1st Credit and County Court Claim Papers

[Lal122436]

Hi everyone,

 

To make a long story short(ish)

 

- hubby and I were both in good jobs earning good money pre 2008.

 

We had quite a bit of debt - but were comfortably paying off until recession hit,

 

hubby lost job, we had a baby.

 

we stopped paying our debts.

 

I am ashamed to admit, that we couldn't deal with all this. Job loss, new baby, no money ... literally.

 

Most of the debt got sold off to DCAs.

 

This one in particular was an overdraft with a bank account we had with Halifax.

The overdraft was originally £1000 but when we started having difficulties, we instructed them over the phone to cancel direct debits which they didn't.

 

Subsequently they added charges etc until this amount became £1461.14.

 

This debt then got sold on, passed around until it ended up with 1st Credit who have been chasing apparently since 5th July 2011.

 

They have of course sent numerous letters and made numerous phone calls,

some to me at work despite me writing to tell them they must remove my telephone numbers.

 

They responded with some kind of letter saying they had a right to call because I owed them money.

 

their solicitors, Moon Beever have issued County Court proceedings

- Bulk Centre Northampton for £1775.21.

 

I am worried because I don't really want participate in any hearing.

 

Honestly, my mental state is not the best after facing 4 years of living hand to mouth.

 

We have two children and to be honest, cannot afford to repay much.

 

We had another CCJ issued when we had just had our second baby.

 

We pay £2 per month on that (the papers issued were way different back then though, and I didn't give it a second thought, I just acknowledged the entire debt).

 

We also have a suspended order on our mortgage (we are in arrears and in an arrangement to repay monthly).

 

Interestingly enough, although it was a joint account, there is only one defendant - me.

 

Not sure what to make of all this so please everyone,

 

some guidance and help would be so much appreciated.

 

I don't know what to do.

 

It's like there is a cloud in my head instead of my brain.

 

I am scared and worried that I will be put on some monthly scheme making me pay money we haven't got.

[dx100uk]

hi lal

 

welcome along.

 

your thread is now in the legal forum

 

the members will begin to help.

 

just on your overall possition

you say you have a suspended repro order? what is this mortgage issue

 

that is the IMPORTANT ONE.

 

the other can go whistle for the mo.

 

till we get the complete picture

 

dx

[Lal122436]

Hi dx100uk,

 

Thanks for your reply. We sorted out the mortgage problem. At the time I was on Statutory Maternity and hubby was unemployed so we had help from CAB and their solicitors with free legal. We are on a repayment plan with Mortgage company - is all good if we pay on time every month.

 

My biggest fear is charging orders (we don't have much equity in the house at all) and whatever that order where the court makes the employer deduct monthly from their pay? I am on minimum wage anyway.

 

Constantly get debt letters in the post, we don't even answer our home phone anymore.

[BankFodder]

On the overdraft - have you any record that you instructed them to stop direct debits? Do you know the date of the call?

I think that you should send an SAR and in particular demans that they disclose the notes on the account and any internal correspondence. This may reveal a record of the call and the instruction you gave.

Do that now.

 

You must deal with the mortgage urgently - as DX has said.

 

What is the county court claim about. You don't tell us

[dx100uk]

ok glad your mortgage is stable

but

 

you must ensure that remains so.

 

if this od is made or contains PENALTY charges

 

i'm surprised 1st crapit have issued a claim form.

 

not par chance got all the statements have you?

 

if you wish to post up the claim form

follow this:

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Lal122436]

Hi Bankfodder,

 

No issue with mortgage as has been sorted with arrears repayment plan - it was part of my background story of debt. Sorry for the confusion.

 

The direct debit stop was instruction via telephone and it must have been sometime in late 2008 - circa August to November.

I have no real records other than this time frame.

 

Sorry but what is an SAR?

 

And should I do tick partially defend the claim or defend all the claim?

What happens after this?

 

The county court claim particulars -

 

The Claimant claims the sum of £1,620.21 for debt and interest.

