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Moon phases


Brown all CAPS window letter with "Defendant" visible!

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by daveiron on Tue Jul 03, 2018 10:41 am

It looks to me as they have changed their legal representative & are informing you and the Court .

Personally i would just sit tight and wait for something from the court. They are very overdue with what should have been sent ,i would take that as a positive.
If you are concerned you could always contact the court and inquire of the status of the case.
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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Tue Jul 03, 2018 4:05 pm

Thanks for the clarity daveiron, a little support goes a long way

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Wed Oct 10, 2018 8:22 pm

Update, and they've not gone away!

"Notice of Transfer of Proceedings" received a couple of days back dated 4,10,18
1ST CREDIT (FINANCE) LTD
ME ALL CAPS
"To all parties"
"This claim has been transferred to the County Court at Stafford as the CCBC Sol is No Longer Acting."
N271 form

Can they still act on this matter?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sat Nov 10, 2018 12:01 pm

Now they have sent Notice of proposed allocation to Small Claims Track and General Form of Judgement or Order

Chronological order of events:

23rd April
Defence and Motion to Dismiss sent

28th May
from CBCC:
The defence was filed 24/04/18 and the claimant has 33 days to reply to the defence.

26th June
Change of name “INRUM UK FINANCE LIMITED” and bundle of historical documents (dated 21 June).

15th August
Intrum preparing Part 24 application

4th October
Transfer of proceedings

9th November (dated 7th November)
Notice of proposed allocation to Small Claims Track

General Form of Judgement or Order


So I wonder how they can
Change the entity that is claiming?
Reply to a defence after the time that has been allowed?
What I should do next?
many thanks in advance

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sat Nov 10, 2018 8:40 pm

the claim for whatever reason was stayed, they must have made an application to have the stay lifted and a judge has allowed it ( now theirs a surprise)

this will now go to court, without reading all of the thread have they provided you with any evidence of the agreement/ contract

did you get a copy of their application to lift the stay ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 11, 2018 2:14 pm

hi waylander,
What a "surprise"!
They have sent a bundle (197 pages worth) scanned and printed, and signed as a deed. For a business over draught i had, business is no longer trading
Never received any application to lift the stay!
cheers

this is the only other document received that is not on this thread:
15th August
Intrum preparing Part 24 application


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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sun Nov 11, 2018 2:33 pm

this is now going to a final hearing,

you must fill in and return the directions questionnaire before the date given.

without knowing what your defence was and what documentation they have sent as proof it would be impossible to really comment.

you need to check carefully that bundle of paperwork they have sent, if as you say it was signed as a deed then it is possible they have sent you a copy of the deed of assignment or a redacted version at least.

the paperwork provided is now the key.

the only other thing is, that it is the business that owes the money and is no longer trading, it would depend if you can be held personally liable for the business's debt. Again i have not enough information on this.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Wed Nov 14, 2018 6:37 pm

is there no way out of a hearing as they are over the 33 days?
28th May
from CBCC:
The defence was filed 24/04/18 and the claimant has 33 days to reply to the defence.


And i never received the stay?

Application to the court for an order that the proceedings be struck out or stayed for non-compliance
To:
Michael Giddins
LESTER ALDRIDGE LLP
Russell House,
Oxford Road,
Bournemouth,
Dorset,
BH8 8EX

23/03/2018


Dear Sirs,

Re: 1ST CREDIT (FINANCE) LTD v MR Mr XXXX XXXXX XXXXX Case No: XXXXX

Your compliance with your CPR 18 duties has not been fulfilled despite having over 25 days.

Application to the Court to order the information be provided.

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, 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.

Yours sincerely,

By;

xxx of the family xxxx

Authorised Agent and representative for Mr XXXX XXXXX XXXXX.

Implied admission by lack of rebuttal .
No assured value . No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-ASSUMPSIT

Calls may be recorded.

