1st Credit Ltd - Summons Issued **WON **They Discontinued**

[nimjacole]

Hi

 

Thanks very much I have typed the above up and will send out tomorrow. Is there a fee payable for the submission of the questionnaire I was just wondering if there is, if so, whether you know what it is as the Court did not provide the leaflet EX50 with the questionnaire.

 

I wasnt sure whether I pay this fee or the claimants pay it?

 

Thanks

[pt2537]

no the fee is for the Claimant to pay, they are the ones bringing the claim after all.

 

you dont need to worry about the fee;)

[nimjacole]

Thats great. The case has now been listed to be heard a bit nearer to me now so I will come back to you just as soon as I have heard from the Court with directions.

 

Regards

Madge

[Finlay07]

Hi

 

I don't want to hijack this important thread but I just thought you may like to know that 1st Credit accused me of having a huge overdraft when I knew full well that I didn't. They caved in because they couldn't provide any documents (then neither could the bank!) but it may be a new tactic of the loveable 1st Credit.

[nimjacole]

No, feel free this is an open thread as far as I am concerned.

 

Its very disbelieving that they can do this. I know and I am sure that they do as well, that at no time did I have an overdraft. I would remember a £5,000 overdraft!! in any event. I think it very unfair that they can do this.

 

I am more than willing to enter into negotiations with them should they provide any legal documents to the contrary but to not do so and then try and be dishonest about matters just does not cut it.

 

How did you settle the case. In or out of Court?

[Finlay07]

Oh mine was slightly different in that what they said I owed I didn't and never have done. They finally gave up when I called their bluff (thanks to CAG and in paticular ODC for the advice) and said "take me to court".

 

What did worry me slightly is that even the bank in question accused me of having an overdraft (£7000-00 to be precise) which, going off my earnings at the time, was quite frankly laughable. I asked for statements to prove this and, of course, they couldn't provide them. Thankfully that episode is closed and didn't get to court although i had been through the worry of Connaughts Stat. Demand and it was only finding CAG that saved me from caving in.

 

Keep fighting,if it goes to court you have some of the best advice available right here. Good luck my friend.

[nimjacole]

Just to keep you updated Paul,

 

I have received a General Form of Judgement or Order from the Court on Friday indicating that the

 

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the Order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT unless the CLaimant by 4.00 p.m. on 22nd February 2008 file the ALlocation Questionnaire and pay the relevant fee, the claim do stand struck out".

 

I will let you know if they file their questionnaire. I take it if they do then a hearing will be set before the Court?

 

Regards

Madge

[pt2537]

Just to keep you updated Paul,

 

I have received a General Form of Judgement or Order from the Court on Friday indicating that the

 

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the Order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT unless the CLaimant by 4.00 p.m. on 22nd February 2008 file the ALlocation Questionnaire and pay the relevant fee, the claim do stand struck out".

 

I will let you know if they file their questionnaire. I take it if they do then a hearing will be set before the Court?

 

Regards

Madge

 

oooooo, i like that order,

 

on the 22nd at 4pm call the court and find out if they have filed a AQ, if they havent ask to speak to the court manager and in a firm manner, ask for their claim to be struck out pursuant to the order made by the judge xxxxx if the judges name is on the order

 

they have the power to throw the case out for non compliance with that order and it doesnt need to go back to the judge

[nimjacole]

Sorry should have added, the Order was made by District Judge Goddard sitting in Trowbridge.

[nimjacole]

I have made a note anyway to call the court on Friday but will do as above.

 

Thanks.

[The GodMother]

Practise your victory dance.

[nimjacole]

Dear Paul and also to those who contributed,

 

I have just received a letter from the Solicitors acting for 1st Credit enclosing a Notice of Discontinuance of all the claim against me. I cannot tell you what a relief this was to received. Obviously, I will be checking first thing in the morning that the same has been filed with the Court and that the matter is at an end.

 

I would just like to thank you all for a fantastic conclusion to this matter. Obviously keep up the good work - what a fantastic job you all do in not only giving us great advice but also giving us motivation to take this big companies on.

 

Great job.

 

Thanks again.

Good luck to you.

