1st Credit + Claimform for Old Halifax Credit Card 'debt'

[terykg]

hi im new to this forum so dont know if this is the right place to post.

 

last year i recieved a ccj claim form i defended with a amended defence as i ran out of time to force them to cpmly with my cpr31 request and now i recieved a notice of transfer to my county court for summary judgement.

 

i have not recievde from them any of the items on the cpr but i did a dsar request to halifax and found out that i originaly borrowed 4000 but have repaid 12000 over the years with all the charges for being overdraft and late payments my debt is still 4000 plus interst my question is how should i go about making a defence based on this also the amount that is shown that i owe does not account for 2000 they took setting off my current account.

Name of the Claimant ? 1st credit

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

november 2013

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

the claimant claims 6000 for debt and interest.

on xx/xx/2003 the defendant enterd into an agreement for a credit card with bank of scotland plc under ref.xxxxx.

on xx/xx/2010 the defendant defaulted on the agreement with an outstanding balance of 6000. on xx/xx/2012 the debt of 5400 was assighned to 1st credit(finance) 5 ltd.

on 19/11/2012 the company changed its name to cai finance ltd

and on xx/xx/2013 assighned the debt to 1st credit( finance)ltd.

notice of assighnment were sent to the defendent in accordance with s.136 law of property act 1925.

and the claimant clamis

1. the sum of 5400

2. statutory interest of 500 pursuant to s.69 county courts act 1984 at a rate of 8% per annum from xx/xx/2012 to xx/xx/2013 and thereafter at a daily rate of 1.06 until hudgment or sooner

 

What is the value of the claim?

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

yes it is shown

 

Is the claim for a current or credit/loan account or mobile phone account?

credit card

 

When did you enter into the original agreement before or after 2007?

before

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

assighned the debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

yes

Did you receive a Default Notice from the original creditor?

cant remeber

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

 

Why did you cease payments:- self employed could not afford to pay debt had other essentials to pay e.g mortgage

 

Was there a dispute with the original creditor that remains unresolved?

yes they closed my current account and kept 2000 which has not been taken off the credit card debt

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no i tried to explain to them i was having difficulty but they set off my current account and i put me into more difficulty

[citizenB]

Ok, so the original claim was issued last year and you have now received a date for Summary Judgment Hearing.

 

Did they supply a witness statement with the claim form ?

 

Have they provided any of the information you requested via your CPR ? Notice of Assignment, Default Notice, copy of or truthful reconstruction of the agreement - terms and conditions ?

 

Can you please provide us with the full text of your defence.

 

Have you produced a spread sheet which shows the value of the penalty / default charges ?

Was there any Payment Protection Insurance on the account.

 

When is the SJ hearing scheduled for.

 

You will need to supply your own Witness statement in order to counter the SJ application and ensure that it gets a fair hearing in the County Court.

 

This needs to be submitted to the court and claimant 7 days prior to hearing.

 

If you could answer the questions above, I will flag your thread for those who will be able to help.

[citizenB]

 

Was there a dispute with the original creditor that remains unresolved?

yes they closed my current account and kept 2000 which has not been taken off the credit card debt

 

I am not sure I understand this - what happened to the £2,000 - did you have an overdraft ?

[terykg]

i have just recieved a letter stating that the case has transferd to my county court no date when summary judgment will happen

 

no witness statement and they have not replied to my cpr request they said theyt would request it from halifax but i am not sure if they will say that i recieved it as at the time i also made a dsar request which i have recieved. the 2000 was saved in a current account which they closed and kept the money for the credit card debt but it has not been credited to the debt

 

Defence

 

1. I, xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by 1st Credit(Finance) Limited.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:

A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

 

5. On (xx/xx/13) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond

 

On (xx/xx/13) the defendant posted a request for a copy of the consumer credit agreement under the consumer credit act 1974 section 77/78, along with the statutory fee £1, in which the claiment had 14 days upon receipt of the the defendants request to supply the defendant with a copy of the alleged agreement. The claiment failed to supply the agreement within the perscribed timescale and still have not supplied the agreement, and as such are in default of the defendants request. Which would prohibit any such legal action/enforcement as per section 78 (6) "If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement" And likewise under section 77 (s.s 4 (A)) of the consumer credit act 1974

 

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

 

Statement of Truth

 

I, xxxxx believe the above statement to be true and factual.

