** DISCONTINUED ** 1st Credit (Finance) Limited v martinr67

[Martinr67]

Quick update...

Letter today from 1st Credit stating they are requesting a copy of the CCA from the original creditor and they will forward this onto me as soon they are in receipt of the same.

They are also instructing J&P LLP not to proceed with the CCJ until the request has been completed.

Still hoping for some advice on my defence post above.

Cheers
Martinr67

[Amethyst]

Hiya, I've just un-templated it a bit for you so it's a bit more personal but says the same. Check through it all xxx

"The Claimant is the assignee of a Lloyds Bank plc debt in the sum of £4,172.58 assigned on 21/11/14. Statutory notices of assignment were sent to the defendant. The debt is a Credit Card account first opened by the original creditor on or about 23/08/2001 under reference xxxx. The Defendant used the credit facilities. On 07/03/2012 the account defaulted with an outstanding balance of £4,172.58. The Claimant and its predecessors in title demanded repayment of the sum due. In breach of contract the Defendant failed to repay the sums due.

DEFENCE

1. I received the claim A1BC2345 from the Northampton County Court on 20^th January 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for a Credit Card agreement between myself and Lloyds Bank regulated under the Consumer Credit Act 1974 opened in August 2001.
4. The claim is defended on the grounds that it is statute barred (paragraph 6) and the creditor has failed to comply with section 78 of the Consumer Credit Act ( paragraph 13 )
5. The particulars of claim are quite limited however I have made every effort to find out more information about the claimant's claim.
6. It is my contention that any alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.
7. I have had a credit card with Lloyds Bank in the past, however I have had no contact with Lloyds Bank since 2009. I have checked my bank statements and I have not made any payments to Lloyds Bank since August 2011, although I am unsure what that payment was for.
8. I do not know how the amount claimed by the claimant is made up. To find out more information to enable me to consider my position on the claim, on xx/xx/2018 I sent a Subject Access Request under the Data Protection Act to Lloyds Bank as the original creditor to find out how the alleged debt has arisen.
9. It is denied that Lloyds Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon me.
10. The Claimants statement of case states that the account was assigned from Lloyds Bank to 1st Credit (Finance) Limited on 21^st November 2014. I do not recall receiving notice of this assignment.
11. Additionally, on the 23^rd January 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Judge and Priestley LLP, the Claimant's solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
12. Neither Judge and Priestley LLP nor the Claimant have sent any of these documents to me.
13. Further, on the 23/01/2018 I sent a formal request for a copy of the original agreement to 1st Credit (Finance) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
14. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
15. I have asked the Claimant to consider agreeing an extension to the date for me to file my defence, however they have failed to respond. I do not yet have the full information required to plead further as I am currently waiting a response from both the Claimant and from the original credit Lloyds Bank with further details of this alleged debt and reserve my right to amend this defence should it be required. I respectfully request the court orders the claimant pay any costs of such amendment should it be required.
16. In addition, I respectfully request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. It is denied that the Claimant is entitled to the sums as claimed or at all.

[warwick65]

You could just say they have failed to respond

You probably have done already but I would leave a gap between paragraphs - just makes it easier to read

[Martinr67]

Thank you Amethyst and Warwick65.

I have amended my defence as suggested however regarding part 15:

1. I have asked the Claimant to consider agreeing an extension to the date for me to file my defence, however they have failed to respond. I do not yet have the full information required to plead further as I am currently awaiting a response from the Claimant and from the original creditor Lloyds Bank with further details of this alleged debt and reserve my right to amend this defence should it be required. I respectfully request the court orders the claimant pay any costs of such amendment should it be required.

The Claimant has actually responded stating they are requesting a copy of the CCA from the original creditor and they will forward this onto me as soon they are in receipt of the same. They are also instructing J&P LLP not to proceed with the CCJ until the request has been completed.

So technically... I have not yet asked for an extension! They did! Should I adjust my defence to indicate this?

A SAR is going to be in the mail on Saturday or Monday. I was hoping to get this off earlier this week. I shall submit my defence after a bit of further advice on the bit highlighted in red.

Thanks again for the work done.

Martinr67

[Amethyst]

Okay what exactly do they say in the letter?

They are also instructing J&P LLP not to proceed with the CCJ until the request has been completed.

You have asked them to agree to a formal extension in the CPR letter ( unless you removed this bit )

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

[warwick65]

Just a point to note that I am sure you will have seen in other threads. Do not sit back and do nothing because they have said it is on hold, make sure you do get your defence in onetime.

[Martinr67]

Thank you for your replies.

I will be getting my defence in on Monday by recorded delivery. I shall also see if it can be done on line the same way I did the AOS on 19/01/2018.

I just checked the CPR and I have indeed requested an extension if required. Thanks for the 'prod'!

Here is a transcript of 1st Crud letter:

We write further 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.

We would inform you that we have instructed out Solicitors Judge & Priestley LLC with a County Court Judgement against you until the request has been completed.

If you are experiencing financial difficulties we would invite you to see free independent legal advice from on of the companies listed on the reverse of this letter.

If you require further assistance please contact our offices on 01234 567890.

Yours sincerely

Blah blah blah...

SAR going on Monday or Tuesday too. Depends how fast I get a reply from Lloyds as to where to send the SAR.

Thanks again folks. When all this is over, regardless of which way it goes is there a way I can show some appreciation of your efforts? Donate a bit to a fund, charity or anything?

Kind regards

Martinr67

[warwick65]

You should be able to file your defence online or also by email I think
charitynjw knows the mail address I think

[MIKE770]

ccbcdefendants@hmcts.gsi.gov.uk

[Martinr67]

Well folks, my defence was filed on the 7th Feb and I have received a letter from the court stating the following:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for a lifting order on the stay."

So now I suppose I sit back and await the SAR to arrive and the decision of the claimants actions...?

Still bugger all regarding the CPR and CCA but those might still fall through the letterbox tomorrow....

Thanks so far for your guidance, hints and tips.

Martinr67.

[warwick65]

Just a wait and see now. If you filed online you can keep an eye via MCOL as to if they have sent a DQ etc

[Martinr67]

Well folks,

This had arrived last week (I was unaware it was in our mailbox) and I opened it last night - A letter from J&P solicitors:

Dear Sir

Re: Our Client - 1st credit (Finance) Limited

We refer to the above matter and enclose herewith a copy of our client's Notice of Discontinuance for your records, the original of which has today been sent to the Court.

The matter is now concluded and we have filed our papers accordingly.

Blah, blah, blah...

Attached is a sheet addressed to the court that is titled Notice of Discontinuance.

Does this mean it is over?

Cheers, Martin

[MIKE770]

yes = ring the court next week and confirm they have received the discontinuance notice.

[Martinr67]

I will do just that thank you Mike770. I was going to call them anyway on 07/03 as I was unaware of the letter above! Can I take it that no one can chase me for this now?

[warwick65]

Great news. Well done