Court claim 1st credit

[mystery1]

Re: Court claim 1st credit

Check the t&c's.

When did they withdraw the o/d ? Usually it was renewed annually ?

M1

[MrsJ]

Re: Court claim 1st credit

We never had any t&c's
We have not had a letter asking for the o/d to be repaid or even telling us its been withdrawn.
The overdraft limit changed monthly without our request.
The account opened in 1989 in conjunction with a business account ( we were told it looks better to have your personal account with them as well )

[mystery1]

Re: Court claim 1st credit

We never had any t&c's
We have not had a letter asking for the o/d to be repaid or even telling us its been withdrawn.
The overdraft limit changed monthly without our request.
The account opened in 1989 in conjunction with a business account ( we were told it looks better to have your personal account with them as well )

That makes it hard to work out the date of their cause of action unless you had a demend from them around time of default.

M1

[MrsJ]

Re: Court claim 1st credit

This is the particulars of the claim.
We remember on Friday at the hearing that the reason for the late addition of Mr was they had only recently taken the case over, the original solicitor was Moon Beaver & now its 1st Credit Legal

[mystery1]

Re: Court claim 1st credit

Interesting signature on the claim form. Needs to be the actual solicitor not the firm.

Post up the judges order when you get it.
M1

[MrsJ]

Re: Court claim 1st credit

Thanks M1, will post it as soon as it arrives

[MrsJ]

Re: Court claim 1st credit

Back again, letter received form the court today listing the latest procedure.

[mystery1]

Re: Court claim 1st credit

Be interesting to see the new claim form. Wonder if they'll tell the truth about assignment ?

M1

[pt2537]

Re: Court claim 1st credit

Be interesting to see the new claim form. Wonder if they'll tell the truth about assignment ?

M1

Pickthall v Hill Dickinson anybody?

[MIKE770]

Re: Court claim 1st credit




Pickthall v Hill Dickinson LLP [2009] EWCA Civ 543 ??

[mystery1]

Re: Court claim 1st credit

Pickthall v Hill Dickinson anybody?

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

M1

[pt2537]

Re: Court claim 1st credit

Compania Colombiana de Seguros -v- Pacific Steam Navigation Co; 1965

That case suggests that the assignment cannot be made good after proceedings have commenced.

Seems that with Pickthall, they are struggling

[MrsJ]

Re: Court claim 1st credit

Letter in post today addressed to Mr, amended claim form from 1st credit.

As you can see the amendments are in red.

Could you advise what Mr should do now.

Many thanks for the help so far.

[MrsJ]

Re: Court claim 1st credit

Both now received the amended claim from first credit.

[mystery1]

Re: Court claim 1st credit

They both say assignment on the same date ?

M1