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**DISCONTINUED** Court Claim - 1st Credit (Finance) Limited / M&S

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  • **DISCONTINUED** Court Claim - 1st Credit (Finance) Limited / M&S

    Received a claim? Yes
    Issue Date: 25-8-2015
    Amount approx:
    Claimant: 1st Credit (Finance) Limited
    Solicitor: Walker Morris LLP
    Original Credit: Marks & Spencers

    Particulars of Claim:
    On **/11/ 1999 the Defendant entered into an agreement for a credit card with the original creditor under Ref No ********* On the **/12/2009 the Defendant defaulted on the agreement with an outstanding balance of 5000. On **/01/2013 the debt was assigned to 1st Credit (Finance) Ltd in the sum of 5000 by the creditor. Statutory Notices of Assignment were sent to the defendant.
    AND THE CLAIMANT CLAIMS
    1. The sum 6000
    2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from **/01/2013 until judgement or sooner payment.
    The claimant claims interest under section 69 of the County Courts Act 1984 at the rate &% a year from **/01/2013 to **/08/2015 on 5000 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.09.


    Stat Barred? Yes

    Have sent: Acknowledged the Claim

    Other Info:
    Received this claim from 1st Credit but thought that this was statute barred as I did some investigating and found the original default notice which was issued **/07/2009 and not as 1st credit have said which is the **/12/2009. I then checked my credit file and they have have lodged a default on my file with an inaccurate default showing **/12/2009.

    Also it is not a credit card as mentioned in the particulars of claim but an account called a personal reserve (if that makes any difference!)

    I had some money problems and could not make any more payments so the last payment and contact was **/04/2009.

    Also 1st Credit state that they had bought the debt in Jan 2013 yet the default registered with the CRA is 1st Credit dated **/12/2009 reading through some of the threads I thought that they had to use the original default notice date!

    Any help would be appreciated in what to do next

    Many thanks in advance

    Tilly
    Tags: None

  • #2
    Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

    Hi and welcome aboard

    Originally posted by tilly2015 View Post
    Stat Barred? Yes

    Have sent: Acknowledged the Claim

    Other Info:
    Received this claim from 1st Credit but thought that this was statute barred as I did some investigating and found the original default notice which was issued **/07/2009 and not as 1st credit have said which is the **/12/2009. I then checked my credit file and they have have lodged a default on my file with an inaccurate default showing **/12/2009.
    Default dates on credit files are not an indicator of SBd status. There was a recent case where the judge decide that the cause of action was when the DN was issued, I disagree but even if that was the case, it would still have been SBd at the time the claim was issued. :whoo:
    Originally posted by tilly2015 View Post
    Also it is not a credit card as mentioned in the particulars of claim but an account called a personal reserve (if that makes any difference!)

    I had some money problems and could not make any more payments so the last payment and contact was **/04/2009.
    You may want to look at this case, where they'd called it an overdraft! :lol: https://consumercreditlitigationandd...lobal-limited/

    Originally posted by tilly2015 View Post
    Also 1st Credit state that they had bought the debt in Jan 2013 yet the default registered with the CRA is 1st Credit dated **/12/2009 reading through some of the threads I thought that they had to use the original default notice date!
    The original default date should remain unchanged when the debt is assigned, however, it wouldn't be the same date the DN is issued. You could argue about the late default, however, it's only got a few months before dropping off anyway and as above, it doesn't do anything to affect SBd status. :thumb:

    Comment


    • #3
      Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

      I believe that case Flaming Parrot was

      BMW Financial Service (GB) Ltd v Hart [2012] EWCA


      That really has no relevance as that agreement contained a specific term in the actual finance agreement where the cause of action was when the agreement was terminated

      That caveat as a contractual term is unique to a BMW finance agreement

      Comment


      • #4
        Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

        Originally posted by tilly2015 View Post
        Any help would be appreciated in what to do next
        Below are the usual steps to take on receipt of a claim:

        1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
        You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

        2: Send A CCA REQUEST to the CLAIMANT ( see here )
        This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.


        3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

        This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)
        Originally posted by tilly2015 View Post
        Received a claim? Yes
        Issue Date: 25-8-2015
        Amount approx:
        Claimant: 1st Credit (Finance) Limited
        Solicitor: Walker Morris LLP
        Original Credit: Marks & Spencers

        Particulars of Claim:
        On **/11/ 1999 the Defendant entered into an agreement for a credit card with the original creditor under Ref No ********* On the **/12/2009 the Defendant defaulted on the agreement with an outstanding balance of 5000. On **/01/2013 the debt was assigned to 1st Credit (Finance) Ltd in the sum of 5000 by the creditor. Statutory Notices of Assignment were sent to the defendant.
        AND THE CLAIMANT CLAIMS
        1. The sum 6000
        2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from **/01/2013 until judgement or sooner payment.
        The claimant claims interest under section 69 of the County Courts Act 1984 at the rate &% a year from **/01/2013 to **/08/2015 on 5000 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.09.
        Based on the above, on the CPR request you can ask for a copy of:
        • The credit agreement
        • The notice of assignment
        • The default notice

        If you never had a credit card, it should be interesting to see what they provide by way of agreement.... :confused2:

        Comment


        • #5
          Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

          Originally posted by judgemental24 View Post
          I believe that case Flaming Parrot was

          BMW Financial Service (GB) Ltd v Hart [2012] EWCA


          That really has no relevance as that agreement contained a specific term
          in the actual finance agreement where the cause of action was when the agreement was terminated

          That caveat as a contractual term is unique to a BMW finance agreement
          That is the case that's actually case law, however I was referring to a recent judgment which I believe, is being appealed, therefore it's not yet case law, so it can't be used as precedent.

