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

[nemesis45]

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

@Amethyst @nemesis45

Hi, I trust you're well. Further to my communication with you at the end of September, regarding the topic of this thread, I filed my defence online. A month later I got a cover letter from 1st Credit stating that they enclose a Notice of Change of Legal Representative (from J&P to 1st Credit (finance) Ltd). They also enclosed a further copy of the Notice of Assignment (apparently) sent to me in November 2013 to a previous address and an introductory letter and further Notice of Assignment (apparently) sent to me on in August 2015 to my current address. I can hand on heart say that I have never seem these letters that have been enclosed in the latest correspondence.

Where do I now stand regarding the above in relation to the following point I made in my defence?
"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 .
9. Judge and Priestley LLP has not sent any of these documents to me."

Secondly, as of June or July 2017, would the debt become statute barred by default IF a judgement hasn't been reached or is this now irrelevant as I have acknowledged the claim?

Is there anything else I should take in to consideration at this time ? I am about to file the directions questionnaire. The Claimants DQ says they are willing to go for mediation. How would you advise me to proceed?

Many thanks,
KIwi

Hello Kiwi.

What about the CCA request any response?

Ist Crud taking matters back " in house " has in the past shown that they have no documents to back up the claim.
Acknowledging the claim is not an admission of liability.

At debt must be statute barred on or before a claim is issued, the issue of a claim stops the 6 year clock on the date of issue.

Say yes to the mediation, the court expects the parties to acclaim to attempt resolution without recourse to a hearing, however if you don't have copies of what the claimant want to rely on in court the mediation service will most likely decline the mediation.

nem

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Thanks for the info.

About the CCA, 1st Credit resent me the exact same documents as they did back in Feb; the illegible credit agreement from back in '06, terms and conditions (reconstituted I believe) and statements from the account.

Kiwi

[nemesis45]

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

@nemesis45

Thanks for the info.

About the CCA, 1st Credit resent me the exact same documents as they did back in Feb; the illegible credit agreement from back in '06, terms and conditions (reconstituted I believe) and statements from the account.

Kiwi

Did you post copies here Kiwi?

nem

[Kiwi2016]

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

Hi, yes I have. They're on page 1 of this thread. Your response at the time time was that you don't believe it satisfies the CCA request adequately.

Kiwi

[nemesis45]

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

Hi, yes I have. They're on page 1 of this thread. Your response at the time time was that you don't believe it satisfies the CCA request adequately.

Kiwi

Thanks Kiwi,

Just taken a look again and my opinion is unchanged and I suspect that 1st Crud is fully aware of the lack of merit of the documents.

I have feeling you will be getting " begging " letters soon.

nem

[Kiwi2016]

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

Yes, each of the recent cover letters says we encourage you to get in touch and let's reach a negotiated settlement.

Many thanks for having a look at the docs again for me. Your legal opinion gives me much hope. I have never been through anything like this before and this platform that you run (with such professionalism and integrity) is invaluable to the people of this country. Please keep up your ever-so important work!

I will be in touch when there are further developments.

Kiwi

[nemesis45]

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

Yes, each of the recent cover letters says we encourage you to get in touch and let's reach a negotiated settlement.

Many thanks for having a look at the docs again for me. Your legal opinion gives me much hope. I have never been through anything like this before and this platform that you run (with such professionalism and integrity) is invaluable to the people of this country. Please keep up your ever-so important work!

I will be in touch when there are further developments.

Kiwi

Thank you Kiwi, but I'm just another volunteer on LB the way the site is run is down to the 3 owners and the site team and I sure they will appreciate your thoughts.

nem

[Kiwi2016]

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

@nemesis45

Hi Nem, about the above posts going back to the end of Nov - I have recently received a "Notice of Allocation to the Small Claims Track (Hearing)" letter from the Magistrates court and I have also received a letter from 1st Credit Limited (legal department). I'd be grateful for your input on a few things.
1. The hearing date was been set for the end of Feb - it's possible I may not be able to attend the hearing. How do you think this will prejudice my defence (after having submitted it in writing)?
2. Directions state "Parties serve and file copy documents by 4pm on XXth February 2017". What would this be in reference to (as I've already filed my defence based on the previous deadline)? Is this a final opportunity to file anything new in addition to what's already been submitted?
3. 1st Credit have stated in their letter that if I file anything to the court I must send it to them too. I am obliged to do so?
4. 1st Credit have enclosed (for the first time) a so-called copy of the default notice with the recent letter. Does the fact that they have sent it so late in the process give any leverage in my defence?
5. 1st Credit have also included an offer in the same letter. However I see it as tokenism, as they are suggesting the full amount outstanding to be paid in a matter of days. Alternatively they say that I can pay in instalments but that the amount would reflect interest and fees, etc (adding £1k to the initial amount).

