1st credit (finance)

[Maccie]

Just saying hi.

[nemesis45]

Re: 1st credit (finance)

Just saying hi.

Hi Welcome to LB,

How can we help with 1st Credit?

nem

[Maccie]

Re: 1st credit (finance)

[QUOTE=nemesis45;528026]Hi Welcome to LB,

How can we help with 1st Credit?


I received a form from Northampton CC re debt for £2500 which 1st credit say has been assigned to them. No details of original creditor were provided.I am presuming is for barclaycard bill. I have acknowledged receipt on line & submitted defence that I am unable to defend as insufficient details provided. Issued CCA to Barclaycard requesting copy of original agreement & CPR request to 1st credit requesting copies of agreement and assignment. I received acknowledgement from Barclaycard on 10 feb but no agreement yet & nothing from 1st credit. I have received letter from CC saying 1st credit may contact me within 28 days to attempt settlement but nothing received from them as yet. 28 days is up on 17th march. What should I do now? Is it now likely it will go to court?If so Do they have to provide requested docs? I did not receive any letter telling me 1st credit to act on Barclaycards behalf. I have received letters form 1st credit requesting I contact them which I ignored as do not know what authority they had to do this. I have a letter from Barclaycard dated mid Dec 2014 advising me to deal with 1st credit but nothing prior to this. My defence is that they have not acted according to the law and provided me with enough information to enable me to come to agreement. I have been unable to keep up repayments on this and another card due to cost of living rise and petrol increases which have put me in a position where I was struggling to pay everything. Also Barclaycard and Capitol one increased my APR from very low-9%- to very high-29.9% & 34.9% I think. I have not had a payrise for 6 years and have to travel 55 miles a day to and from work and am a disabled person who cannot walk very well and has to rely on my car. This is really stressing me out.:tinysmile_cry_t:

[FlamingParrot]

Re: 1st credit (finance)

Once you submit a defence, the court sends a copy to the claimant who will then have 28 days to respond saying whether they wish to proceed with the claim. If they fail to respond the claim will be stayed. If they decide to proceed, you will be notified of their intention to go ahead and then you will receive a directions questionnaire stating allocation to small claims track. Once you return it, the court will give directions to both sides, these directions will include the disclosure of documents.

Is there any chance of copying or typing up your defence?

When did you take out the Barclaycard? When did you last make a payment?

[nemesis45]

Re: 1st credit (finance)

Your CCA request should have gone to 1st Credit, it would be a good idea to repeat the request to them now.
I suspect 1st Credit has bought the debt and is not acting on behalf of Barclays, can you check this please?
When did payments cease exactly?

nem

[Maccie]

Re: 1st credit (finance)

[QUOTE=FlamingParrot;529146]Once you submit a defence, the court sends a copy to the claimant who will then have 28 days to respond saying whether they wish to proceed with the claim. If they fail to respond the claim will be stayed. If they decide to proceed, you will be notified of their intention to go ahead and then you will receive a directions questionnaire stating allocation to small claims track. Once you return it, the court will give directions to both sides, these directions will include the disclosure of documents.

Is there any chance of copying or typing up your defence?

When did you take out the Barclaycard? When did you last make a payment?
The Barclaycard was taken out around 2005 & the last payment made was jan 2014
My defence is below:

Claimant 1st Credit(Finance|)Ltd

Defendant ------

1: I received the claim Number ------ from the Northampton
County Court on 21 January 2015.

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

5: The particulars of claim fail to state whom the agreement was
entered into with.

6: The Claimants statement of case states that the account was
assigned from the Original Creditor to Claimant on 22 August 2014.
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 the 3 February 2015 I sent a request for inspection of
documents mentioned in the claimants statement of case under Civil
Procedure Rule 31.14 to Claimant. I requested the Claimant provide
copies of the Agreement, Default Notice and Notice of Assignment.

9: Claimant has not sent any of these documents to me.

10: On the 3 February 2015 I sent a formal request for a copy of
the original agreement to Claimant 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.

12: I have asked the Claimant if we may agree to extend the time
period allowed for filing of my defence pending receipt of
documents as allowed under CPR 15.5, but they have not responded.

13. 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.

14. 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.

15. 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
16 February 2015.............................................. ..
....


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



Additional Details

[nemesis45]

Re: 1st credit (finance)

That's fine.
nem

[Maccie]

Re: 1st credit (finance)

I have not received any further docs from court. Date for 1st Direct to respond was 17 march. I have checked on court webpage and there is no further update since court wrote to me advising 1st direct had 30 days to respond to my above defence. I have also not received requested docs from 1st direct. How long does it normally take the court to make a decision whether case to be heard or to stay?:tinysmile_hmm_t2:

[nemesis45]

Re: 1st credit (finance)

Any such decision will be taken if 1st Credit has not filed by the time the 30 day time scale has expired.
If the agreement has not been produced than the debt remains unenforceable until it is.
You will Not be informed that the claim is stayed, you will need to phone the court from time to time to find out the status of the claim.

nem

[Maccie]

Re: 1st credit (finance)

Any such decision will be taken if 1st Credit has not filed by the time the 30 day time scale has expired.
If the agreement has not been produced than the debt remains unenforceable until it is.
You will Not be informed that the claim is stayed, you will need to phone the court from time to time to find out the status of the claim.

nem

Thanks for your help, it is very much appreciated.:tinysmile_hmm_t2: