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

[nemesis45]

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

@nemesis45

Thanks for getting back to me nem. Will I need to explain at hearing how the docs do not meet the CCA requirement?
On the 'Allocation' letter from court, under directions it states; "Parties serve and file copy documents by xxPM, xxFebruary 2017". Is this referring to the closung date of submission of witness statements and/or anything else?
Thanks, KIWI

Hello Kiwi
This will go into your witness statement and evidence bundle to be submitted no later the xxFeb 2017 as stated on court letter.

The docs are it seem intended to be a "reconstituted agreement" but they lack 2 distinct sets of T's & C's one relevant when the account was opened and those relevant at closure, + any other documents mention it the t's & c's it must also have your name and address as it was when the account was opened.
When is the WS actually due if you don't want to post on the open forum PM me so we know how much time we have to get the WS etc together.

nem

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Hi, I've just tried to pm. It's the first time I have pm'd anyone on this site, do let me know if it hasn't been received. Regards, Kiwi.

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Please see attached, thanks.

[nemesis45]

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

@nemesis45

Please see attached, thanks.

Hello Kiwi,
Recap:
The date referred to in your PM when document were sent are they saying that the document were sent to an address to which you had not yet moved?

Also the one off payment mentioned did you make it?

The name and address on the t's & C's at the time the account was opened, is it correct?

nem

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

I trust you're well. I had the court hearing on Wednesday and the Judge dismissed the case. The illegible paperwork provided by the Claimant was not acceptable and the fact that there was no copy for the record of the default notice led to the cases dismissal.

Thanks for all your invaluable help and guidance throughout the whole process.

Regards, Kiwi 😊

[Amethyst]

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

Congratulations Kiwi, well done for getting your case across to the Judge successfully.

Tagging [MENTION=55034]nemesis45[/MENTION]

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Hi there Nem, I just noticed that although I've had the above case dismissed in court at the end of Feb, my credit file is still showing 1st credit as a lender. The figure seems to reflect the amount they attempted to claim in court. How would I go about getting the matter removed from my credit file, based on the Judge dismissing the case?

Regards,
Kiwi

[nemesis45]

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

@nemesis45

Hi there Nem, I just noticed that although I've had the above case dismissed in court at the end of Feb, my credit file is still showing 1st credit as a lender. The figure seems to reflect the amount they attempted to claim in court. How would I go about getting the matter removed from my credit file, based on the Judge dismissing the case?

Regards,
Kiwi

Hello Kiwi,

Unfortunately the alleged debt still exists it's just not enforceable in court.
What were the judges reasons for dismissing the claim?

nem

[Kiwi2016]

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

Hi, the judge said that the paperwork the claimant presented was illegible and that the claimant had not presented the default notice that was allegedly served. Regards, Kiwi

[Diana M]

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

although I've had the above case dismissed in court at the end of Feb, my credit file is still showing 1st credit as a lender. . . . . . How would I go about getting the matter removed from my credit file, based on the Judge dismissing the case?

The Default will stay on your CRA file for six years after it was applied. Then the whole file vanishes from sight

How soon will that be?

Di

[Kiwi2016]

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

[MENTION=87380]Diana M[/MENTION]

That's fantastic news. The 6 year mark should be up within the next 4-6 weeks Thanks for the swift response.

Regards,
Kiwi