Jdc911
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Hey there I was in court with first credit today and got help off the site. Has anyone been helping you? I spoke to CCCS yesterday and they said they get at least four of the SDs from 1st credit every day. Mine is adjourned for 28 days. Since the ego maniacs put in writing that they did not have to produce a statutory default, deed of assignment or explain an account that is different than one I have ever owned and in dollars! They have been told to produce all that info. CCCS are actually relatively helpful-it's relative-some people like any organisation are not. This site is helpful and then I used CCCS to do a debt management plan. Well I hope someone is helping you-otherwise-drop me a line. Bye JDC PS Note I was super stressed about going to court, being there -and I am not stressed about things usually. So I can see where you are coming from.
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Thanks a lot doing that-getting all paper work linked and labelled-I have the envelopes which they have been sent in and also I gave in the costs when giving my affidavit.The court papers returned to me for case date have my application for costs included in it. All broken down as this great site advises.
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Update I am in court on Friday 24-10-08 at 3.10pm. It is scheduled for 20 mins and the court actually closes at 4pm. 1st credit actually sent an envelope today with their counter arguments. I have been going through all their points. One of which forinstance stated I had paid nothing towards an HFC account since December 2007 and their argument today which states that I paid £15 in April 2008. Neither of which is correct. CCCS paid £5 a month until the end of April 2008 when it was shown that 1st Credit are using a different HFC account number and it is in dollars. And their argument for a different account number-it's an internal HFC number system 1st Credit are using! I now need to find out where to counter claim on the amount - if I decide to reclaim unfair charges-since the actual amount is in question. The dollar amount makes it almost half . A query I have is this-do I answer all their counter arguments in court? I have no problem doing that. Their argument for no CCA they are using is that the signatures look similar on the application for instance! Since applying to have my SD set aside I have received SAR data on Monday from HFC on the correct account number. I was under the impression that an SAR should show all correspondence not just statements? I have letters from HFC that they sent without prejudice and they are not shown on the SAR. Should I complain to the information commissioner on that specific point? No default has ever been received. I did not go into huge detail on my points-since the form seemed small-I can take a huge amount of detail in with me if necessary. I am also taking my Mums deeds to show it is her house, not mine and a signed statement from her to this effect. I feel they are being so persistent and self rightoeus because they think they can put a CCJ or bankruptcy when I have property. Thanks in advance for your help! Bye, Jdc
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Hi all-is it actually safe to apply on line for your credit report? As in -will the credit agencies have more info on you? Would it be advisable to write for it instead. After 1st credit sending me an SD and me now applying to have it set aside-I have decided to reclaim all bank charges, credit card charges-everything. I have the time and drive to do it. I do not actually need credit cards and have changed to a bank that I can deal with. But will reclaim from barclays banks. Many thanks.
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I have a couple of quick quries here. I printed out the docs 6.4 and 6.5. What level of detail do you enter in the affidavit? I put :- Do not admit the debt in total because :- The HFC Bank Limited Account xxxxx for which 1st credit use a reference of xxxx is not an account I have held and the copy statements sent by 1st Credit do not refer to such an account number. The account to which the first credit reference of xxxxx show a balance in dollars on 4 December 2003 and only changed to pounds on 4 May 2004. Thus the actual amount claimed is unclear. (Even the late charges on in dollars!) I wish to claim for counter claim for unfair charges A request for a true copy of the consumer credit agreement was received special delivery on 15th April 2008 and on 8th May 2008 1st Credit posted an application for a credit card not a consumer credit agreement. That application form does not apply to the HFC account to which 1st Credit refer in their reference xxxx A request for a true signed copy of the deed of assignment was received by 1st Credit on 15th April 2008 by sprecial delivery. No deed of assignment has been received to date. Is that too every day language? Do I need to go into more detail? Well that's it for tonight. I hope my brain can relax so I am up not up until 5am! I checked with my local court on line-they are dealing with this type of case-so I will ring them tomorrow to check they do. Many thanks, have a good evening all, Jdc911