On 04/07/2006 the Defendant entered into an agreement with the Bank of Scotland plc for a Overdraft and was assigned reference number ....

 

1. On 15/06/2009 the Defendant defaulted on the agreement.

The outstanding balance at the time of default was £1461.00.

 

On the 05/07/2011 the debt was then assigned to 1st Credit (Finance) 3 Limited for the sum of £1461.17.

 

On the 15/07/2011 Notice of Assignment was given to the Defendant in writing pursuant to section 136 of the Law of property Act 1925.

 

AND THE CLAIMANT CLAIMS

1. The sum of £1461.17

2. Statutory Interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8% per annum from 05/07/2011 to 13/11/12, 159.04

and thereafter at a daily rate of 0.32 until Judgment or sooner payment.

 

Don't ever remember receiving any Notice of Assignment

- it was more along the lines of "We're 1st credit and we own your debt now"

[Lal122436]

With all honesty, we do owe the £1000 as that was the OD and we were up to the limit but the rest of the amount is where they (Halifax) paid out things they shouldn't have and then proceeded to slap on charges to it. I don't think I have the statements as they were online and then never got any statements after that except a type of statement of balance with no particulars.

 

I have never had any communication with 1st credit save the letters telling them to remove telephone numbers but was careful not to acknowledge anything.

[Lal122436]

Dx - details of the claim posted above. No scanner until I go back to work unfortunately.

[dx100uk]

hold on the black underlined sar

 

its a letter that costs £10 to get a copy of ALL [inc phone transcripts] data they hold on you

i'e' statements etc.

 

just have a quick thought, but how much of this £1400 do you think is PENALTY charges or Fees?

 

dx

[dx100uk]

Dx - details of the claim posted above. No scanner until I go back to work unfortunately.

 

dont forget you can use digital cameras or mobile phones to take snaps!

 

dx

[Lal122436]

Dx - yes indeed re mobiles.

 

Have typed out particulars of claim -

 

The county court claim particulars -

 

The Claimant claims the sum of £1,620.21 for debt and interest.

On 04/07/2006 the Defendant entered into an agreement with the Bank of Scotland plc for a Overdraft and was assigned reference number ....

 

1. On 15/06/2009 the Defendant defaulted on the agreement.

The outstanding balance at the time of default was £1461.00.

 

On the 05/07/2011 the debt was then assigned to 1st credit (Finance) 3 Limited for the sum of £1461.17.

 

On the 15/07/2011 Notice of Assignment was given to the Defendant in writing pursuant to section 136 of the Law of property Act 1925.

 

AND THE CLAIMANT CLAIMS

1. The sum of £1461.17

2. Statutory Interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8% per annum from 05/07/2011 to 13/11/12, 159.04

and thereafter at a daily rate of 0.32 until Judgment or sooner payment.

[Lal122436]

Dx - overdraft that we actually owe would be £1000. The rest is things they paid they shouldn't have which made us go over the OD and then bank charges added to it.

[dx100uk]

great ok

 

lots there for the experts to consider.

 

as a SIDE ISSUE.

 

you say you get heeps of DCA letters.

 

there might be worth in raising money by reclaim PENALTY charges on catalogue debts/credit cards

and

PPI reclaiming.

 

when you get 5 mins - list your debts.

 

dx

[Lal122436]

Just had a look at SAR.

 

So my first steps I am thinking should be acknowledgment of service and ask for extension. Am I defending partial claim or full claim? How do I even know they hold the debt? This is all so confusing.

 

Send the SAR - give them how long to reply as the letter template says 40 days but I don't have 40 days so can I change it to 14?

[dx100uk]

get a copy of yours and hubbies CRA files

 

see below

noddle is free but sometimes lacking in info

 

that will tell you who OWNS your debts.

 

bar noddle, the others are free for only 30days, but remember to CANCEL within 30days else you'll get stung.

