Jump to content


1st credit/Moon Beever, Claimform - old M+S Credit Card - prob SB'd***Claim Dismissed***


Whatnot
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2867 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Newbie here,

 

Thanks for your site, i've been lurking here for a week or two, so i know a little bit of what you kindly offer.

 

DD got the claim with issue date 17th April solicitors are Moon Beever, Claimant Ist Credit as per attachment

 

She is adamant she has heard nothing from claimants or OC in over 6 years,

 

 

She thinks it's M & S, she worked there around that time, and staff were pushing cards on each other for commission,

and this was not ever supposed to be taken up, the rest as they say...

 

I sent Moon Beever CPR and SB forms WP

ditto Ist Credit SAR CCA 1974

and AOS by signed for post 27/4/15

 

The only response i've received is from 1st Credit and believe it or not it is to acknowledge my request regarding my own business Debt to HSBC lol

 

I've not heard back from the Court so i phoned them, they say they are 10 days behind with acknowledgements...

 

Anything else i should be doing, i have a defence in mind regarding non documents and SB

 

.. thanks in advance.

Whatnot..

Link to post
Share on other sites

  • Replies 83
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi there

 

I have moved your thread to Financial Legal issues where it will get seen.

 

Regards

 

SS

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

attachment removed

 

 

shows pers details.

 

 

can you please fill this out:

 

 

and post the results here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The claim states that the account was defaulted on 30.12.2008.

 

Did your daughter make any payments to the account after that date ?

 

If not, then I would say the account is statute barred.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks SS, dx, and CitizenB,

 

Name of the Claimant ? 1st Credit

Date of issue – 17th April 2015

What is the claim for – CC - she thinks M & S

What is the value of the claim? 3,004

 

When did you enter into the original agreement before or after 2007? 17th Jan 2007

Debt purchaser has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - No

Default Notice from the original creditor? -No

Have you been receiving statutory notices headed “Notice of Default sums” – No

Why did you cease payments? - Moved away relationship breakdown - apx 2008

What was the date of your last payment? mid 2008 certainly not in the last 6 years

Was there a dispute with the original creditor that remains unresolved? - no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? - No

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Request

to the claimant for a copy of your agreement - done so, on date already advised

Send a CPR31.14 request to the solicitor named on the claim form

for copies of documents mentioned/implied within the claim form. done so on date already advised

Request 1 - Loans/Credit Cards, yes done

 

You may use a CPR part 18icon request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason. ??

 

If you require CPR Part 18 - this will need to be drafted specifically. - ??

If you are not planning on defending for one reason or another

– then you will need to complete an Income and Expenditure form

and contact the Solicitor with your proposal.

The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form - N/a as defending

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted. N/A

No payments sent after Dec 2008

certainly not whilst she has been in a new relationship since january 2009, to date,

no letters sent, received as she had several new addresses, until recently,

 

 

we think they found her after she started paying a new car insurance over an 12 month period,

hence credit check on their part.. and found out her new address.

Whatnot..

Link to post
Share on other sites

I'd see what if anything the CCA request returns.

 

 

then p'haps file the SB defence

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Well, it is as i expected 1st credit have sent me statements of MY business debt, not that of my DD, i sent the SAR CCA act to them 23rd April stating Claim No in the name of DD..

 

interestingly no credit agreement, default ect ect....

 

However i am trying to defend as above DD claim which defence is due shortly, btw i've not heard from the Court re AOS?

 

I prose to defend that they have not served me with said docs and SB debt

 

any advice would be welcome, thanks in advance.

Whatnot..

Link to post
Share on other sites

Your timeline is..

 

Issue date 17.04.2015 + 5 days for service = 21.04.2015 + 14 days to acknowledge = 05.05.2015 + 14 days to submit defence = 19.05.2015

 

 

You wont hear from the court regarding Acknowledgment of service - did you do this online ?

 

You seem convinced that this is statute barred - you advise that no payment or acknowledgment of liability has been since mid 2008 - if this is correct then you can go ahead and submit the following defence now. If you are not sure, then please wait for Andyorch to comment.

