Battle with Citi Financial / 1st Credit / Connaughts & J&P

[ceylon]

first you need to remove withot predjusic or sware an affidavit of what was in your letters an leave that bit out for now, its late sorry cant add more but dont want to make a mistake

[jcwolfer]

OK... I read this entire 7 page post ...... So ..What Really Happened in the end ? Seems to be missing

[billjosh]

OK... I read this entire 7 page post ...... So ..What Really Happened in the end ? Seems to be missing

Morning jcwolfer - it hasnt ended - it is exactly where I have described it is and its by no means over.

i have just read the 7 pages as well and I have put a summary here with forum page No for ref: Fantastic advice on every page from the GOODF experts keeping me on the straight and narrow so not repeating everything they advised me to do - have just put in the main highlights since May. As well as the fantastic advice from the awesome people on this forum relating to the 3 letter approach, I have also been advised be a lot of people on the CAG forum which is how I have been able to know what to do. This is excellent as I am very confident that my 2 pronged approach is going to work. PRong 1 use the CPR route for full disclosure and combined with the GOODF approach.

If you really want to see the full in depth story to this then have a look at this thread on the CAG forum http://www.consumeractiongroup.co.uk/fo ... elp/page14 as I have been working helped by a lot of very knowledgable peole about how to handle the court system.

There are a lot of solicitors on that forum that know the legal process inside out and backwards and although they are not that keen on mentioning other forums - there is a massive amount of info on there and loads of people who know how to work the court system. So I am hoping that by working with both these fantastic forums a good result will come.

OK SUMMARY SO FAR

PAGE 1
7th May came on this forum after a 2 Letters from J&P solicitors threatening imminent court action - was asdvised to start the 3 letter process. - Couldnt due to personal circumstances.
PAGE 4
June 24th - Claim form arrives from NCCBC - crap POC so filed on line that I was disputing the whole claim
PAGE 5
June 28th Letter 1 off to Gavin Flynn head of collections 1st Credit - copy to J&P & Connaughts - also in L1 I stated I was now going to take action for the harrasment which I am in the process of doing
July 1 letter from Connaughts stating as they have received no signed authority theyt are disregarding L1 in its entirety
PAGE 6
JULY 5TH CPR 18 letter and L2 off to Gavin Flynn 1st Credit - copies to J&P
JULY 13th 3rd Letter off to my friend Mr Flynn - copy to J&P
JULY 16 - visited police to start process of charges against 1st C & Citi - also finished 11 page report. Also sent report off to the OFT.
JULY 17 - called NCCBC to find out deadline for entering a defence - explained couldnt enter a defence as nothing in POC to defend against!!! Given deadline of 4pm Mon 25th July . ALso long conversation with Trading Standards
JULY 18 - called J&P to find out when 1st C were going to comply with CPR 18 was told they had been informed on the 11th July that they were taking it back in house and would be using in house sol's LCS and would be applying for a Notice of Change. - called court to find out if they had heard from 1st C - nothing at all! Advised the lady at the NCCBC that I would not be entering a defence but a N244 instead(thats all explained in my posts what this is and what it means)
Also faxed Mr Flynn asking for confirmation of who to write to now that J&P were not acting - so far zero response to any communication I have sent to them - maybe they dont want to write as we are now in a tacit agreement.
Yesterday letter from J&P confirming telephone call of 18th.

So where we are right now is that by Friday I will have prepared a cracking statement to complete the N244 form along with all the relevant letters (including the three GOODF ones that I have sent off. This will then be faxed on Fri to the NCCBC and an immediate Bar on judgement will be in place. Then a DJ will look at this (which apparently can take 3 - 4 weeks) and the best result will be a total strike out there and then or at the very least he will issue an order forcing 1st Credit to comply with my CPR 18 request within 14 days or it will then be struck out. they have to disclose exactly what paperwork they have in their possession which they are using to bring a case against me. If they dont have all the correct paperwork - IE the original signed agreement then its bye bye 1st Crappy, game over and they lose and cant chase anymore for the alleged "debt" they say I owe.

I am today going to be speaking with the information commissioners office and pushing as hard as I can for action to be taken against 1st c for the unlawful processing of my personal data when the account was in dispute.

I will also be finishing the process with the police and charges will have been lodged before the end of today for the unlawful behaviour as detailed in my report.

Trading Standards will receive everything I have prepared and again I will be pushing for maximum penalty on 1st C.

And on top of all of that I am giving blood later - so a very easy relaxing day!

Does that answer your question? - please feel free to ask any others.

[billjosh]

##UPDATE##

Well well - LCS have just managed to respond by the skin of their teeth to my CPR 18 request with an interesting letter and a Notice of Change of solicitor -

They have said at the end that as to your letter dated 12 July 2011 (LEtter 3) they are instrcuted not to apply any credence to it -

whats the feeling about this letter Ceylon or others! - suggestions realting to the comment above and the last comment underlined about that hey require a defence filed and served by my copyrighted name
OK THE LETTER

LCS The Omnibus Building | Lesbourne Road | Reigate | Surrey | RH2 7JP
Tel 0843 3200020 | Fax 0843 3200001
Email:lcs@lcslegal.com

W xxxxxx Sxxxxxx Esq .. Please quote our reference in all Correspondence

19 July 2011
Dear Sirs.
Claim No: _
1stCredit (Finance) Limited-v-

We enclose a Notice of Change of Solicitors by way of service upon you.

