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

[nemesis45]

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

I see at least two flaws here, first is that if the DN was issued in July the account is SB , if you argue it's an overdraft then they could have begun proceedings 18 days after the DN was issued so to me that would have been the latest COA. However the POC state it is a credit card, they can not mid hearing suddenly say oops it's not a credit card.

Final point is PT has won an almost identical case so if you lost one Nem maybe you should have sought the help of a professional.

Do do you act as a MF or are you licensed ?

I realise you are internet pest of the first order, and understand very little outside your on tiny microcosm of existence.
The "points" you make are already know but as usual you choose to but in regardless.

[FlamingParrot]

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

With regards to the default notice, s.88 of the CCA states that a DN should allow AT LEAST 14 days from the date of service to remedy the breach: http://www.legislation.gov.uk/ukpga/1974/39/section/88

(2) A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed.

If it doesn't allow 14 days then the DN is defective. :thumb:

[FlamingParrot]

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

Even though SBd is an absolute defence and there's every indication this is the case here, as they say, "every little helps" and it's always good to have a PlanB so to speak. If you are in possession of a defective DN then you'd say so in your defence instead of:

7. It is denied that xxxxxxxx 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 the Defendant.

You'd say something like:
It is denied that the Claimant served a Default Notice that complied with s88 of the Consumer Credit Act. The Default Notice did not comply with s88(2) of the Act because it specified a date for remedying the breach that was less than 14 days after the date of service of the Default Notice, in fact it was less than 14 days after the issue date of the Notice. The Default Notice is dated xxth July 2009 and gives a remedy date of before xxth August 2009. :thumb:

[tilly2015]

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

Thanks FP,

I will change section 7 do you think the rest of the proposed defence is ok or do I need to add anything else!

Regards

Tilly

[FlamingParrot]

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

Thanks FP,

I will change section 7 do you think the rest of the proposed defence is ok or do I need to add anything else!

Just this bit, you need to take out the bit about "the date of any alleged Default" because the particulars do give a default date, even if it was only taken from credit records. Otherwise I think you've got everything in place. :thumb:

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

[tilly2015]

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

Thanks FP,

I will send defence off sometime tomorrow

Best regards

Tilly

[tilly2015]

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

Hi FP,

Just received email from solicitors stating:

Dear Mrs xxxxxxxx

lst Credit (Finance} Limited v xxxxxxxxxxx
We refer to the above matter and your recent correspondence.
We have requested the documents from the original creditor and are awaiting these to be sent out to us.
Upon receipt of the documents our client have agreed to the 28 day extension In order for you to file your defence. The documents will be sent to you as soon as we have received them.
We trust that this is satisfactory. Kind regards


Not signed


I have not sent off the defence yet just wanted to make sure if there is anything else to add or not!

Regards

Tilly

[FlamingParrot]

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

Hi FP,

Just received email from solicitors stating:

Dear Mrs xxxxxxxx

lst Credit (Finance} Limited v xxxxxxxxxxx
We refer to the above matter and your recent correspondence.
We have requested the documents from the original creditor and are awaiting these to be sent out to us.
Upon receipt of the documents our client have agreed to the 28 day extension In order for you to file your defence. The documents will be sent to you as soon as we have received them.
We trust that this is satisfactory. Kind regards

Not signed

I have not sent off the defence yet just wanted to make sure if there is anything else to add or not!

That means you don't have to file your defence just yet, :grin: as long as you forward the email above to the court to inform them of the extension in accordance with CPR 15.5, you have 28 extra days to file your defence on top of your previous deadline. :typing:

[FlamingParrot]

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

You need to forward that email to: ccbcdefendants@hmcts.gsi.gov.uk

Subject field: lst Credit (Finance} Limited -v- Tilly - Claim No. xxxxxx - EXTENSION OF TIME FOR FILING DEFENCE

[Berniethebolt]

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

That should be good news, lets just hope they can not find what they are looking for although a credit card agreement should be impossible to find from what you have said.

I think it was PT2537 who suggested, when they produced the wrong type of agreement to wait until the court date and then innocently say " But Sir, they have claim.ed it was a credit card/with Opus or whatever and they sent me this which is from Citi/ not a card agreement

Kinda puts them on the back foot

[tilly2015]

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

Thanks FP,

I will send off the email to the court now.

Thanks Berniethebolt I hope they can't find the agreement too!

So 1st Credit and their solicitors have admitted they don't have any documents and yet they take you to court! Just a thought is there anything we can do regarding this?

Also reading the email I got today from the solicitors it says "upon receipt of the documents our client have agreed to the 28 day extension in order for you to file your defence"

Does that mean that the extension starts from when they get the documents or is there a time limit that they have other wise it could go on and on!

Thanks again

Tilly

[nemesis45]

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

When you receive the documents. You then have the agreed extension to file.
nem

[FlamingParrot]

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

Thanks FP,

I will send off the email to the court now.

Thanks Berniethebolt I hope they can't find the agreement too!

So 1st Credit and their solicitors have admitted they don't have any documents and yet they take you to court! Just a thought is there anything we can do regarding this?

Not much, other than turn this fact to your advantage and use it in your defence. :thumb:

One thing to bear in mind is that over 75% of money claims end in default judgment where the defendant just does not respond, so claims are issued speculatively hoping for that easy outcome without the need to prove anything. :mad2: :mad2: :mad2:

Also reading the email I got today from the solicitors it says "upon receipt of the documents our client have agreed to the 28 day extension in order for you to file your defence"

Does that mean that the extension starts from when they get the documents or is there a time limit that they have other wise it could go on and on!

The 28 days start to run from your previous deadline, i.e. you had 33 days from date printed on claim, you add 28 days so you now have 61 days from that date.

Under CPR 15.5 the maximum extension allowed is 28 days, it can't go on indefinitely. :thumb:

[tilly2015]

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

Thanks FP for the confirmation about the extension

[tilly2015]

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

Hi,

I have sent off the email to the court will the court send an acknowledgement that they have received it or is there a way I can check on line?

Regards

Tilly