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speedqueen76

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  1. Hi I had a look through a number of posts, but the majority were related to receiving application forms instead of a credit agreement. Is it best for me to make a full and final offer now or should I wait?
  2. Hi Not quite sure what to tell you - I'm definitely not withholding any information. In short (as per the transaction statement), I took a loan out with M & S for £15k in 2008. Got into financial difficulty in 2010 and due to a number of missed/late payments BCW made contact with me and told me that I had to deal with them (I can't remember the exact wording of their correspondence, but I was under the impression that they owned the debt) In 2011, I went on maternity & agreed to pay £40 per month, which I was paying until May 2014 when I went on maternity again and so stopped making the payments. I then received a letter from Marks & Spencer in Jul 2014 saying the loan was now owned by 1st Credit and there was also a letter enclosed from 1st Credit. I thought it was a bit dodgy because the letter from Marks & Spencer was on letterheaded paper, but the letterhead looked liked it had been lifted & photocopied (both letters are included in post with the attachment). I assumed, it was BCW pulling a fast one. May 2008 - £15k loan from Marks & Spencer. Q4 2010 - BCW made contact and said I was now to deal them and make an arrangement to pay. An arrangement was made, and I stuck to it until I went on maternity again in 2014. May 2014 - I stopped making payments to BCW. Jul 2014 - I received letters as per my attachment from Marks & 1st Credit. Nov 2014 - after several letters from 1st Credit, I received a letter from Moon Beever threatening court action. Dec 2014 - served court papers from 1st credit.
  3. Ok, so should I call them to discuss and point the above points out to them or is it better to write to them? Ultimately, all I want is a reduced settlement of no more than 30% of the balance and no ccj. I really appreciate all your time and effort. Thanks
  4. Hi I submitted my defence as per the post above on the 31/03/15, I received an acknowledgment letter from the court dated 01/04/15 advising that a copy of my defence was being served to the claimant. What do I do now? I have no issue with making an arrangement to pay the debt, I just don’t want a CCJ filed against me. Please help. Thanks in advance
  5. Hi Apologies for the delay in my response - the past fortnight has been manic. I'm not quite sure what amendments I should be making apart from to add the name of the solicitor??? Do I need to provide any other information? I consider myself to be well educated, but the legal terminology being used is mind blowing. Am I ok to use the below as my defence: Particulars of Claim 1. On 21/05/2008 the Defendant entered into an agreement for a loan with the original creditor under Ref No: xxxxxxxxxxxxx. 2.On 16/11/2010 the Defendant defaulted on the agreement with an outstanding balance of £16,4xx.xx. 3.On 19/06/2014 the debt was assigned to 1st credit (Finance) Ltd in the sum of £15,1xx.xx, by the creditor. A Statutory Notice of Assignment was sent to the Defendant AND 4.THE CLAIMANT CLAIMS 1. The sum of £15,1xx.xx 2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 19/06/2014 until Judgement or sooner payment 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon On receipt of this claim, I requested information pertaining to this claim from Moon Beever by way of a CPR 31.14 and a section 77 request. Therefore with the courts permission the Claimant is put to strict proof to:( a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974 .6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thanks
  6. Yes, it was a formal CCA request, but mine quoted sections 77 - 79. However the content was almost identical to one that I have just found on this site. This was sent to them on the 10th Jan, but to date I've received no documents
  7. Yes, I sent a CCA request and CPR request with a £1 postal order to MoonBeever, because the claim form said all correspondence was to go through MoonBeever. However to be on the safe side, I also sent a CCA request and £1 postal order to 1st Credit.
  8. The only response I have had since sending a request and postal order to both MoonBeever and 1st Credit was a letter advising that Connaught Collection no longer existed and my account was now being handled by 1st Credit Legal Dept and then a further letter advising that no further action would be taken against me whilst 1st Credit Legal obtained the documents I had requested from the original creditor. As an aside, I'd like to make a donation, is there a minimum amount and do I need to specify who I goes to?
  9. Hi I've contacted the courts and nothing has happened since my confirmation of my intention to defend. They advised submitting my defence asap. Not sure what to say, apart from that when I asked for these documents prior to the claim from 1st credit, I received nothing and the next thing I had was the court documents. Do I need to approach this in a more legal way?
