Hello all,

I have received a claim from 1st Credit in regards to an alleged Lloyds TSB Loan.

Unfortunately the claim form came whilst I was on Holiday and so I have missed the date in which to respond.

As advised by your Set Aside section, I have contacted both the court, and their representative.

Whilst it bugs me to pay the Application fee (as I had no chance to respond) I want to still defend this.

So any advice will be appreciated.

Just to advise, I have not sent any letters as of yet, however, I did a SARs a year or so ago and so have a lot of paperwork that may be helpful.

Name of claimant: 1st Credit (Finance) Ltd.

Date of issue: 03 Aug 2016

Date of acknowledgement was the 22nd,

I never seen the letter until the 25th and logged straight into acknowledge but judgement had already be served (23rd).

What is the claim:

The claimant is the assignee of a Lloyds Bank PLC debt in the sum of xxxx assigned on the xx/11/15. The statutory notices were sent to the defendant.

The debt is a loan account first opened by the original creditor on or about xx/xx/2010 under the reference xxxxx. The defendant used the credit facilities.

On the xx/xx/2012 the account defaulted with an outstanding balance of xxxx.

The claimant and its predecessors in title demanded repayment of the sum due.

In breach of contract the defendant failed to repay the sums due.

What is the value of the claim? around 9,000 including their costs and fees.

Claim is for Loan and was entered into after 2007

It has been assigned and it is the 1st credit issuing the claim.

I received a chasing letter from 1st credit advising that the debt had been assigned with a copy of an suspect notice of assignment from Lloyds TSB.

The reason I say it is suspect is that the address has extra letters in,

which are then replicated on the 1st Credit Letter

- almost as it had been printed from the same details.

These letter have never been on any letters from Lloyds.

Did you receive a Default Notice from the original creditor: Not that I can recall, I know I never received the annual letters for two years of so.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think these maybe the letters I refer to above. I never received for two years then they were sent. I do not have the date they were last sent but I can find out.

Why did you cease payments? Serious debt issues, I lost job, and then went self employed, then had a knee operation.

What was the date of your last payment? Nov 2011

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

I advised Lloyds numerous times I was struggling and in financial difficulties, but they kept hitting me with charges. Late payment, charges, then taking money from my overdraft, taking me over my planned O/D resulting in more charges.

What you need to do now.

I have a copy of the CCA - however, I am not sure on what information I should receive as part of this req

I will Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. Request 1 - Loans/Credit Cards

Thanks in advance

poss might be an idea to find out if you have a credible defence before paying the £255 fee?

a take out date of 2010 will almost guarantee they will be able to come up with enforceable paperwork

and anyway they can use a recon if necessary

but even if there is a paperwork issue, that's not a reason for set aside as the judgement sadly trumps any need to now produce any paperwork.

you might be able to wriggle that the sum judged contains substantial penalty fees and p'haps PPI,

but I doubt that will remove much of the balance and I've not seen a side aside succeed on that basis.

how much was the loan originally for

and what was the PCM

and when did you stop paying?

total up your payments made and deduct those from the claimed sum

Moon Beever sols?

I received a chasing letter from 1st credit advising that the debt had been assigned with a copy of an suspect notice of assignment from Lloyds TSB.

"The reason I say it is suspect is that the address has extra letters in,

which are then replicated on the 1st Credit Letter

- almost as it had been printed from the same details.

These letter have never been on any letters from Lloyds."

It isn't a suspect NoA it most likely has been supplied by 1st credit. The bank allows the buyer to use their name to supply the NoA's which is why many people seem to think the purchaser is forging the NoA they aren't. Who supplies the NoA will be in the debt purchase agreement.

As long as a NoA is provided it doesn't actually matter which party provides it.

Here's an article on NoA's from the "other side" as it from Restons.

http://www.restons.co.uk/index.php?id=33

Thank you for your responses so far.

Taken out date: 23/07/2010

Original loan was for 10k over 48 mths - total of £12,274.08

monthly repayment was £255.71

I made 13 payments in all,

and had a holiday month which they charged interest on.

IN total I paid £3324.23 and £1609.63 had been added to the account in interest.

The last successful payment was made in August 2011 and they closed the loan in May 2012.

One of the reasons I wanted to defend this is that I have never had a default letter,

whether this has any grounds I don't know.

As part of my Sars I received details of all contact sessions and it does not mention being defaulted.

Is there anything in the CCA I should be looking for which may help me?

what about the date the loan was signed by the Lloyds?

I know I am plucking at straws.

Thanks again

Also I noticed you mention Moon Beever Sols... is this a recommendation?

Also, on my Noodle credit report all history for the Lloyds account has disappeared.

Is there any way I can obtain this, and is it worth joining Experian or will it be the same info?

update:

I have found my "my credit tracker" credit file.

In the file it states that the default date of this account was May 2012.