[tomterm8]

Congratulations

[pt2537]

Dear Paul and also to those who contributed,

 

I have just received a letter from the Solicitors acting for 1st Credit enclosing a Notice of Discontinuance of all the claim against me. I cannot tell you what a relief this was to received. Obviously, I will be checking first thing in the morning that the same has been filed with the Court and that the matter is at an end.

 

I would just like to thank you all for a fantastic conclusion to this matter. Obviously keep up the good work - what a fantastic job you all do in not only giving us great advice but also giving us motivation to take this big companies on.

 

Great job.

 

Thanks again.

Good luck to you.

 

Hi

 

Great News,

 

thought they might call it a day especially since their case was seriously flawed

 

now most important, keep that letter very very safe just incase they try to restart the case later then we can give them the biggest slap going

 

im really pleased for you and all the hard work paid off in the end

 

Regards

paul

[robcag]

Congratulations nimjacole, I hope that's the last you hear about it.

 

Rob

[ODC]

Just goes to show when you stand up to these people with facts the generally fold. GREAT NEWS

[The GodMother]

guard that piece of paper with your life as that is a valuable piece of paper.

 

Well done anyway have a nice victory party for yourself.

[Andrew66]

Well done. By way of news on this bunch, I see in the Mail on Sunday financial section that 1st Credit are being sold for up to £400 million. The report further stated that typically they pay 10p in the pound for their debts! This means they bought mine for about £93. Made my blood boil I can tell you.

[ODC]

The report further stated that typically they pay 10p in the pound for their debts! This means they bought mine for about £93. Made my blood boil I can tell you.

LOL That means I cost them nearly £900 just beacuse they hadnt bothered to get a CCA:D

[Ladylove1]

Hello everyone!!!

 

I have just signed up and this is my first time on consumer action group. I was just looking through some of the many complaints and issues raised. This site is very supportive and excellent for the ordinary individual unable to take on distasteful companies who go about extorting money from hard working individuals.

 

I am currently doing battle with 1st Credit Ltd. They wrote to me 2 months ago stating they taken over the loan I had with Halifax Building Society. They have threatened me with Bankruptcy over the sum of £4,900. I wrote to them on the 18th September stating I could afford £60.00 per month to pay off the debt. They are refusing to accept this and want a reasonable lump sum plus and £60.00 per month. I don't have any savings however I do have a mortgage! Will I be forced to sell my home to pay off this debt. I have a 17year old daughter currently in full-time education. I had to remortgage my home 2 years ago as I was struggling financially. I can just about survive, financially.

 

Can anyone offer me some advice?

 

Many thanks and best wishes

Ladylove1

[ODC]

Hello everyone!!!

 

I have just signed up and this is my first time on consumer action group. I was just looking through some of the many complaints and issues raised. This site is very supportive and excellent for the ordinary individual unable to take on distasteful companies who go about extorting money from hard working individuals.

 

I am currently doing battle with 1st Credit Ltd. They wrote to me 2 months ago stating they taken over the loan I had with Halifax Building Society. They have threatened me with Bankruptcy over the sum of £4,900. I wrote to them on the 18th September stating I could afford £60.00 per month to pay off the debt. They are refusing to accept this and want a reasonable lump sum plus and £60.00 per month. I don't have any savings however I do have a mortgage! Will I be forced to sell my home to pay off this debt. I have a 17year old daughter currently in full-time education. I had to remortgage my home 2 years ago as I was struggling financially. I can just about survive, financially.

 

Can anyone offer me some advice?

 

Many thanks and best wishes

Ladylove1

Ladylove You should start your own thread over this. First and most important piece of advice is not to worry. 1st Credit are well known on here for the appalling way in which they treat people. You cannot be forced to pay more than you can afford. First thing you need to do is see if in fact 1st Credit have a legal right to be chasing you for this debt. This can be done by asking them for a copy of you CCA. If they produce it and its all in order then offer them what you can afford even if its only a quid a month. If they were foolish enough to take you to Court the Courts would only order what you could afford, no more. Did the Halifax ever write to you to tell you they had passed it on to this shower????

[nimjacole]

Hi there

 

Yes make sure you start your own thread where you will be given much advice and how to fight/settle any debts either amicably or through the Courts.

 

I cannot praise the forum enough - and as you can see I actually got my case dismissed! Good luck. I did not communicate at all with 1st Credit as my dealings with them were not favourable to say the least and they lie!