  10. All I've done thus far is to create an account, and log my intent to defend all (leaving juris unticked). I sent off for all the relevant documents, but to date have received nothing apart from acknowledgment of my document request.
  11. Hi Thanks for your reply. Not quite sure what you mean by it's stayed and what's the SB clock? Apologies for asking so many questions
  12. Hi I'm not quite sure what to do now. I logged my intention to defend the claim with the courts, requested my CCA, CPR, Default notice, notice of assignment... from MoonBeever and 1st Credit. To date I have had nothing but two letters from them - one on 8th Jan to advise that Connaught Collections will cease to exist and my account will be managed by 1st Credit's legal department; the second was dated 12th Jan from 1st Credit Legal Department advising that they have requested a copy of my credit agreement and statements from the original creditor, and will forward once in receipt. It also states that " in the interim we confirm that this matter has been placed on hold, and that no further action will be taken against you by us, in respect of this matter, until the information has been provided." Not quite sure what to do now? Do I chase for an update or hang fire? Also the default that relates to this debt, reaches its sixth year in Nov16, does this mean that because the debt is still outstanding, they can keep it on my credit file indefinitely? Is the debt still enforceable after this date? Thanks in advance
  13. Name of the Claimant - 1st Credit Finance Ltd Date of issue – 23rd Dec 2014 What is the claim for – On 21/05/2008 the Defendant entered into an agreement for a loan with the original creditor under Ref No: xxxxxxxxxxxxx. On 16/11/2010 the Defendant defaulted on the agreement with an outstanding balance of £16,4xx.xx. On 19/06/2014 the debt was assigned to 1st Credit (Finance) Ltd in the sum of £15,1xx.xx, by the creditor. A Statutory Notice of Assignment was sent to the Defendant AND THE CLAIMANT CLAIMS 1. The sum of £15,1xx.xx 2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 19/06/2014 until Judgement or sooner payment What is the value of the claim? £16,3xx.xx Is the claim for a current or credit/loan account or mobile phone account? The claim is for an Marks and Spencer unsecured loan When did you enter into the original agreement before or after 2007? Original agreement was from May 2008 Has the claim been issued by the original creditor or was the account assigned the Debt purchaser . When I originally defaulted, I was paying an agreed amount to a company called BCW. However, I was made redundant at the end of 2013, and then had a baby in January 2014, stopped making payments to BCW in May 2014 due to affordability and post natal problems. I then started receiving endless calls, texts and letters from 1st Credit. Were you aware the account had been assigned – did you receive a Notice of Assignment? 1st Credit sent me a letter that they said was from M & S, however the letterhead, looked like it had been lifted from another document and photocopied onto the letter that was sent to me, I was dubious as to whether it genuine, given that there was no mention of BCW, who were the company who I had been paying money to since defaulting. Did you receive a Default Notice from the original creditor? I can't remember, but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No - I have received nothing from either Marks and Spencer or BCW. Why did you cease payments? Affordability due to redundancy 2013, and being on maternity until Nov 2014. What was the date of your last payment? April 2014 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 management plan? No, because I was dealing with BCW. The payment for May 2014 didn't go through, and I was in no fit state to do anything about it at the time. I did however speak to 1st Credit, after they sent me a letter stating who they were. Prior to this we had been going round in circles, with me refusing to confirm my details over the phone (as I did not know who they were), and them refusing to tell me what they wanted because they needed to take me through security. In the end, they sent me a letter in July 2014, I called them and asked them to send me a statement of what I had paid to date, as the balance seemed high. They sent written confirmation in Aug 2014 that the account would be put on hold whilst they fulfiled my request. To date I have received nothing apart from a letter in Oct 2014 saying that they had written to me on several occasions with no response from me, and stating that my account had been passed to Connaught Collections. I wrote back advising that I was still waiting to receive a statement of what I had paid. I then received a letter from Moon Beever in Nov 2014 requesting the full amount on behalf of their client within 16 days or their client may issue court proceedings. Once in receipt of the statement (which I thought would prove that they actually owned the debt), I had intended to make an offer of payment for approx £200, but unfortunately, I received the claims from after Christmas. If possible, I really want to avoid a CCJ, please advise if there is anything I can do? Thanks in advance.
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