why would they do this ?

[mystery1]

Re: Court claim 1st credit

It is a joint account, but so far the copy's of the assignment we have seen have been addressed to Mr, in their court bundle it's addressed to us both, why would they want us to sign a Consent Order to add Mr,
On the consent form they want to vacate the date in January and re-list. for a later date. We would then have to file and serve an amended defence. This would be the 3rd time. It has already been going on since May 2014.
All letters from 1st Credit have been addressed to MRS. Since receiving our defence and witness statement they now request further information re Financial difficulties and when I notified Lloyds of my illness. The letters to Lloyds are all in our bundle and Lloyds responses.
In their court bundle they have different claim numbers on a few of the pages.
We think that 1st credit are stalling for time ? Why ?

Thanks for your help

So this Mr & Mrs assignment, you've never seen it ? Does it tie in with any individual one (i.e. have they manufactured it possibly)

The reason i'm asking is that it is a very important point.

http://www.bailii.org/ew/cases/EWCA/Civ/2009/543.html

The reason they are asking to add MR is that if they don't then the claim fails.

http://www.legislation.gov.uk/ukpga/1974/39/section/141

5)Except as may be provided by rules of court, all the parties to a regulated agreement, and any surety, shall be made parties to any proceedings relating to the agreement.



Now i think a joint letter of assignment is no use to them but at present i cannot back that opinion up with case law or statute.

M1

[MrsJ]

Re: Court claim 1st credit

The Mr & Mrs assignment which starts , Dear Mrs, is in their court bundle and was the first time we viewed it.
The assignment sent to Mr last week is with his name on only and also has a higher balance figure owing ( they have added their recent costs )
We are sure they are up to something, if they apply to the court to add Mr without or consent can we also apply to have their request refused, if so on what ground's.
The assignment notice from Lloyds & 1st Credit in their court bundle is different to the latest ones even in layout.

[mystery1]

Re: Court claim 1st credit

This is going to be confusing without seeing everything to be honest.


At the time the launched their claim did the claimant have the right "locus standi" to bring the claim against the defendant(s) ? (was the assignment of both parties complete) Did the claim against the defendant(s) include all parties to the agreement ?

If they had no right to sue all parties at the start of the claim then the claim is an abuse of process and they cannot rectify these matters retrospectively.

http://consumercreditlitigationandde...iminary-stage/

M1

[MrsJ]

Re: Court claim 1st credit

img123.jpg

[MrsJ]

Re: Court claim 1st credit

Thanks mystery1, above is the assignment notice from Lloyds which is in 1st Credits court bundle.
The court claim is 1st Credit V Mrs