Judge & Priestley / 1st Credit Court Proceedings Threat

[247blue]

Afternoon All, I hope you can help me.. :tinysmile_twink_t2:

I've recieved a letter from Judge & Priestley relating to a 1st Credit assigned debt. The letter (attached) advises that if payment is not recieved their client may issue court proceedings.

I have previously sent two complaints to 1st credit due to their continued pursuit of a debt and their failure to respond to my request to supply a true copy of the original consumer credit agreement. 1st credits last response in September advised that they had sent a true copy of the agreement in 2012 however when I review the copy they sent through it is a CitiFinancial agreement with my name and address on the front but no signature etc on it.

In recent months 1st credit had sent through numerous full and final offers, some as low as £750 when the debt is £2,500 and my assumption was they hadn't got the legal right to pursue hence they had sent the low offers of settlement. I cannot afford to pay the debt and I don't want it to go to court.

I need to make the decision whether to send across an offer of payment or stand firm on the basis that their case is somehow flawed.

Can you help please?

Many thanks

[247blue]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

Anyone?

[247blue]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

Hi there, is anyone able to help? I'm required to respond promptly to Judge & Priestley so it would be much appreciated

Thanks

[Kati]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

[MENTION=55034]nemesis45[/MENTION]?? Any advice for 247??

[nemesis45]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

Hi there, is anyone able to help? I'm required to respond promptly to Judge & Priestley so it would be much appreciated

Thanks

I'm confused here what application has been dismissed?
A hearing is set so a claim has been issued.
What was the original debt?
Was it a Citi accounts later taken over by another provider?
It sounds as if you were previously provided with a reconstituted
agreement, i.e. The Terms and Conditions relevant when the account
was opened. There should also be T's & C's relevant when the account
was closed. Any material amendments during the life of the agreement
should also be provided.

A reconstituted agreement MAY satisfy the CCA request but it's enforceability
will be decided by a judge based " on the balance of probabilities.

nem
was opened with your name and address as it was when the account

[nemesis45]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

@nemesis45?? Any advice for 247??

Hello Kati, replied to 247 at 1152 hrs. Looks like he/she has two threads
on the same subject:tinysmile_cry_t: nemxx

[247blue]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

Hi there,

Apologies as I didn't think I'd started in 2 threads, re your response

I'm confused here what application has been dismissed? - no application yet

A hearing is set so a claim has been issued - no hearing yet, just the threat of action as per the attached letter on the original post

What was the original debt? - £2.5K

Was it a Citi accounts later taken over by another provider? - Yes, Opus and then 1 other from memory (paperwork is at home!)

It sounds as if you were previously provided with a reconstituted
agreement, i.e. The Terms and Conditions relevant when the account
was opened. There should also be T's & C's relevant when the account
was closed - Pretty sure I didn't recieve any of this

Any material amendments during the life of the agreement
should also be provided.

A reconstituted agreement MAY satisfy the CCA request but it's enforceability
will be decided by a judge based " on the balance of probabilities.

nem
was opened with your name and address as it was when the account - don't understand this part?

How should I proceed with J&P?

[nemesis45]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

Hi there,

Apologies as I didn't think I'd started in 2 threads, re your response

I'm confused here what application has been dismissed? - no application yet

A hearing is set so a claim has been issued - no hearing yet, just the threat of action as per the attached letter on the original post

What was the original debt? - £2.5K

Was it a Citi accounts later taken over by another provider? - Yes, Opus and then 1 other from memory (paperwork is at home!)

It sounds as if you were previously provided with a reconstituted
agreement, i.e. The Terms and Conditions relevant when the account
was opened. There should also be T's & C's relevant when the account
was closed - Pretty sure I didn't recieve any of this

Any material amendments during the life of the agreement
should also be provided.

A reconstituted agreement MAY satisfy the CCA request but it's enforceability
will be decided by a judge based " on the balance of probabilities.

nem
was opened with your name and address as it was when the account - don't understand this part?

How should I proceed with J&P?

You have been provided with a " reconstituted " agreement this must show
your name and address as it was when the account was opened. (Citi agreement)
No signatures are needed. Is this what you have.

If you can answer this I will know what to suggest.

nem

There should also have been sent an OPUS set of Ts & Cs. (no name and address)

[247blue]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

You have been provided with a " reconstituted " agreement this must show
your name and address as it was when the account was opened. (Citi agreement)
No signatures are needed. Is this what you have.

If you can answer this I will know what to suggest.

nem

There should also have been sent an OPUS set of Ts & Cs. (no name and address)

Hi Nem, thanks for your response. I have a Citi agreement with my name and address on as it was when the account was opened (no signatures). In addition I have a set of OPUS Ts & Cs

How should I proceed?

[nemesis45]

Re: Judge & Priestley / 1st Credit Court Proceedings Threat

Hi Nem, thanks for your response. I have a Citi agreement with my name and address on as it was when the account was opened (no signatures). In addition I have a set of OPUS Ts & Cs

How should I proceed?

Sounds as if that it complete, unfortunately., and satisfies the CCA request.
This is certainly enough to proceed to court a judge
would have to decide if the recon agreement is
enforceable.

Options: See this through to a hearing or go for mediation
and agree payments secured bu a Consent (Tomlin) order,
no CCJ is made.

nem