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HI all, I have not posted on this site for a while. But I have most certainly used what I have learnt and reduced my stress levels considerably. Today I received a Statutory demand from 1 Credit and post this thread after reading on the site. I intend to have this set aside. I enclose a brief history of what has happened. On 9 April 2008 1st Credit send a letter stated that two HFC loans had been assigned to them. I sent special delivery letters acknowledging no debt to them and requesting CCAs. 1st Credit received these 15 April the debts they claim are for £3371.32 and another £4928.07 The reply is dated 8 May 2008 1st Credit took 18 days to produce a Consumer Credit Application. A photocopy of them infact. Since they have not produced a CCA for either account. I stopped my CCCS plan to this debt when it changed in April 2008. 1st tried to claim the application is a CCA. They also claim it had not been paid since December 2008 – which is not the case – since CCCS had paid HFC right up to the debt being sold and also that I have a share in a house-also not the case. I am a carer for my Mum who shares the same surname and this is her house. I have never contacted them by email or telephone and they have never contacted me in this way. Only the past two letters have again admitted that they have purchased the debt. No deed of assignment has been produced. They did after the non production of a CCA send copy statements which I did not request. I have viewed them and notice the full balances are in dollars! And this is for several months of the entire account in both cases. I am on a CCCS debt management plan-but I am not letting them touch the legal side. After I had a notice of discontinuance with Arrow Global for my Mum-CCCS started paying them more! I have a complaint in place with Arrow Global-Trading Standards want to see if this has been caused by Arrow Global or CCCS. Today 22 August 2008 1st Credit sent a statutory demand for the debt of £3371.32. I read the info on the site and will apply to have it set aside. For the following reasons –I have looked at their original letters, the statutory demand and the statements they have sent – they are actually showing an incorrect account number. I am not sure how much the amount in dollars affect things-it was never in dollars – but is on the HFC statements-even one HFC later letters about default charges refers to costs in dollars. It does not seem to be as detailed as S.A.R. Would I be prudent to also request and S.A.R and counter claim? I have also spoken to trading standards who wish to know about this case. Since 1st Credit just seem to want to ignore the regulations about producing information. I will contact the local court tomorrow for the papers to have this set aside. Many thanks in advance for any advice. Jdc911
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HI all, I have not posted on this site for a while. But I have most certainly used what I have learnt and reduced my stress levels considerably. Today I received a Statutory demand from 1 Credit and post this thread after reading on the site. I intend to have this set aside. I enclose a brief history of what has happened. On 9 April 2008 1st Credit send a letter stated that two HFC loans had been assigned to them. I sent special delivery letters acknowledging no debt to them and requesting CCAs. 1st Credit received these 15 April the debts they claim are for £3371.32 and another £4928.07 The reply is dated 8 May 2008 1st Credit took 18 days to produce a Consumer Credit Application. A photocopy of them infact. Since they have not produced a CCA for either account. I stopped my CCCS plan to this debt when it changed in April 2008. 1st tried to claim the application is a CCA. They also claim it had not been paid since December 2008 – which is not the case – since CCCS had paid HFC right up to the debt being sold and also that I have a share in a house-also not the case. I am a carer for my Mum who shares the same surname and this is her house. I have never contacted them by email or telephone and they have never contacted me in this way. Only the past two letters have again admitted that they have purchased the debt. No deed of assignment has been produced. They did after the non production of a CCA send copy statements (which I did not request) I have viewed them and notice the full balances are in dollars! And this is for several months of the entire account in both cases. I am on a CCCS debt management plan-but I am not letting them touch the legal side. After I had a notice of discontinuance with Arrow Global for my Mum-CCCS started paying them more! I have a complaint in place with Arrow Global-Trading Standards want to see if this has been caused by Arrow Global or CCCS. Today 22 August 2008 1st Credit sent a statutory demand for the debt of £3371.32. I read the info on the site and will apply to have it set aside. For the following reasons –I have looked at their original letters, the statutory demand and the statements they have sent – they are actually showing an incorrect account number. I am not sure how much the amount in dollars affect things-it was never in dollars – but is on the HFC statements-even one HFC later letters about default charges refers to costs in dollars. It does not seem to be as detailed as S.A.R. Would I be prudent to also request and S.A.R and counter claim? I have also spoken to trading standards who wish to know about this case. Since 1st Credit just seem to want to ignore the regulations about producing information. I will contact the local court tomorrow for the papers to have this set aside. Many thanks in advance for any advice. Jdc911
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