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

[Berniethebolt]

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

I think you should get an automatic acknowledgement

[tilly2015]

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

I think you should get an automatic acknowledgement

Thanks Berniethebolt,

I haven't received an acknowledgement for my email so I have resent it just in case they didn't get it first time!

Tilly

[tilly2015]

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

Hi,

Still no acknowledgement from the court after sending email again also nothing has changed on-line.
Reading on the court website they are having problems with their telephone and asking people to use email.

I will try and fax it over tomorrow just in case they are having problems with their emails!

Tilly

[FlamingParrot]

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

Hi Tilly

Don't stress, the courts always have a backlog of cases to process.

[tilly2015]

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

Thanks FP for your assurance, I just got a bit worried that the filing date is looming.

I am just going through the defence and have a few queries that I need to clarify once I completed this I will post them up.

Regards

Tilly

[nemesis45]

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

The e-mail should have an auto receipt I think may be wise to send again just in case of any problems.

nem

[tilly2015]

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

Thanks nem I faxed as well just in case and got a fax confirmation

[nemesis45]

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

Thanks nem I faxed as well just in case and got a fax confirmation

That's good tilly let us know how this works out please.

nem

[tilly2015]

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

HI,
I am going through the defence and have a few points I would like to your thoughts on.

1: I received the claim xxxxxxx from the Northampton County Court Business Centre dated xxxx August 2015.

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 regulated under the Consumer Credit Act 1974.

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 correct date of any alleged Default or any detail how the sum claimed has been calculated.

5. The debt is statute barred under the Limitation Act 1980 Section 5 in that the last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. The claim is denied. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court.

6. The Claimants statement of case states that the account was assigned from Marks & Spencer to 1st Credit on xxxx. The Defendant does not recall receiving notice of this assignment.

7. 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 xxxxxxx and gives a remedy date of before xxxxxx 2009.

8: On the 2nd September 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Walker Morris LLP. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. Walker Morris LLP has failed to comply to this request within the required time scale of 7 days from receipt of my letter as stated in CPR 31.In fact they stated in an email to me that they do not have the documents.

10. On the 2nd September 2015 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.

11. 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. The Claimant did not produce the document within the required time scale of 12 workings from date of my letter. In fact they state in a letter dated 7th September 2015 that they do not have the documents and need to contact the original creditor.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I 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. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants to bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

15. Due to points 1 to 14 (Statute barred, no documents and a defective default notice) I wish the court to strike out this claim.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. .........

Point 1:
In Section 4 it says
The particulars of claim fail to state when the agreement was entered into,
But they actually have put a date so is this sentence correct to use?

Point 2:
I have added more to section 5 is this ok?
It just had this:
5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

Point 3:
In section 9 I have added this sentence is this ok?
In fact they stated in an email to me that they do not have the documents

Point 4:
In section 11: have added this sentence is this ok?
The Claimant did not produce the documentwithin the required time scale of 12 workings from date of my letter. In fact they state in a letter dated 7th September 2015 that they do not have the documents and need to contact the original creditor.

Point 5:
In section 14 not sure what this means?

Point 6:
I have added section 15 is this ok?
The Claimant did not produce the document within the required time scale of 12 workings from date of my letter. In fact they state in a letter dated 7th September 2015 that they do not have the documents and need to contact the original creditor.

Your guidance and help is very much appreciated

Regards

Tilly

[FlamingParrot]

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

HI,
I am going through the defence and have a few points I would like to your thoughts on.

Hi tilly

From posts above, I was under the impression you had already filed your defence. :noidea:

Point 1:
In Section 4 it says
The particulars of claim fail to state when the agreement was entered into,
But they actually have put a date so is this sentence correct to use?

The example defences are just that, generic examples rather than templates as such. For that reason they need to be amended to suit. In many cases the particulars don't say when the agreement was entered into, if they do then you'd take that part out.

Point 2:
I have added more to section 5 is this ok?
It just had this:
5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

That's fine, makes the point.

