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anotherflipper

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About anotherflipper

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  1. Ok submitted it on 7th August so got me there, guess Ill have to wait and see now. Cheers Another Flipper
  2. Ah ok, so do I need to resubmit this defence with this change or is it too late? Have you altered my original post to be correct when you say " check it now " ? Hope I've read this correctly Am I right in thinking if they come up with the paperwork Im done for? Thnaks for your time folks I appreciate it. Another Flipper
  3. Hi folks, so I sent off the letters for CPR and CCA as advised, I had to defend the CCJ as expected by the date as below 7th August. The defence I submitted was as below, I then received a letter from NCCBC to acknowledge the defence, they said " claimant may contact you to resolve" etc, If "dispute cannot be resolved claimant will proceed with case", "claimant must contact court within 28 days" etc. I then received today a letter from 1st credit saying " we enclose a notice of change of legal representative by way of service upon you. We have applied for the historical documentation and will write to you again on receipt." With it was N434 form filled out changing legal rep. from Walker Morris to 1st Credit. What should I do now? Scared to death of getting a CCJ as will never get out of debt if that happens, will stuff my job! Thanks for the help I received so far. Another flipper. Particulars of Claim 1.On 07/10/2008 defendant entered into agreement for CC with original creditor under Ref No. 52xxx35xxx245 etc 2.On 16/04/2013 defendant defaulted on agreement with balance £3462.23 3.On 21/11/2014 debt was assigned to 1st credit finance for above sum Statutory Notices of assignment were sent to defendant And the claimant claims 1 The sum of 3635.51 2 Stat intrst pursuant to S.69 County Courts Act 1984 at 8% per Annum from 21/22/2014 until judgement or sooner payment The claimant claims interest under section 69 of County Courts Act 1984 at rate of 8% a year from 21/11/14 to 06/07/2015 on 3462.43 and also int at same rate up to date of judgement or repayment at daily rate of 0.76 Total claim - £3820.51 Defence Submitted - The defendant contends that the particulars of the 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. 1.Paragraph 1 is accepted that in the past the defendant has held an agreement with the original creditor to provide credit card service. 2. Paragraph 2 is denied, the claimant has failed to issue any default notice, notice of sums in arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA 2006 amendments. 3. Paragraph 3 is denied. The defendant has no receipt of a notice of assignment from the claimant pursuant to the Law of Property Act 1925. Therefore, the claimant is to put strict proof to: a) Show how the defendant has entered into an agreement with the claimant and; b) Show how the defendant has reached the amount claimed and; c) Show any evidence of the service of notice of sums in arrears and; d) Show how the claimant has the legal right, either under statute or equity to issue a claim. 4. As per the Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that money is owed. 5. On the alternative, as the claimant is an assignee of a debt,it is denied that the claimant has the right to lay a claim due to contravention a of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. The defendant made a legal request by way of Section 78 to the claimant. The claimant has responded stating that they do not hold the information on file.The claimant has therefore failed to comply with the Section 78 request and are unable to claim relief until compliance. The defendant also made a CPR 31.14 request to the claimants solicitor to obtain information pertaining to the claim. The claimants solicitor has not yet responded. 7. By reason of the facts above it is denied that the claimant is entitled to the relief claimed, or any relief.
  4. Thankyou very much, Ill get to it now, will post response when it arrives, huge thanks again, anotherflipper
  5. Ok will do, I have prepared the CCA form to send and the CPR31.14 also will send off tomorrow. Am I right in thinking that I need to send one of the other forms back now to ensure its within deadline ie. N9, N9A, N9B ?? Or do i wait for the response to CCA request etc before deciding what to send?? Thank you so much for your time and help, Anotherflipper
  6. Hi, thanks for the help, now that 1st credit have taken over the debt I can't see -using noddle - when the last payment was. But I expect it was 2013 just after my accident. If its relevant - I don't want to avoid paying things altogether, just hoping to agree something other than a CCJ so that it doesn't all go to pot. I have requested the temp payment arrangement through step change and I have only recently began to work full time hours so my situation has changed, but that said if it goes to judgement according to step change it will likely be the exact payment im already offering if that makes sense. I thought they were supposed to make every effort to resolve outside of court action in order to comply with CCA, particularly as I am more than willing to do so, is this not unfair treatment? I don't know. I just thought when a debtor was willing and able the CCJ was last resort. Thanks for your help, Anth Flip
  7. Thanks for the fast response CitizenB, ok then - Claimant - 1st credit (finance) limited Date of issue - 08 July 2015 Particulars - On 07/10/2008 defendant entered into agreement for CC with original creditor under Ref No. 52xxx35xxx245 etc On 16/04/2013 defendant defaulted on agreement with balance £3462.23 On 21/11/2014 debt was assigned to 1st credit finance for above sum Statutory Notices of assignment were sent to defendant And the claimant claims 1 The sum of 3635.51 2 Stat intrst pursuant to S.69 County Courts Act 1984 at 8% per Annum from 21/22/2014 until judgement or sooner payment The claimant claims interest under section 69 of County Courts Act 1984 at rate of 8% a year from 21/11/14 to 06/07/2015 on 3462.43 and also int at same rate up to date of judgement or repayment at daily rate of 0.76 Total claim - £3820.51 Original creditor - Halifax CC Wasn't aware of assignment but was aware of new company ( first credit ) hassling with phone calls for money. Ceased payments due to absolute lack of funds in order to pay priority debts ie. mortgage, gas, elec etc unsure of date of last payment. No dispute Clearly communicated financial problems to original creditor, attempted payment arrangements but couldn't keep up Went to 'step change' to seek advice, completed income/expenditure forms with stepchange, sent this along with token payment offer to halifax and eventually twice to first credit but received no response from either. I had no other intention than that of repaying the debt when my income allowed - hence approaching stepchange for guidance on how to best proceed. Was always willing to negotiate terms etc but no response received via step change. My income / expenditure shows I have no available money to pay any more than £1 token payment per month. If I receive a CCJ my income will likely be directly affected as it depends entirely on my business, which relies heavily on accounts with suppliers, phone contract, van lease etc. I will then likely not be able to keep to the terms of a CCJ. I have 2 kids, mortgage with no equity and own business. Hope this is everything needed, thankyou so much for your time, best regards, another flipper
  8. Hi all, fantastic to see so many people bunching together to get some fair play out of the system. I injured my back 2012 and consequently struggled to keep up with credit card debt, couldn't keep up with offered payments from halifax so gave up. Have received calls letters from first credit in the last year or so. Have twice sent my step change papers asking for time to pay and temporarily offering £1 per month but have received no response or acknowledgement. Yesterday received the claim form, debt approx £3800. I need to avoid a CCJ at all costs but can't get the money together to pay the whole amount in time to avoid it, I work as a builder and accounts for suppliers, phone contract, van lease etc etc will be gone if I can't avoid it so may as well just give up. Any advice as to how I could get past this would be hugely appreciated!!!!! regards Another flipper Also worth adding I have received all sorts of letters offering different payment options but no letter to say they were going to take me to court if I didn't agree to one. No warning. J ust bang CCJ papers claim.
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