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

Only add the sentence below if you are submitting by post

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi CitizenB

 

Thank you, I can confirm no contact has been made in the last 6 years, no payment or recognition of debt, due to two change of address and possibly change of DCA?

 

I sent the AOS via signed for post, and will submit defence by same, to go off by Wednesday 13/ 5

 

Anything else i should look at?

Whatnot..

Link to post
Share on other sites

Hi CitizenB

 

Thank you, I can confirm no contact has been made in the last 6 years, no payment or recognition of debt, due to two change of address and possibly change of DCA?

 

I sent the AOS via signed for post, and will submit defence by same, to go off by Wednesday 13/ 5

 

Anything else i should look at?

 

Why are you sending it by post and did you actually send the AoS to the court and NOT the claimant's solicitors ?

 

If you are sending by post then please do use either Special or Recorded delivery and keep the receipt.

 

If you are using the SB defence, I don't think there is anything else you need do.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I think MCOL has been down more than up in the last +10days

from reading other claim threads

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ah righto, thanks dx :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi again,

 

This Morning i've received a letter from the court to say the claimant has been sent a copy of DD SB defence,

it says claimant may contact me directly to resolve any dispute, and that if it cannot be resolved informally they will contact the court to proceed,

and the court will let me know it that happens,

 

 

further the claimant has 28 days and after that period has elapsed the claim will be stayed,

and if so the claimant will have to contact the court to have the order lifted.

 

Wait and see, i guess..

 

All very well except 1st credit think they are dealing with (MY) HSBC business debt, not the debt they are actually claiming for..

ie old M+S Credit Card - prob SB'd and NOTHING to do with the other..

 

..help please

Whatnot..

Link to post
Share on other sites

I wouldn't worry too much.

 

 

whatever they do, they'll need to respond

then it can be pulled apart if they've the wrong paperwork

for a different debt than that on the claimform.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hello again

 

I ve received a letter from HM C&Ts acknowledging DD defence, copy going to claimant solicitor, it says the claimant may contact you directly to attempt to resolve any dispute and if a resolution cannot be found informally the claimant will inform the court he wishes to proceed - at which time the Court will inform me of what will happen.

 

Where (he) wishes to proceed the claimant has 28 days after receiving the copy of defence and after that period has elapsed and stayed and after that the claimant will have to apply to the Judge for an order lifting the stay.

 

Standard stuff i expect, still concerned my Business debt has got confused with the DD debt? and they think they got a case against her, which is not the correct at all..

 

Thanks

Whatnot..

Link to post
Share on other sites

If they are stupid enough to process

It could be laughable

 

Unless you put your name on the CCA/CPR & not the defendants?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What does DD mean please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok ta was thinking that

 

 

you signed a CCA request?

 

 

dx

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

can I just check something please

 

 

did you send this CCA request

 

 

and not an SAR?

 

 

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you,

 

i'm certain sure i sent the CCA to 1st credit and a CPR to Moon Beever with Without Prejudice SB letter dated

and signed by me signing for DD quoting case No. Name and address, same as court claim,

noted i was signing for her and they managed to reply to me but quoted DD name and ref No.

 

I have no claims at court,

1st credit /moorcroft have been leaving me alone lately,

as i earn next to nothing and have no assets what so ever..

 

 

they have my budget sheets, so unlikely to pursue, me thinks:|

Whatnot..

Link to post
Share on other sites

Hello again,

 

Received a letter from 1st Credit to say that they serving Notice of Change of Legal Rep to 1st credit (therefore inhouse) and that they are applying to M & S for documents relating to the account and they will would provide them to me in due course.. (finally caught on to the fact they were after the DD and not my business debt i guess)

 

So, presumably within the 28 days set out in the previous letter from Court, otherwise case is stayed, correct?

 

As I had previously only advised the solicitors acting for the claimant but not the actual claimant of the SB defence should I now do so?

 

Many thanks in advance..

Whatnot..

Link to post
Share on other sites

std crap

 

 

let it run.

 

 

the case will be stayed after 28days yes

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...