Motion to Dismiss:
To:
Michael Giddins
LESTER ALDRIDGE LLP
Russell House,
Oxford Road,
Bournemouth,
Dorset,
BH8 8EX

23/04/2018


Dear Sirs,

Re: 1ST CREDIT (FINANCE) LTD v MR XXXXX XXXX XXXXXXX Case No: XXXXXX

Your duties under CPR 18 statutory requirements has not been fulfilled despite being offered 28 days to substantiate a claim.

CPR 18 and CCR sent to claimant are included.

As no evidence of a claim has been put forward the claim is wholly rebutted and unenforceable.

It is requested the proceedings are struck out for non-compliance with statutory requirements and that confirmation that this matter is closed be sent in writing within 12 days from receipt of this letter. Should confirmation not be received a claim may be raised against your client for any further costs incurred.

Yours sincerely,

By;

xxxx of the family xxxxx

Authorised Agent and representative for Mr XXXXX XXXXX XXXXXX.

Implied admission by lack of rebuttal.
No assured value. No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-ASSUMPSIT

Calls may be recorded.

Defence Page 1 and 2



There is a guarantee (Signed as a deed) that i signed as my birth certificate name, demand for payment is to Mr Surname

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Wed Nov 14, 2018 7:58 pm

not quite sure what you are asking or what you are saying here ?

from the court order the stay has been lifted and it is proceeding to a final hearing.

you had 7 days to object to the order or to vary or stay the order,but that would have now passed.

that is all i can really tell you from what i have seen.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Thu Nov 15, 2018 12:55 pm

Hi waylander, i never received any notification of a stay so never had a chance to object, don'y all documents have to be served to all parties
So is there anything i can do regarding this and that they were out of their 33 days to reply to the defence?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Thu Nov 15, 2018 1:07 pm

no you dont understand,

when they were out of their 33 days back in may time then they could not proceed with the claim.

their only option was to apply to the court to have the stay lifted and maybe offer the court evidence ? that they had a good case for the claim to continue.

the courts have obviously decided that the stay should be lifted and the claim can now continue, if you read the court order it states this and gives either party the opportunity to vary or stay the order.

this claim has now been re opened and is continuing on to a final hearing, they appear to have sent you a 197 page bundle which will be their evidence, this is what you need to be concentrating on to find a good argument (s) against their claim.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sat Nov 17, 2018 3:34 pm

Thank's waylander, i see, a little more at least. But no way around/out of it.

On 21,6 Intrum state they will consider applying under CPR Part 24 for Summary Judgment and gave me 14 to contact them. On this day the "notice of change of legal representative" is also dated.

4th October, transfer to another court.

Then notification dated 7th November, stay is lifted, dated 7,11, received 9,11 giving 7 days to apply to; Set aside, varied or stayed.
At no time have i been made aware that an application to lift the say was made or that it was lifted...should i have received any of this?

Their guarantee to the business i was director of, is good, can't see any loopholes in it. It is the only document that i have signed.
The business was doing well then took a hit from several companies going bust on it which is where all the troubles started, it also owed/s a chunk of VAT, which is why it has not been struck off (plus the bank i guess).

i am quite stumped on this now...any suggestions greatly appreciated
cheers

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sat Nov 17, 2018 4:51 pm

they should have sent you a copy of their application to lift the stay along with their reasons and evidence

you were notified that the stay had been lifted by the court.

not sure what you mean buy their guarantee to the business means ? who owed the money YOU or the company, do they have the right to come after you personally for the money rather than the business ?

look at the evidence they have sent is there a copy of their application within the bundle ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sat Nov 17, 2018 5:06 pm

All correspondence i've posted on here

No copy of application to lift stay, reasons or evidence ever received.

