all emailed as per instructions last night

*UPDATE*

Letter received from the courts 19th april 2017 acknowledging the claim .

I have received last week copies of documents from Leicester Aldridge with a letter saying

Our Client 1st Credit finance

Please find documentation from original lender as requested .

in addition we write to acknowledge the receipt of your defence filed of which our client will be dealing with direct.

These are the documents received

returned docs1.pdf

so where are the T&C's they refer too - 2003 booklet

that's a PPI application form and a credit agreement with not all the prescribed terms on the page either

and I see theres +£1700 PPI to reclaim afterwards too!

Letter received on 31st may (I was on holiday ) hence my just posting .

1st credit enclose a notice of change of legal representative. Themselves .

It then goes on to say they have reviewed their defence and they will more formally respond

but feel able to address the matters I list .

They attach a copy of notice of assignment sent 5th December 2014

I requested a copy of the agreement Feb 2015 (copy enclosed) .

you were sent the copy agreement and payment history under cover of letter dated 19th march 2015 (copy enclosed,) the very same documents were sent to you on the 29th April 2017 by Leicester Aldridge .

We have searched our own file of Leicester Aldridge and cannot trace a s77/8 request

however we have complied with the request for the agreement and payment history and we provide above the evidence of our right to claim payment

Generally we are unable to reconcile the filing of a defence with the fact that you provided us with not only a completed I/e form but a completed and signed standing order mandate for payments of £20 per month .(copy enclosed)

We ask you at this time to reconsider your position with this claim .

We are attempting to avoid further time and costs being expended on the matter anelement of which would be claimed against you and possibly added to the claim

.the claim is already stayed

Aware willing to consider an order (called a Tomlin) whereby the claim Would stop at its present stage and the court would order instalments to be paid .

While it would allow for judgement for non payment it would not be a county court judgement in the first instance the claim would be capped at say £2700.00 so that the balance would fall by the amount of any agreed instalment .

We would be very happy to discuss this letter with you .

if we do not hear from you within the next 14 days we shall make an application to restore the matter and will proceed with an application for judgement to the justice centre .

Any advice please

ignore - the claim is well stayed

if they want to progress the claim

then it'll cost them money to lift the stay

and the COURT will write and tell you so.

until then

what you get from 1st credit is purely willy waving

to unnerve and unsettle you.

go enjoy your life

" Generally we are unable to reconcile the filing of a defence with the fact that you provided us with not only a completed I/e form but a completed and signed standing order mandate for payments of £20 per month .(copy enclosed) "

Is that true ?

Yes Andyorch it is true they did send me a copy but it's not from recently think it was 2015

but they have never collected payment?

Yes but then I must've stopped it .why do you ask ? Is it important?

Just trying to establish the last payment date as you never completed the CAG Link in full...but I see DX got the date eventually ...2015

Received in the post today a copy of the application to lift the stay from the court .this was do e on the 18tn of august I need to file the questionnaire by the 4th September please advise .

Easy to complete...yes to Mediation yes to Small Claims Track and name your local county court...1 witness ...you....the rest are self explanatory tick boxes.3 Copies one to court one to claimants solicitor and 1 for file.

Obviously not well stayed as expected by dx100uk though! Will we have to go to court now or negotiate with them before this happens ?

quote the whole of my post please

not one line..

yes it was well stayed

didnt say they couldn't do anything with it though

even told you what could happen..

"ignore - the claim is well stayed

if they want to progress the claim

then it'll cost them money to lift the stay

and the COURT will write and tell you so.

until then

what you get from 1st credit is purely willy waving

to unnerve and unsettle you.

go enjoy your life"

still doesn't mean its going anywhere near a court just because you've an N180 either.

if post 27 is the only paperwork they have

they aint going nowhere near a judge with it.

they've gambled you'll panic and crumble as they got a scary court form sent to you.

it was from the court wasn't it..!!

not from 1st crapit.??

If you could expand on the application n244...is it purely to lift the stay and proceed ? strike out your defence/request summary judgment ?

The form is an application form stating that they ask that the stay be automatically imposed by virtue of paragraph 5.3 (3) of the production centre practice direction to be lifted

eh?

That's what's written on the n244 form when I get a chance I will photocopy and post it up on here

yes, a claim gets auto stayed under the para you mentioned if a claimant doesn't respond in time.

they have now applied (via n244 you say) to lift that auto stay.

so its not a directions questionnaire form you have received?

or has the lift already been granted and you are now at directions q stage.

andy's post #40 needs answering

Sorry for the long delay

I think the stay has been lifted

however the mediation people contacted me and with two days notice for mediation

I wasn't happy but said if that's the only time the op could do it I would be happy to proceed .

they went on to say that they hadn't gotten in contact with them they had tried but weren't getting a reply.

They said they would try again the next day which they did but still didn't get a reply from them ( telephone call ) .

I then received a letter saying it would be transferred to my local court as mediation hadn't occurred .

This was a month ago and I've still not got a court date !

Check with your local county court ...ask if a Notice of Allocation has been issued yet?

Andy

Got the notice of allocation for this and need to provide a witness statement regarding this .

Only evidence /documents are those I've uploaded earlier in the post

im presuming my witness statement is that the documents are not compliant with what's needed to enforce this claim .

Am I correct in thinking this .

what date is the hearing please

post 76 here as a guide

https://www.consumeractiongroup.co.uk/forum/showthread.php?469861-PRA-GROUP-claim-form-old-provident-loan-debt/page5

No date given I rang them and the witness statement is being looked at on the 2nd Jan . Mediation taking place on the 11th Jan

no somethings wrong here

WS comes after/if mediation takes place.

scan up the NOA

read upload