          Comment


          • #6
            Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

            So just a county court judgement then??

            So no worries until it, or if it ends up in the appellate court

            Comment


            • #7
              Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

              Originally posted by judgemental24 View Post
              So just a county court judgement then??

              So no worries until it, or if it ends up in the appellate court
              It was a recent county court judgment posted on another site, I've seen mention of a potential appeal, the case has been referred to a solicitor to look into. :decision:

              Comment


              • #8
                Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                Wow thanks for the quick response I will read through everything and get back

                Thanks again

                Tilly

                Comment


                • #9
                  Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                  I'm just doing the CCA and just need to know which account number I should use, the one on the particular of claim which is 0000000xxxxxxxxx or the one on the default notice 0xxxxxxxxx one has seven zeros the other just one zero the xx's are the same number.

                  Thanks
                  Tilly

                  Comment


                  • #10
                    Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                    Originally posted by tilly2015 View Post
                    I'm just doing the CCA and just need to know which account number I should use, the one on the particular of claim which is 0000000xxxxxxxxx or the one on the default notice 0xxxxxxxxx one has seven zeros the other just one zero the xx's are the same number.

                    Thanks
                    Tilly
                    I'd use the one on the default notice.

                    Comment


                    • #11
                      Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                      Many thanks I will get them sent off today

                      Comment


                      • #12
                        Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                        Hi,

                        Just received letter from 1st Credit looks like a standard letter:

                        ================================================== ========

                        Thank you for your recent communication. We are aware that you have raised a dispute/query on the above account.

                        What Happens Next?

                        Whilst we are unaware of any outstanding dispute, we will contact the original creditor in order to request any information they hold relating to a dispute in relation to this account. It may take several weeks for them to gather this information.

                        We will suspend collections activity on this account whilst the matter is under investigation.

                        What Can You Do?

                        Please send us any information you have in relation to your dispute/query; thiscan include

                        * details of what the dispute relates to
                        * copies of any letters from the original creditor relating to your dispute
                        * copies of any letters to the originak creditor

                        Please be assured that 1st Credit Ltd will assist you in resolving any oustanding queries.

                        Should you have any questions or queries please do not hesitate to contact a memmber of our team on .........

                        Yours Sincerely

                        ================================================== ============

                        Very strange they admit they are unaware of any dispute but on the other hand they are taking me to court!

                        Still waiting from the solicitors to reply - What should I do do now?

                        Regards

                        Tilly

                        Comment


                        • #13
                          Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                          Originally posted by tilly2015 View Post
                          Hi,

                          Just received letter from 1st Credit looks like a standard letter:

                          ================================================== ========

                          Thank you for your recent communication. We are aware that you have raised a dispute/query on the above account.

                          What Happens Next?

                          Whilst we are unaware of any outstanding dispute, we will contact the original creditor in order to request any information they hold relating to a dispute in relation to this account. It may take several weeks for them to gather this information.

                          We will suspend collections activity on this account whilst the matter is under investigation.

                          What Can You Do?

                          Please send us any information you have in relation to your dispute/query; thiscan include

                          * details of what the dispute relates to
                          * copies of any letters from the original creditor relating to your dispute
                          * copies of any letters to the originak creditor

                          Please be assured that 1st Credit Ltd will assist you in resolving any oustanding queries.

                          Should you have any questions or queries please do not hesitate to contact a memmber of our team on .........

                          Yours Sincerely

                          ================================================== ============

                          Very strange they admit they are unaware of any dispute but on the other hand they are taking me to court!

                          Still waiting from the solicitors to reply - What should I do do now?
                          That looks like a standard template response to your CCA request. There's no need to chase that one - non-compliance is a bar to enforcement and you'll mention it in your defence.

                          Ignore the bit about the account being "on hold", as they've issued a claim it's not really on hold and you still need to file a defence before your deadline. :typing:

                          Comment


                          • #14
                            Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                            Thanks FP will post up if I get anything from the solicitors.

                            Regards

                            Tilly

                            Comment


                            • #15
                              Re: Court Claim - 1st Credit (Finance) Limited / Marks & Spencers - 25-8-2015

                              Originally posted by tilly2015 View Post
                              Thanks FP will post up if I get anything from the solicitors.
                              You should chase the CPR request from them, they should have replied in 7 days. You may want to say that, as they've not sent you anything, you'd like them to agree to a 28 day extension which is the maximum allowed under CPR 15.5. :thumb: You can do this by email with a chaser over the phone if necessary, to save time. :cell:

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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