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1st Credit LTD Claim Form

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I was wondering how would you know if a DCA has the authority to collect any debt. Can you advice what can be done please?

 

I CCA them and was sent an application form with signature, it that sufficient for them to proof ownership of the debt?

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Moved to Debt Collection Forum


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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You should have received a 'Notice of Assignment'.

 

Can you scan the CCA & post it up after removing all identifiers including barcodes?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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How old is the debt? When was the last time you made a payment? and unless they've been assigned the debt then they have no 'authority' to collect your bin let alone an alleged debt.


I reside in Dawlish Warren but am not a rabbit.

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You should have received a 'Notice of Assignment'.

 

Can you scan the CCA & post it up after removing all identifiers including barcodes?

 

Hi Cerberusaler, Pardon my ignorance, what is a Notice of Assignment? Is it something they would received from the original creditors to say they authority to collect any debt etc?:confused:

 

I will try and scan the CCA later today after work..

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How old is the debt? When was the last time you made a payment? and unless they've been assigned the debt then they have no 'authority' to collect your bin let alone an alleged debt.

 

Hi Deb T,

 

Possibly 4 to 4 1/2 yrs.....

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A notice of assignment (NOA) will normally be sent to you by the Original Creditor (OC) to inform you that they have farmed their dirty work to such and such company to collect on their behalf, and possibly in the same envelope, on the same paper with the same type face, ink, and layout etc, will be a letter from said company informing you that they have permission to collect on behalf of the OC.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Typically it's a creditor transferring them as the collecting agent to another agent/dca stating that the debt has been assigned for them to collect. It should usually come from the original creditor but in some cases a dca will send one

 

Typically it's a sparsely populated document, similar to the below link

 

Notice of Assignment of Debt to Debtor

 

If you have one/receive one you should post it here for others to take a look at as to it's legality. (taking care to remove your details including ref numbers and any barcodes)


I reside in Dawlish Warren but am not a rabbit.

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Typically it's a creditor transferring them as the collecting agent to another agent/dca stating that the debt has been assigned for them to collect. It should usually come from the original creditor but in some cases a dca will send one

 

Typically it's a sparsely populated document, similar to the below link

 

Notice of Assignment of Debt to Debtor

 

If you have one/receive one you should post it here for others to take a look at as to it's legality. (taking care to remove your details including ref numbers and any barcodes)

 

I never received anything like from OC or DCA?

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I need some urgent advice please... I received a claim form Northampton CCBC (claimant 1st Credit ) via their solicitors Judge & Priestley... On the form it said The Claimant claims the sum of £xxxx for debt and interest. The defendant was indebted to xxxxxx for credit advanced. The debt was assigned to the claimant . Noticec of assignmetn was given to the defendant AND the CLAIMANT CLAIMS

 

1. The sum of £XXXX

2. Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum for 9/11/06 to 18/10/10 £xxxxx. & thereafter at a daily rate of 0.81 until judgement or sooner payment.

 

It also includes Court Fee of £85.00 and Solicitors costs of £80.00.

 

Can you advice what I need to do urgently please as I don't have long to response to this.

 

Just so you know... I never received any notice of assignment letter they mentioned.

 

Regards

 

SM

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Have you got any background on this (ie;a previous thread ?)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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2 threads merged-but unsure if any of your other threads give background to the origins of the claim-can you please give a brief outline so we can advise ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Try not to panic too much, when was this issued and have you responded to it yet? I believe you can do this online AND I am assuming you are going to defend this? If so this will give you a further 28 days, if you requested a CCA and they failed to provide, did you tell them you disputed the account? Regardless you MUST reply to this within the time scale given, AND defend it, you should send them a CPR 31.14 request which will allow you to view what evidence they are going to rely on in court.

But 1st things 1st acknowledge receipt.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes absolutely acknowledge-you have 14 days to do this-so no panic for the moment.

Not so sure on the CPR 31.14-I think we have revised guidance on this.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have you got any background on this (ie;a previous thread ?)

 

 

No, I do not have any other thread regarding this. If I understood what you meant about background. Are you asking for more information. regarding this debt?

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Yes the more Info the better, sorry Martin, I always get confused when it comes to CPR requests! Don't know my 31.14 from my 31.16's...!!!

 

What is the alleged debt,

How old is it,

The amount 'roughly'

Who was it originally with?

Who is now chasing for it?

When did you last pay anything toward it?

 

And your inside leg ?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes it will be help to know.

 

Our library section has templates for use.

If you use the template 31.14 request then part of that was requesting an extension to your defence submission.

 

Ring/write to Judge & Priestley.asking them to agree up to 28 days extension whilst they wait for the docs. You then write to the Court informing them of the agreement

 

Alternative is to NOT submit any embarassed defence but submit a defence denying that you owe l the amount claimed or any amount at all - since all they have to prove it and if they didn't send you the docs before a claim as they should have done then its not in following pre action protocols.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes the more Info the better, sorry Martin, I always get confused when it comes to CPR requests! Don't know my 31.14 from my 31.16's...!!!

 

What is the alleged debt,

How old is it,

The amount 'roughly'

Who was it originally with?

Who is now chasing for it?

When did you last pay anything toward it?

 

And your inside leg ?

 

Yes you get the drift.

Also details of the chasing/correspondence etc from both sides.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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2 threads merged-but unsure if any of your other threads give background to the origins of the claim-can you please give a brief outline so we can advise ?

 

Hi Martin,

 

This thread relate to 1st Credit only... the background is they were sending the usual letters and I have ignored them... as I was caring for my 85years uncle and never got around to sorting this out. The last letter I received was giving me a discount to pay the part debt (20% discount) and the balance w/o. I never received any credit agreement, letter of assignment, or anything just letters regarding the debt demanding payment.

 

I had a look at credit file and note the debt was defaulted in 2006 for £xxxx and it said current balance xxxx. Last payment on account was 05. I need to know what to do about all the charges they have added on the account... On the claim form they are claiming £3k plus and statutory interest of £xxxx (which is 8%) for the period /2006 to /2010 and then daily rate of 0.81% until judgement.

 

Can they do this and what should I do please? Thanks.

Edited by samu99
see below

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Oops almost forgot-yes its easy to be confused-take a read here;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?184213


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok have flagged for site team-meantime anyone else feel free to advise.

Dont worry we will help you get things sorted for any compliance on your part.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin

 

with that option,

 

all they would have to do is re-issue another n1 claim as the dca would do is withdraw this claim and issue another as part 38 discontinuence would not apply as to res judicata as well

 

i would value your comments on that if ime barking up the wrong tree

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What happened to your post martin

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edit-have also removed specific figures and dates to prevent your case being identified by the other side.:wink:


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Try not to panic too much, when was this issued and have you responded to it yet? I believe you can do this online AND I am assuming you are going to defend this? If so this will give you a further 28 days, if you requested a CCA and they failed to provide, did you tell them you disputed the account? Regardless you MUST reply to this within the time scale given, AND defend it, you should send them a CPR 31.14 request which will allow you to view what evidence they are going to rely on in court.

But 1st things 1st acknowledge receipt.

 

The date is xx October 2010 and only received it today. No, I haven't responded yet hence I am asking for help in how to do this. I've never requested any CCA or anything from these people...

 

How should I defend this? sorry for my poor knowledge of this type of thing...

Edited by MARTIN3030

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