Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

[teddy54]

Received a claim? Yes
Issue Date: 27-1-2016
Amount approx:
Claimant: 1st Credit (finance) Ltd
Solicitor: Moon Beever
Original Credit: HSBC

Particulars of Claim:


Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:

[Kati]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Can you type up the particulars of claim (with account numbers removed) so the Beagles will be able to advise easier please??

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Hello, I have been recommended this forum from the nice people over at MSE.
I did fill in the details of the claim, but the information is not showing above, so I will put it here.
Loan taken out "on or about" 31/10/2007, defaulted 30/12/2008.
I can confirm that I have not paid anything, had conversations with, or responded in any way to correspondence from HSBC, or Ist Credit.
I know people om here are not judgemental, but would like to say that my wife died suddenly, hence why I could not make repayments. I am guilty of burying my head in the sand though, I admit.
I truly believe this debt is Statute Barred.
All I have done so far is acknowledge the claim online today.

3 questions if I may regarding the next steps

a) Do I now send a CCA and a CPR request as detailed in the guidelines?

b) Is there any value in sending a letter to !st Credit stating the debt is now Statute Barred?

c) Do I need to do anything else yet having acknowledged the claim with the courts?


Thank you all.

- - - Updated - - -

Sorry Kati, our posts crossed.
Do you need anything further?

[Amethyst]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

I'm really sorry for your loss, that must have been so difficult , and no, dealing with banks, debt collectors or anyone else is the last thing you'd be bothered dealing with. Head sanding is quite a good plan sometimes xx

So it does sound like it might be statute barred, which is good but it is still best to go through the other bits to make doubly extra sure you have a decent defence if one bit falls over for any reason.

a) Do I now send a CCA and a CPR request as detailed in the guidelines? Yes please - CCA will be s.77 as it is a loan - the CPR request just check what docs are actually mentioned in the claim form. CCA goes to the claimant and the CPR goes to the solicitors.

b) Is there any value in sending a letter to !st Credit stating the debt is now Statute Barred? Yes, you can add a paragraph onto your CPR 31.14 request - something like - It is my contention that any alleged debt would now be statute barred by virtue of paragraph 5 of the Limitations Act 1980. If you do not believe this is the case please send any documents on which you intend to rely in respect of the date of last payment or acknowledgement of the alleged debt

c) Do I need to do anything else yet having acknowledged the claim with the courts? Just send those CCA and CPR letters links to fromt he Frist Steps post - http://www.legalbeagles.info/forums/...it-Court-Claim

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Sorry, I am a bit thick when it comes to things like this..... can you explain what you mean by the answer to c)? Do I have to go into the claim on MCOL and enter anything under "defence particulars"?

[Kati]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Sorry, I am a bit thick when it comes to things like this..... can you explain what you mean by the answer to c)? Do I have to go into the claim on MCOL and enter anything under "defence particulars"?

not yet ... now you've acknowledged the claim you have a bit of time before your defence is due (33 days from the date of issue on the claim form :nod

[Nibbler]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Not yet. Wait until you see if there is any replies to CCA/CPR. You have 28 days + 5 from the issue date to enter a defence if you have acknowledged the claim.

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Thank you both very much.
At least I can sleep tonight now.

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Just a quick update. Relevant letters now sent to both the claimant and the solicitor, recorded delivery, with the £1.00 postal order included.
I guess I just wait now, I assume nothing else can happen at this stage?

[Nibbler]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

AS long as you don't miss the deadline for your defence, no. If you do get replies please posts up the responses ASAP though.

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Hello all. I have received a reply from Ist Credit today. reads like this

Dear Mr xxxxxxxxxx
We write to your recent correspondence with regards to the above stated outstanding debt, and acknowledge your request for a copy of your credit agreement pursuant to section 77-79 of the Consumer Credit Act 1974.
We confirm that we have requested this from the original creditor, and will forward this to you once we are in receipt of the same.
In the interim we confirm that no further action will be taken against you in respect of this matter by us until the credit agreement has been provided to you.
Yours Sincerely, etc


Sounds like a standard reply to me - although my cynical side asks whether they are waiting to see if I enter my defence or not?

Does anybody have any thoughts as to there is anything else I should do at this stage? I have not entered my defence as yet, still well within time period.

Nothing at all from the solicitors yet

Thanks in advance

[Amethyst]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Yes standard response. And yes, still enter your defence within the timescales set by the court ( 33 days from date of issue )

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Thanks for the quick reply, appreciated

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

Hello, a quick update if I may.
Since my post of 9th Feb I have received no further correspondence from either 1st Credit or the solicitor.
My deadline for entering my defence is drawing close now, and obviously I do not want to miss it.
Can anybody advise how I should word my defence, is there a standard way to this when the debt is statute barred?
Thanks in advance

[teddy54]

Re: Court Claim - 1st Credit (finance) Ltd / HSBC - 27-1-2016

....hope nobody minds me bumping this up