NO CCA Judge found in favour of First Credit. M&S 2004 CC

[harryandmabel]

Good morning,
Is there anything I can do to help a friend who was recently in court .No CCA produced by First Credit. Judge said ' on balance of probability CCA was lost' Debt was admitted and therefore full payment due . Friend has 10 days left to pay, and has no money.
My question is can she appeal/ set aside, Judge refused appeal at the time.?
There is PPI on account and charges, Judge said would not take that into account as was not in defence.
My friend is dyslexic and was person in litigant. She received PPI on other accounts but M&S refused at time of claim, and I do not think she pursued it after paying 3rd party to reclaim .
Many thanks in advance for any help / advice offered.

[Amethyst]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Do you know what her defence was? just the lack of a CCA ?

If the judgment is a forthwith order then she will either need to appeal or apply to the court to vary the order to an installment order - http://www.legalbeagles.info/forums/...judgment-order

IF she wanted to try and appeal she would have to get some help from a decent consumer credit law firm.

[MENTION=551]pt2537[/MENTION]

[judgemental24]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Bit late now but i have to ask

Was this a M&S Store card made up to a credit card??

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Many Thanks.
I have given some numbers from Law Society for a consumer Solicitor , as a type she is waiting for a call back ..has not been easy trying to find a local one dealing with Consumer law!
The card was an 'and more ' card 2004.
My friend just read the Judgement to me over the phone, just two lines, she did not mention forthwith order. I will double check. If it does not mention forthwith can she negotiate repayment with First Credit, or via Court?
Will there be much point in PPI and charges? such a battle.

[judgemental24]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

The "and more card" was a charge card

Did they ever upgrade the card to either a visa or mastercard credit card

It is important

[pt2537]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Many Thanks.
I have given some numbers from Law Society for a consumer Solicitor , as a type she is waiting for a call back ..has not been easy trying to find a local one dealing with Consumer law!
The card was an 'and more ' card 2004.
My friend just read the Judgement to me over the phone, just two lines, she did not mention forthwith order. I will double check. If it does not mention forthwith can she negotiate repayment with First Credit, or via Court?
Will there be much point in PPI and charges? such a battle.

You don't need a "local" lawyer, location doesn't matter in the legal world.

Id be interested to see what they did provide, was it a reconstituted credit agreement?> if so then there may be errors in the agreement that could be challenged, some debt collectors do try and recon an agreement but don't get it right so you may well have a get out of jail card here

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Sorry yes Defence no CCA

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

No agreement. Application form. Copy of T&C ( &more CCA ) Nothing signed and copy statement.

[judgemental24]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

There is case law now on these store card upgrades and new agreements needed.

Cracking piece of work below

https://www.google.co.uk/url?sa=t&rc...zIAE8NKytXI4bw

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Friend said yes card was changed to a Visa Card. In court the application form was shown and reconstituted agreement mentioned . Judge said probable original was lost!

[judgemental24]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Who did your defence to the claim??

When did she take out the original store card?

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Defence was sourced from website, here and adapted. Based on no CCA
Original card 2004

[judgemental24]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

So before 2007, this gets worse

i will let the site team take over now as a CCJ has been awarded and the appeal process is not my area

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Yes Application form .Signed 2004

[harryandmabel]

Re: NO CCA Judge found in favour of First Credit. M&S 2004 CC

Many thanks