Court claim 1st credit

[mystery1]

Re: Court claim 1st credit

But it was originally Mr & Mrs on the claim but had the wrong name on it ? (spelling mistakes don't count)


We have a claim started in June so any assignment letters from October are hopeless. This leaves us with http://www.legalbeagles.info/forums/...3&d=1414933603

Now i suspect that this is not a valid assignment in respects both of you. It has both names on it but is headed Dear Mrs. which is good enough, i'd say, to say the letter was for you and you alone. In any event i contend that both of you need to be sent your own. What happens if a couple only live together because they can't get/afford to live apart but are in effect separated and do not communicate ?

M1

[MrsJ]

Re: Court claim 1st credit

In light of your comments the original claim form was not just a spelling mistake.( most of Surname missing)
We pointed this out in our defence and they amended their claim to just Mrs.
Their recent letter to Mr asking us both to sign a consent order I assume then, should not be signed. If they make an application to the court using CPR 19(2) a & b will they succeed ?

[mystery1]

Re: Court claim 1st credit

How long ago did you default ?

M1

[MrsJ]

Re: Court claim 1st credit

Feb 2010 was the last movement that we can see, Lloyds kept trying to take their loan payment out for the next 6 months and piled on the charges.
I can't remember receiving a default notice, and we have never had a final demand.
The loan was also in dispute at the same time due to the PPI being mis-sold.

[mystery1]

Re: Court claim 1st credit

I'd not agree to the amendment and i'd point out the flaws to the claimant and invite them to discontinue.

M1

[MrsJ]

Re: Court claim 1st credit

Thanks for your help mystery1, could you give us some guidelines on how to word such a letter.

[mystery1]

Re: Court claim 1st credit

I wouldn't write. I'd phone them up.


I am inviting you to drop your claim because even if you prove all that you say your claim cannot succeed. In order to sue someone you need standing to bring a case against them. As you have not had proper assignment against both joint account holders you cannot sue them. You have no right. Whilst i dispute that Mrs has never received a notice of assignment, we will say for argument sake this is wrong and you have a right to sue MRS.. This leaves Mr and your notice of assignments that you have produced since launching this claim do not show that you had a right to sue MR at the time you filed the claim. As the CCA 1974 141(5) is clear that you can't sue 1 party to a joint account.

I therefore invite you to drop your case with each of us bearing our own costs. <<< that's up to you but makes it more inviting.


Should you take this to court i will draw attention to your wholly unreasonable behaviour and seek full costs under CPR 27.14 2 (g) I assume it's under £10000

Something like that. They are under no obligation to see sense.

M1

[MrsJ]

Re: Court claim 1st credit

Back again with an update, we have both received today from the court an Application notice, and hearing date 3.30 on the 5th December 2014.
1st credit legal department have made an order which states,

An order under CPR 19.2 (2) (a) and (b) that Mr ****** ******** be added as a second defendant to these proceedings because there is an issue involving Mr ****** ******** and the defendant which is connected to the matter in dispute in these proceedings. It is also desirable to add Mr ****** ******** so that the court can resolve that issue and all matters in dispute.

They have supplied further exhibits which now contain a Notice of Assignment addressed to Mr and also starts Dear Mr but dated 21/10/2014

Could any one help us with this hearing next week ( what to say and state to the Judge )
Many thanks.

[MrsJ]

Re: Court claim 1st credit

Just to update you on the current situation, 1st credit have to re-issue the claim with Mr added, so yet again we start at the beginning lets hope its third time lucky. We had one stroke of luck the Judge asked if we wanted to claim travel expenses which we said yes, he worked out a figure and to the disgust of their solicitor told him it had to be paid within 14 days ( he said they should not of let this case go so far down the line before adding Mr )

Just waiting now for the new claim form, and court directions.

[mystery1]

Re: Court claim 1st credit

Sorry i missed the application hearing post.

Has the old claim been dismissed, discontinued or what ?

M1

[MrsJ]

Re: Court claim 1st credit

Don't worry for missing the hearing post, thanks for your help so far.

The Judge agreed with their CPR 19.2 (2) request, a new claim is to be made by the 29 December, I have to re-submit or renew my defense and Mr has to submit his which he has allowed more time for.

[mystery1]

Re: Court claim 1st credit

What was the date of the cause of action ? This might be statute barred ?

M1

[MrsJ]

Re: Court claim 1st credit

Thanks for your help so far.

We are unsure what you mean by "cause of action"

There is a bank statement in late 2009 with 2 payments on, all other use on the account was Lloyd's taking and returning and charging for a loan.

This is why Lloyd's kept upping the overdraft limit

[mystery1]

Re: Court claim 1st credit

I think the judge is very wrong based on the limited facts i have.

Is this above £10000 ?

M1

[MrsJ]

Re: Court claim 1st credit

Hope not, £1217 is the Lloyd's last entry.

We have checked the credit ref on this current account and noticed that 1st credit have added their court fees so far to the amount it now stands at £1451, why can they do this when a case hasn't been won.