Just the bundle and letter 21,6
All that is attached in the bundle is:
T&Cs prevailing at the date of your guarantee
T&Cs prevailing at default of the account
Business Statements for Dec 2011 - Oct 2015
Guarantee between you (me) to HSBC Bank Plc dated 30,8,2015
Final Demand dated 25,9,15

the guarantee was for business overdraught


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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sat Nov 17, 2018 5:08 pm

Oh and dated 14,11,18 now i have their filled in N180 directions questionnaire

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 1:39 pm

Hi all, does anyone have any suggestions on what my next course of action should be?
many thanks in advance

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sun Nov 18, 2018 2:22 pm

Hi

having looked at this, this i am certain will now go to a final hearing.

to be able to give any form of advice i would have to see all of the paperwork that has been submitted to fully understand any arguments you could put forward for this.

My only advice to you is that you speak to a solicitor who may be able to help you, initial consultation should be free. You may well have a number of valid arguments but without knowing the full details it would be impossible to say.

sorry i cant offer you anything more Crying or Very sad

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 3:21 pm

cheers waylander.

Nothing about the protocol that hey MUST follow? i thought FULL disclosure was a requirement...at least?

The bundle literally consists of:
pages 1-20: T&Cs prevailing at the date of your guarantee
pages 21-64: T&Cs prevailing at default of the account
pages 65-189: Business Statements for Dec 2011 - Oct 2015
pages 190-196: Guarantee between you (me) to HSBC Bank Plc dated 30,8,2015
page 197: Final Demand dated 25,9,15

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sun Nov 18, 2018 3:41 pm

as i understand this it is part loan part overdraft ?

was there just one agreement for both ? was there any agreement ? oral or written ?

any default notice issued ? but then it could be exempt under part v ?

are YOU liable or was the business liable which no longer exists,if it was the business then why should YOU have to pay ?

any unfair charges on the account ?

soooo many questions but not enough answers, was this correctly assigned ? have they provided documentation requested ?

how was this assigned from 1st credit to Intrum ?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 4:19 pm

thank you waylander

Just overdraught, and i was guarantor

only one agreement and all i have is the guarantee (in bundle) i signed, it was back in 2007 and i don't remember if there was any other agreement/paper work.

no default notice in the bundle, just the final demand


what is part v ?

i will attach the guarantee as soon as images are synced.

Likely unfair charges, i only say this as most banks are guilty, i have not investigated this, via PPI?

sorry but i wouldn't know if correctly assigned or not.

i have only received the bundle documents, this is what was requested - CPR18:
23/03/2018


Dear Sirs,

Re: 1ST CREDIT (FINANCE) LTD v MR XXXX XXXX XXXXX Case No: XXXXXXX

CPR18 Preliminary Request for further information / clarification

On around 2nd March 2018, I received the Claim Form in this case issued by you out of the Northampton County Court.

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

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored and therefore I reject any solicitors and court cost because as I tried to settle before court proceedings, and deem it as a vindictive act.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, (for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
1. The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.
3. All notices of assignment.
4. The default warning letter.
5. The default notice.
6. Termination Notice.


7. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £7,514.66 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

8. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination.

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 7 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

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, 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.

Yours sincerely,

By;

xxxxx of the family xxxxx

Authorised Agent and representative for Mr XXXX XXXX XXXXXX.

Implied admission by lack of rebuttal .
No assured value . No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-AASSUMPSIT

Calls may be recorded.


All they have provided is what is contained in the bundle.

All i have is the "Notice of change of legal representative"

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 5:56 pm

here is the guarantee, p1of7



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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 5:57 pm

pages 2-4 of 7




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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 5:59 pm

and pages 5-7 of 7




please let me know if any more info will be helpful
cheers

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Nov 18, 2018 6:00 pm

don't know why last 3 have gone like that but they read fine if clicked on

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by waylander62 on Sun Nov 18, 2018 8:13 pm

i have had a quick look at this and it would seem that you personally could be held liable

I cannot promise anything but the assignment part looks quite interesting, you need to fill in and return the questionnaire in the time given or the court could strike out your defence.

In the meantime i am going to take a look at the assignment side of things and will get back to you asap.

i would like if possible to see a copy of the assignment letter/details

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Re: Brown all CAPS window letter with "Defendant" visible!

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