We note that you consider that you have a CPR part 18 request outstanding and that you require further time within which to serve a defence. ( Err well yes I do consider this is outstanding seeing as they didnt respond before today)

As to your request under Part 18, . we refer to your letter dated 4 July 2011 addressed directly to our client at a time when you were well aware that Messrs. Judge & Priestly were on record as acting for the Claimant (and so do i get a slap on the wrists for being naughty and writing to 1st crud). The format of the request is familiar to us being one freely available on the usual internet debt forums (And your point is what exactly? Without the stars on these forums you scum bags would get away with murder!. Rather than take the procedural point (what exactly do they mean by this), we will respond to the questions raised and will use your numbering to respond.

1. You have been provided with the Agreement upon which we intend to rely. You acknowledged receiving it within your letter dated 8 March 2010. Our further letter dated 21 April 2010 refers.
2. You were advised that you were sent the default notice in May 2007. (They did state this in a letter yet no proof of postage has been received and they have never sent a copy of it.)
3. We are not obliged to provide this to you –
4(a) We are not obliged to provide copies of our recorded telephone conversations
4(b) We do not possess any information from Citi as to any manual intervention on this account. Should any such information come to light we will provide it under the usual rules as to disclosure.
4(c) We have no information as to insurance as our client would not have been the insurer in any event. If such existed then you as the insured should be able to obtain information from any insurer involved.
4(d) We are unaware of any collection charges added to the account. We will provide any such information if it becomes available.
4( e) We are unaware of any other agency charges and whether such have been added to the account. We will provide any such information if it becomes available.
4(f) we would refer you to Part 1 of Schedule 1 and to Schedule 2. Paragraph 6 (1) of the Data Protection Act 1998. Schedule 1, Part 1, of the Data Protection Act 1998 (the "DPA") sets out the first data protection principle: -

(End page 1)

(1) "personal data shall be processed fairly and lawfully,and, in particular, shall not be processed unless-
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met"

Schedule 2, Paragraph 6 of the Data Protection Act 1998: -

, (1) The processing is necessary for the purposes of . legitimate interests pursued by the data controller or by
the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

We consider the interest of Debt Recovery a legitimate interest and 1st Credit Ltd being the third party to whom the data has been disclosed.

4(g) We supplied details of the account to Connaught Collections, Judge & Priestly, Experion, Callcredit and Equifax (So was it them I wonder that issued the default as it is them that shows on the credit file!)
4(h) We are not obliged to provide statements for the duration of the account. You have already been provided with the statements available for the period 11 April 2006 to 11 May 2007. Our Client's letter to you dated 30 July 2011 refers.

Paragraph mis-numbered 3 again at page 2. :"We will comply with the rules as to disclosure during this matter. .

As to your letter dated 12 July 2011 again sent directly to our client, we are instructed not to apply any credence to it by responding. –( Interesting comment now that they are in a Tacit Agreement with me.)

As to your defence, we are instructed to consent to an extension of time. As the original limit was to expire on 21 July 2011, (This is for the compliance with CPR 18– but have they given full compliance?? we will agree to an extension to 4 p.m. on 18 August 2011. If you require further time you will be required to make an application. With regard to the defence, we will require a defence filed and served by Wxxxxxx Sxxxxx. If it is served and signed by any other person or entity we shall require the appropriate Notice of Acting to be served and filed at the same time.

Yours faithfully,

LCS~ SOLICITORS


Principal solicitor R D Marr
LCS Solicitors is the legal division of I" Credit Limited, registered in England and Waits number 375294(}
Registered Office: Hill House, 1 Little New Street, London. EC4A 3TR

[jcwolfer]

This is becoming a legend of epic proportion.Thank you for your considerate , concise and detailed response.
I am following this with great interest.
Keep up the good work.

[billjosh]

Thanks JC - well it has been dragging on since 2007 and as this lot are such a bunch of shysters I want to give them as many problems as I can.

To sumarise the questions I have for the GOODF experts which I would be very grateful to have some thoughts on so I can use the 3 letters and the Estoppel notice very soon
1)With respect to LCS's comment at the and of their response to my CPR 18 request stating that they are not giving any credence to my third letter (interesting they dont mention 1 or 2 ) - how do you think I should respond to this?

2) They state the following in the last paragraph "With regard to the defence, we will require a defence filed and served by Wxxxxxx Sxxxxx. If it is served and signed by any other person or entity we shall require the appropriate Notice of Acting to be served and filed at the same time".

As I am Wxxxxxx Sxxxxx it would be me that is responding anyway but can I respond as the representative of the legal fiction that is WXXXXXX SXXXXX and does anyone know what if I need a Notice of Action as I am Wxxxxxx Sxxxxx. I do not want to acquiesce to their request in any way shape or form but I need to know what the best thing is for me to do to make my case a strong as it can be.

thanks very much guys

[ceylon]

1. bill them

2. not sure

[hughjego]

Hi There,

I've just read the entire contents of this thread, and I'm intrugued as to how this all panned out.

As a newbie, any update would be appreciated for inspiration

Thanks.