 

 

 

 

cpr

 

 

On xx/xx/2013 I received the Claim Form in this case issued by you out of the northhampton (ccbc) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Edited May 7, 2014 by citizenB

[citizenB]

They would not need to refer to Halifax for your CPR request - it is the solicitor who is supposed to respond to that.

 

The Agreement, yes they migh possibly require to refer to the Original Creditor.

 

Righto, so at this point you have just been advised that the claim is being allocated to your local court. They will advise you when the hearing is to be. However, if the claimant has made an application for Summary Judgment then you should have received a copy of this along with their witness statement.

 

I think you should perhaps start thinking about what you want to put in your own Statement.. and I will find someone to help.

[citizenB]

So where exactly have they allocated the £2,000 ?

 

Did they write and advise you that they were going to apply it to the credit card ? If so, then you might need to write to them and find out what is going on.

[citizenB]

It has been suggested that you contact the court to see if an application was made for summary judgment and if so, could you please have a copy along with the claimant's witness statement.

 

You might need to telephone both MCOL and your local court.

[terykg]

thanks for all help

the dca dont know about the 2000.

the bank only told me about it affter my mortgage was not sent out of the current account and i asked what was going on and i was informed that it would be used for my credit card debt

 

so any advise on how i should handle that 2000 would be much appreciated

[citizenB]

I think all you can do is to make a formal complaint, in writing, to their Head/Registered office.

 

Point out that they have withdrawn £2,000 for the purpose of offsetting a credit card debt, but as yet have not applied it to that account. You wish to know why.

[terykg]

hi phoned the court and they said that a hearing is scheduled for next month and i should be recieving a letter tommorow

[terykg]

hi recieved court pack need help writting witness statement and a amended defense court is 19 of june

[terykg]

bump

[terykg]

hi would like help with witness statement and ameend defense

[citizenB]

Have they advised when you need to submit your defence/witness statement by and is this hearing in respect of the Summary Judgment application ? You normally have to file and serve these by at least 7 days before the hearing date.

 

If you have their witness statement now, then you need to go through that and refute anything they have said. The point of this hearing is for you to point out that you have a credible defence and that it should go to a proper hearing and not just be rubberstamped in favour of the Claimant.

 

Do you have all the paperwork you need to move forward ? Has the issue of the "missing £2,000" been resolved ?

 

I will try and find someone to help..

[terykg]

the orders that they made is that the stay is lifted and that it goes direct to summary judgement reasons given that my defense just states that i made a section 77 and 78 after proceedings started and they contend that the request is inappropriate and subject to cpr. and because i rely on non compliance with my demand does not constitute a defence

 

also i have to make witness statement by 7 days before the judgment on all party

 

i have not heard back from halifax yet but i have all the statement with all the charges that were made such as overlimit and late charges also have piece of paper showing that they took the £2000 just need help in how to word everything and ato amend my defence

[terykg]

the orders that they made is that the stay is lifted and that it goes direct to summary judgement reasons given that my defense just states that i made a section 77 and 78 after proceedings started and they contend that the request is inappropriate and subject to cpr. and because i rely on non compliance with my demand does not constitute a defence

 

also i have to make witness statement by 7 days before the judgment on all party

 

i have not heard back from halifax yet but i have all the statement with all the charges that were made such as overlimit and late charges also have piece of paper showing that they took the £2000 just need help in how to word everything and ato amend my defence

[AndyOrch]

Have you been given an hearing date terykg for their application of Summary Judgment?

 

Andy

[terykg]

19 june

[AndyOrch]

Then you need to submit any Witness statement pre 7 days to that hearing date.

[terykg]

so do i need to do a amended defense aswell or just a witness statement and are there and template statement that i can change to fit my circumstance

[AndyOrch]

Your Witness Statement can particularise your defence therefore there is no requirement to amend a defence.

 

I'm afraid there are no template WS.s otherwise it would not be a witness statement...its your account of the dispute which is unique to you.

[terykg]

hi just a quick question how do i submit my witness statement is it just three coppies at the court or send it direct also to the dca

[terykg]

hi i was just writing up my witness statement and was wondering if this credit card application is enforcible sorry if this is the wrong place to ask but thanks for looking terykg

[SabreSheep]

I dont know about enforceability

 

But you do have PPI on there

[dx100uk]

please keep to one thread per claim.

 

dx