As the case seems to be drawing near to a conclusion and it's been sometime since I sought your opinion; can you tell me where you think my case stands in terms of success rate (based on our posts from the outset and recent correspondence mentioned in this post).

I'd like to add that, there are other debts that are owed, I am currently out of employment, I have no savings or assets and my monthly expenditure exceeds my monthly income from the limited benefits I am entitled to - in any case even if the decision were to be in favour of the claimant, there is no way I could afford to pay them more than say £1 a month (if that). Based on my circumstances and the in's and out of this particular case, do you think 1st credit can be brought to their senses and stop wasting both their time and resources, as well as the courts? If so, what do you suggest I do?

I'd eagerly look forward to hearing back from and trust that you are well.
Many thanks,
Kiwi

[nemesis45]

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

Hello Kiwi,

The paperwork will have come from the Count Court not a magistrates.

1.The directions you have received refer to your witness statement having to be sent to the court no later than 14 days prior to a hearing.
Not attending the hearing will give the claimant free hand and the judge will have to rely on your defence and witness statement on the day.
The default notice is not going to help them without an agreement.

Prepare an Income and Expenditure statement, then if necessary you can produce it if it comes out that you have to pay by installments the court can see what you can reasonably afford to pay which maybe only £1 per month.

Can you please post a copy of the DN here and anything else that 1st Credit has sent you.

Also take a look at the witness statement template in the green box above.

nem

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Thanks for the swift response Nem. Apologies for my ignorance with some of this. This is the first time I'm having to defend myself in court proceedings.

I recall the court asking on a form if there were any dates I would NOT be available for the hearing and I as far as I can remember I distinctly mentioned the month of Feb. It may be that I'm not able to be there. Are there any provisions I can exploit to delay the hearing without it prejudicing my defence? I am hoping that based on the defence I submitted, the documents 1st Credit have provided and the witness statement to be submitted that your opinion back in Nov stating ["Just taken a look again and my opinion is unchanged and I suspect that 1st Crud is fully aware of the lack of merit of the documents. I have feeling you will be getting " begging " letters soon. nem] results in the claimant not standing a chance. What is of some concern is that I never got any ''begging'' letters and a month before the hearing it seems like they are intent on pursuing (even though their paperwork is far from satisfactory).

I have had a look at the witness statement templates and have a better understanding of what they are about; however, I'm unsure what details to include n my statement. Would you say the bullet points I mention in my first post in this thread would be adequate or is there more that can be added? Do I need to submit the so-called evidence (credit agreement, DN) myself to the court?

I'm attaching what I recently received from 1st Credit here. The other doc's (reconstituted credit agreement, etc) are on the first page of this thread for your perusal.

I have prepared an income and expenditure statement with the help of the debt charity Step change.

Looking forward to your response.
Thanks,
Kiwi

PS. there are 2 further attachments part of the same batch of doc's in the next post.

[Kiwi2016]

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

the final 2 pages are attached here

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

Hi Nem, I hope you had a good weekend. Have you had the opportunity to study the above?

Regards,
Kiwi

[Kiwi2016]

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

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

Hi, would be possible to get some feedback on my recent posts regarding my case please, I have a limited amount of time to file my witness statement and the case hearing is approaching too.
Many thanks, Kiwi.

[nemesis45]

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

@nemesis45 @Amethyst

Hi, would be possible to get some feedback on my recent posts regarding my case please, I have a limited amount of time to file my witness statement and the case hearing is approaching too.
Many thanks, Kiwi.

Hello Kiwi,

Sorry for the delay in replying I was called away yesterday and have just got back.

My opinion is unchanged the docs provided do not meet the requirements of the CCA request and the debt is unenforceable.

nem

[Kiwi2016]

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

[MENTION=55034]nemesis45[/MENTION]

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