Point 3:
In section 9 I have added this sentence is this ok?
In fact they stated in an email to me that they do not have the documents

Yes, as above, it's an example and you need to add or remove relevant bits. :thumb:

Point 4:
In section 11: have added this sentence is this ok?
The Claimant did not produce the documentwithin the required time scale of 12 workings from date of my letter. In fact they state in a letter dated 7th September 2015 that they do not have the documents and need to contact the original creditor.

It would be 12 working days plus two allowed for service. Bear in mind the account is only unenforceable for as long as they don't supply the documents, once (IF) they do, then the documents have to be assessed on their own merits, in other words, just because they didn't comply within the timescales, it doesn't mean the account would be unenforceable forever just for that reason.

Point 5:
In section 14 not sure what this means?

As you are defending the whole claim, basically that they are not entitled to anything.

Point 6:
I have added section 15 is this ok?
The Claimant did not produce the document within the required time scale of 12 workings from date of my letter. In fact they state in a letter dated 7th September 2015 that they do not have the documents and need to contact the original creditor.

Not sure that's what you said as you have something different as point 15.

Your guidance and help is very much appreciated

If you already filed your defence there isn't much that can be done at this stage, there are a few bits as noted above but nothing major. You've made the necessary points and that's what counts. Now you just have to wait till you hear from the court if they wish to proceed. If you don't hear anything in the next month then you need to check with the court as when claims get stayed you are not informed. :ranger:

[tilly2015]

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

Hi FP,

Thanks for getting back, I did not file the defence (sorry for any confusion!) The posts above were regarding the 28 day extension and not getting any confirmation back from the court!

Sorry about point 6: I made a mistake!

I wanted to know if it was ok to add this

15. Due to points 1 to 14 (Statute barred no documents and a defective default notice) I wish the court to strike out this claim.

Thanks again for your help and guidance

Regards

Tilly

[tilly2015]

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

Hi,

Just to update I have filed my defence last night so I guess it is now a waiting game I will get back if I hear anything else

Many thanks to FP and everyone else for your help.

Regards

Tilly

[FlamingParrot]

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

Hi,

Just to update I have filed my defence last night so I guess it is now a waiting game I will get back if I hear anything else

Many thanks to FP and everyone else for your help.

Regards

Tilly

Hi Tilly

Sorry I didn't reply earlier, was out all day.

As you probably know, they have 28 days from the day they receive it (not from today), to respond to your defence, or the case will be stayed; you won't be informed if that's the case though. :ranger: If they decide to proceed you'll hear from the court. Some claimants may send letters offering settlement.

Do keep us posted if you hear anything. :typing:

If you don't hear anything by the beginning of November or so, do check with the court if the case is stayed. hone:

[tilly2015]

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

Thanks FP will keep you informed if I hear anything.

Best regards and many thanks for your assistance

Tilly

[tilly2015]

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

Hi,

Received a letter from 1st Credit Limited :

In the letter it has a court form Notice of Change of Legal Representative and also a copy of the assignment from M&S to 1st Credit.

The letter says:

We enclose a Notice of Change of Legal Representative by way of service upon you. Please ensure all correspondence is sent to us.

We also enclose the notices of assignment dated 23/03/2015 confirming that the debt was assigned from M&S to 1st Credit (Finance) 4 Limited then subsequently to the claimant.

In relation to your defence we are currently undertaking a review of the assertions made by you. In particular you refer to the default notice. Please send evidence in support.

Please note that we are required to notify the court by 31/10/2015 of our instruction to proceed. We look forward to hearing from you.

-----------------------------------------

I have still not received a copy of the credit agreement and a copy of the default notice dated 4.12.09 which are in their particulars of claim which I requested on 2.9.15 to their solicitor under CPR 31.14. Does this mean that I now need to send another letter requesting these documents as they have changed their legal representation back to themselves?

I do not feel comfortable sending them what I have (original default notice) when I haven't seen any documents from them. Do I have to legally send them what they have requested in their letter?

Thanks

Tilly