 

dx

[Lal122436]

Oh let's see, where do I start with debts?

 

There's this one.

A credit card debt with First Direct - almost 4k (this one did have PPI on it I think).

A loan with First Direct - almost 13k but this one has a CCJ so repayment of £2 a month

A loan with Halifax - almost £13k (don't know if it had Payment Protection on it)

 

Hubby's debts

Egg Card - £1400 (not sure of PPI)

Barclay Card - £1400 (not sure again of PPI)

Alliance Leicester Loan - £3k

 

We didn't do anything about claiming PPI as we haven't been paying these loans and cards since mid 2008 so wasn't sure what our rights were about them.

[dx100uk]

ok leave those aside for a while then.

 

if no-one is doing anything nasty yet

 

if you've had discount letters on any of those - even less chance of nasty stuff too.

 

let get this CCJ sorted.

 

dx

[Lal122436]

I have had plenty of discount letters from 1st Credit - I didn't think they would take it this far!

[dx100uk]

very unusual for discounted debt to goto court.

but as brig will pointout

1st credit have been issuing claim forms for everything of recent

 

should, thus be easy to defend

you need the statements then asap.

 

i'll ping brig

 

dx

[BRIGADIER2JCS]

Hi looking in as requested.

 

Ok 1ST Credit (Finance) 3, just another company set up to hold a portfolio of debt.

Yes get the SAR away as soon as possible to the original creditor.

 

Have you aske 1ST Credit for proof of the debt yet, ODs are not covered by section 77/78 of the Consumer Credit act 1974, but there should be a letter laying out the terms of the OD and your acceptance of the facility.

 

As DX said credit ile check asap.

Complete Acknowledgment of service and state you intend to defend.

 

Search out the most recent ''discount letter'' you have received, and post a redacted copy here. Such dicounts usually mean there is some problem lurking.

 

Just for safety the following addressed to the Compliance Manager at 1ST Credit.

 

Ref: use the one on their letters./Claim form.

 

Dear sir,

 

I refer your correspondence and CC Claim number xxxxxxxx, I see from your Particulars of Claim that you mention an ''AGREEMENT'' entered into by myself with the Bank of Scotland for an over draft facility.

 

As I do not acknowledge any debt to 1ST Credit or any company you may claim to represent, I require you to supply me with a true copy of the alleged agreement.

 

I intend to defend your claim in full.

 

Send by recorded delivery.

[Lal122436]

Hi Dx and Brig,

 

Have just looked on Noddle and it looks like 1st credit owns the debt.

 

I'm going to have to trawl through my post to dig up a discount letter. I really hope I haven't been a silly person and assigned it to the trash in a fit of anger and disgust.

[dx100uk]

if anything you should ALWAYS scan and keep this for ANY letters sent about ANY debt.

 

dx

[Lal122436]

Hi Dx and Brig,

 

Typed out the discount letter for you as unable to scan at the minute. I searched high and low and found two discount letters yesterday. This one dated 23rd April and another one sent in July.

 

 

Dear ...

 

Current Balance : £1,461.17

 

We regret the sum of £1,461.17 remains outstanding.

 

In order to assist you we intend instructing a doorstep agent to visit your property and to discuss repayments of the outstanding amount. This agent will be happy to discuss a repayment arrangement and thereafter make regular visits to your address to collect these payments at no further cost to you.

 

We are alternatively prepared to offer you an opportunity to settle your account at a very generous discounted amount.

 

YOY PAY 70%

DISCOUNT OF 30%

 

You Pay £1,022.82 Discount of £438.35

 

If you wish to take us up on this offer then please call on 01737 235201 and discuss repayment with one of our agents.

 

 

Gavin Flynn

Head of Collections

[Lal122436]

Brig - how long do I give the Original Creditor to respond to my SAR request? I don't have much time even with the extension. Can I ask them to comply within 14 days?

[Lal122436]

Thank you both so very much for your help, btw. In my anxiety, I forgot to say that.