In the information/notes provided in the SAR there is no mention of a default ever being raised or a copy of this letter.

moony's are usually the sols 1st credit use!

the comms log should have a record of the DN being sent

they are not required to hold a copy

however paperwork wriggle mean nothing

they have judgement - nulls the need

sadly unless anyone can see anything I cant

I cant see a credible defence to got with the set aside

Okay, well thank you for your help and advice on this matter. If the judgement had not been granted, and I had managed to acknowledge it, would I have had any grounds for a defence?

well yes as per std practice it would have been a cca request and a cpr 31:14

hoping that the claimant failed to supply enforceable paperwork

im not 100% legally minded await others to comment

don't for get its b/holiday week etc so others may be a bit busy and away.

if you get nowt by midweek i'll alert the thread.

dx

I was just bumping this out of hope there anyone else with an opinion on this.

By the way DX thank you for your assistance and help with this matter.

Gerard you state that the acknowledgement of service should have been submitted by by 22nd August..I make that 21st August were as the date on the claim form is day 1 which is included in the 19 days (14 + 5 service).

You state that judgment had already been entered on Money Claim On Line dated 23rd August.

Default Judgment

Conditions to be satisfied

CPR12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

Regards

Andy

Thank you Andy and DX for your assistance with this matter.

It bugs that the reason for failing to provide an acknowledgement of service was because I was away on holiday, however, life will go on.

Thanks again

are you going to apply for set aside?

Hi all,

I hope I have posted this in the right place and I apologise if I have gone a bit war and peace here, but I wanted to try and give a bit of back ground on my situation.

As it stands the debt is a CCJ,

I did post previously,

but I had missed the time frame to challenge/defend it as I was away at the time.

A few years ago (2010) I had a change of circumstances, job, living arrangements, etc and so up a few debts.

In order to consolidate these I took out a loan with Lloyds Tsb for £10,000.

At the time I had just started a new job and was classed as self-employed.

My new job was commission only and with some slow months sales wise and the time taken to get payment on completed deals

I soon started struggling with payments, and got into a vicious circle with Lloyds, if I missed a payment they would charge me, then a few days later take it from my current account (held with them) taking me over my planned overdraft, hitting me with further charges, interest, etc.

I advised I was experiencing financial difficulties but it took a few months before they suspended forcing money from my CA and charges.

Jump to the present day and admittedly a few years of burying my head, debt being sold to 1stcredit,

I came back to a letter from Northampton county court, but unfortunately, the time frame had passed for a defence/response and a CCJ had been filed.

I was so annoyed with the CCJ letter (not making an excuse) I didn’t read it properly or respond with a breakdown of my income etc and have since received a letter from the courts asking for a breakdown of my income, a visit from a HCEO (Bailiff).

I was hoping for some advice on how to take this forward.

I have spoken to a lady at the courts who says I should take it back to court if I am not happy with it and to contact the CAB and also the claimants Solicitor.

My main questions are;

Is it worth me trying to take it back to court, was it irresponsible lending? Bad practice with the circle of charges and interest?

If not, what is the best advise to arranging to pay this back.

My finances are still recovering and I am now looking to try and sort out my credit history

Can 1st Credit still keep applying charges/interest?

What are the chances of getting the outstanding total reduced?

Can I find out how much they paid for my account?

A separate issue, the HCEO in charge of my account, turned up at my house without prior warning (I live with parents) and posted an unenveloped letter through the door, it was picked up and read by my mom, so maybe a breach of data protection.

Also, I have checked the bailiffs register and he is not on there?

I understand it is minor but it really annoyed me and caused a bit of grief with my parents

– they shouldnt be allowed to do this.

Is there anything else I need to know, routes of getting it sorted etc.

Many thanks in advance, I am not trying to excuse my handling of the problem so far but would like to get it addressed and move forward.

Thanks

If you believe you could successfully defend this alleged debt in court then you should apply to have the ccj set aside, using forn N244 and pay the £255 fee, unless you qualify for fee remission (see form EX160A for details on fee remission)

old and new threads merged.

dx

are you sure it was HCEO?

who are they name of company

Thanks Dx100uk, apologies for starting a new thread.

I am pretty sure it is a HCEO, the letter was from HM Courts and Tribunal Services, letter was a template letter with the details hand written. The Bailiff was from the Court. The credit agency is 1st credit (Finance Ltd). I hope that I have answered your question.

thanks

Thanks Martin.

I don't know if I could successfully defend it? Is there anything you can see from my post which I may be able use? what is common practice?

Thanks

Its not hceo its the court bailiffs they are nice Guy's

Well I suppose that is some consolation ha ha.

Do they need to be registered though and can I pull them up on their practice and lack of Data protection?

And

do you have any suggestions on the situation in terms of defending the situation or if not, what is the best way forward? thanks

you say you've got all the statements?

Afternoon Dx100uk

Sorry if I am being dumb, but what do you mean by statements? Is this the monthly statements of the loan?

I am pretty sure I carried out a data access request two years ago, so in theory I should have everything.

yes and yes I saw

So what do I do with these, is there anything I should be looking out for?

I also have copies of the agreement I believe, although these look reconstituted.

well for the minute surely you need to get a payment plan running as theres no credible set aside reason?

have you started this process?

the reason I asked about statements was how much of this debt is unlawful penalty fees. ppi etc

you could reclaim from Lloyds.. to offset the amount.