Court claim 1st credit

[MrsJ]

Re: Court claim 1st credit

Thanks nem45, we might remove that part, it was our original plea when Mrs j received the first claim, apart from Lloyds trying to take a loan payment every month for nearly a year, which went out and then put back and a charge made, the account stayed like that. We found one transaction in Sept 2009 which wasn't the loan.

[nemesis45]

Re: Court claim 1st credit

The Claim that the debt is Statute Barred is a complete defence.

Please to save my reading through 50 + posts explain you stat barred claim and what evidence you have to prove it.
However it is for the claimant to prove the debt is Not SB, but one would like to be on firm ground here.
nem

[MrsJ]

Re: Court claim 1st credit

We sent the same to 1st credit finance and their legal department, just to make sure the couldn't say they had not received it., we can't be sure they are linked.

[Kati]

Re: Court claim 1st credit

This is a draft for Mr's defense, could you have a look and may be suggest any further things to add.
Many thanks for the help so far.

just pointing out ... 8 and 9 are the same as 10 and 11 :tinysmile_grin_t:

[MrsJ]

Re: Court claim 1st credit

This is a draft for Mr's defense, could you have a look and may be suggest any further things to add.
Many thanks for the help so far.

[nemesis45]

Re: Court claim 1st credit

Current Accounts are exempt from parts of CCA 1974 as are OD's, there is no " regulated agreement" as such a " letter of facility" is signed at the inception of an account.

Default notice are not required a Formal/Final demand for payment is made, a recall for repayment of an overdraft in full is made stating that the facility will be withdrawn on a certain date.

Btw The Deed of assignment is the confidential commercially sensitive contract between debt seller and debt purchaser, a court may order production is certain circumstances, but if this happens it is usually useless as it refers perhaps to many thousands of accounts in a portfolio of debt,

[MrsJ]

Re: Court claim 1st credit

Mr j's Defense

[mystery1]

Re: Court claim 1st credit

In what regard ?

M1

[MrsJ]

Re: Court claim 1st credit

Could anyone advise us if there are any Acts that cover current account's and overdrafts, ie, is it covered by the Consumer Credit Act 1974, or something else?
Many thanks.

[mystery1]

Re: Court claim 1st credit

Part 18 doesn't apply to small claims. If you haven't entered a defence though it isn't a small claim. No point arguing with them. Either proceed as you were or apply to the court.

M1

[Debt Camel]

Re: Court claim 1st credit

CPR 27.2(1)(f) states that part 18 does not apply to small claims

From http://www.justice.gov.uk/courts/pro.../rules/part27:
(1) The following Parts of these Rules do not apply to small claims –
...(f) Subject to paragraph (3), Part 18 (further information);
...
(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.


In other words, you can't reply on Part 18 but have to make an argument as to why the judge should order the claimant to disclose whatever it is you want.

[MrsJ]

Re: Court claim 1st credit

Just another update, Mrj sent a part 18 request to 1st credit, asking for the deed of assignment, default notice, and notice of assignment.

We received a letter back that CPR 27.2(1)(f) states that part 18 does not apply to small claims, I have read this and don't agree, can we ask the court to request this information?.

They also say "we confirm the default date" and that's all, the notice of assignment sent to Mrj is the one dated 21/10/2014, and the deed of assignment is a "commercially sensitive document which we are not required to disclose", any thoughts on that?

Our defense(s) needs to be in by the 19th Jan.

[mystery1]

Re: Court claim 1st credit

I think i'd contact them and ask about the 2nd assignment to see if they'll drop matters given the claim is utterly hopeless. Remind them that the POCs are accompanied by a statement of truth and that only one notice of assignment was posted at the time. In fact because of this you need to see the DEED of assignment.

See what happens.

It wouldn't be out the question to appeal the order or to apply for summary judgement.

Hopefully someone comes in with a stronger and clearer path for you to take.

M1

[MrsJ]

Re: Court claim 1st credit

The latest Court Order is also above, is that the one your on about?

[mystery1]

Re: Court claim 1st credit

Did you ever get the court order in writing ?

M1