**CASE DISMISSED** HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[MENTION=55034]nemesis45[/MENTION]

Hi there Nem, have you had the opportunity to have a study of the thread ? I'm a little concerned with what to do with the claim form, as the days are ticking by. Looking forward to hearing back from you. Many thanks

[nemesis45]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

@nemesis45

Hi there Nem, have you had the opportunity to have a study of the thread ? I'm a little concerned with what to do with the claim form, as the days are ticking by. Looking forward to hearing back from you. Many thanks

Hello Kiwi,

Certainly the recon is not easily legible as you say in two key parts.

What is the date of issue on the N1 claim form?
For clarification:

Acknowledged Service?
Intention to defend.?
Copies of an app form and a credit agreement, parts of which are not easily legible?
CPR 31.14 request sent to Judge & Priestly?

nem

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[MENTION=55034]nemesis45[/MENTION]

Thanks for the swift response.
The Date of issue on the N1 claim form is the 24th of August.

I haven't done anything since other than refer to this forum for advice on the best course of action.

Kiwi

[nemesis45]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

@nemesis45

Thanks for the swift response.
The Date of issue on the N1 claim form is the 24th of August.

I haven't done anything since other than refer to this forum for advice on the best course of action.

Kiwi

You must acknowledge service of the claim now you only have 14 days from the date of issue. Acknowledge online at the Money Claim Online site, state intention to defend in full, but Do Not enter any defence at this stage. You will then have a further 14 days to submit a defence.

Instructions are on the claim form, make careful note of your password.
nem

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[MENTION=55034]nemesis45[/MENTION]

Hi, thanks. I have acknowledged service of claim online, as you advised. What do you suggest my next step should be ?

[nemesis45]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

@nemesis45

Hi, thanks. I have acknowledged service of claim online, as you advised. What do you suggest my next step should be ?

you now have 28 days from the issue date on the claim form to compose and file your defence
Take a look at the specimen defences in the green box on the main forum page, look for one similar to your situation it will give you a good idea of format and content try making a draft post here and we can go through it with you.

nem

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

thanks. I look forward to doing just that ! I'll be in touch in the coming days. Appreciate your assistance so far. Enjoy the rest of your day

[nemesis45]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

Thank you.

When you are ready tag [MENTION=55034]nemesis45[/MENTION] and I will pick up the thread.

nem

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[MENTION=55034]nemesis45[/MENTION]

Hi Nem, I can't seem to find the green box on the main forum page with specimen cases that you mentioned. Could please direct me to the right place by messaging me a direct url link, I would greatly appreciate it. Many thanks. Kiwi

[Amethyst]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

It's at the top of this forum - http://legalbeagles.info/forums/foru...-a-Court-Claim

As you have a court claim I'll move your thread to that forum anyway xx

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[MENTION=6]Amethyst[/MENTION]

Hi Amethyst,

thanks for the response. I am confused as to how to proceed with building my case and I only have until this Thursday to file my defence. I am hoping you can assist and have a study of this thread.

From the example defence I have the following so far;

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into an agreement with the Original Creditor for provision of credit.


5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


6. The Claimants statement of case states that the account was assigned from the Original Creditor to 1st Credit Limited on 18/11/13. The Defendant does not recall receiving notice of this assignment.


7. It is denied that the Original Creditor 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.


8: On 30/11/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge and Priestley LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment
I sent this by email and can not find it in my sent messages. Neither did J&P acknowledge receipt.


9. Judge and Priestley LLP has not sent any of these documents to me.


10. On the 30/11/15 I sent a formal request for a copy of the original agreement to 1st Credit Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
I sent this by email and received written confirmation of receipt 2.5 months later (although I have the CCA from then as a word doc, I can not find the original sent message in my outbox).



11. The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


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.


14. 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 bear the costs of the amendment.


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


Statement of Truth


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






Signed …………………………………………


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

I feel overwhelmed as to how to best articulate the issues discussed in this thread.

Please help !

Kiwi

[Kiwi2016]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

Hi there, any chance of getting your input regarding the above ? I have today to compose my case and file it by tomorrow. Your assistance would be greatly appreciated.

[nemesis45]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

@Amethyst @nemesis45

Hi there, any chance of getting your input regarding the above ? I have today to compose my case and file it by tomorrow. Your assistance would be greatly appreciated.

Reading now Kiwi.

nem

[Amethyst]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

Hi Kiwi,

Looking good so far.

10. On the 30/11/15 I sent a formal request for a copy of the original agreement to 1st Credit Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
I sent this by email and received written confirmation of receipt 2.5 months later (although I have the CCA from then as a word doc, I can not find the original sent message in my outbox).

How did you pay the £1 and did their reply letter state they had accepted your request ?

[nemesis45]

Re: HALIFAX CREDIT CARD & 1st CREDIT (FINANCE) LTD

@Amethyst

Hi Amethyst,

thanks for the response. I am confused as to how to proceed with building my case and I only have until this Thursday to file my defence. I am hoping you can assist and have a study of this thread.

From the example defence I have the following so far;

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim] Name of court as on N1 claim form and the date You Received the claim.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into an agreement with the Original Creditor for provision of credit. Name of Original Creaditor

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


6. The Claimants statement of case states that the account was assigned from the Original Creditor to 1st Credit Limited on 18/11/13. The Defendant does not recall receiving notice of this assignment.


7. It is denied that the Original Creditor 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.


8: On 30/11/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge and Priestley LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment
Leave as is.

9. Judge and Priestley LLP has not sent any of these documents to me.


10. On the 30/11/15 I sent a formal request for a copy of the original agreement to 1st Credit Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
I sent this by email and received written confirmation of receipt 2.5 months later (although I have the CCA from then as a word doc, I can not find the original sent message in my outbox). Non compliance ??



11. The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


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.


14. 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 bear the costs of the amendment.


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


Statement of Truth


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






Signed …………………………………………


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

I feel overwhelmed as to how to best articulate the issues discussed in this thread.

Please help !

Kiwi

Hello Kiwi,

If the claimant has not complied with the CCA request the alleged debt is unenforceable. If you have no other defence then the above is complete.

nem