1st Credit Court Claim Form LLoyds credit card ***Settled by Tomlin Order***

[mooshy]

How can i stop the DC calling again ?

[dx100uk]

just ignore them.

 

get your CRA file

 

see below

 

that will tell you the owner of the debt.

 

if its still owner by LLoyds

 

ignore wetcloths.

 

they can do nothing to you.

 

not got any PENALTY charges?

 

dx

[dx100uk]

for history

i've merged all your threads on this card

 

p'haps better to keep to this thread

rather than post a new one

 

we can see the history of advise better

 

dx

[mooshy]

Thanks.

Ive checked my credit file and its not been updated by Lloyds since 2011 !

I think i have the SAR info somewhere and there were no charges but ill check.

So do you think its still owned by Lloyds then. I did e mail them last year and offer to repay in full over 12 months if they would remove the default but had no joy .

I want to stop the DC agent its sending me crazy-bad memories.

[dx100uk]

not really anyway you can stop wetcloths

 

give the letters to the hampster.

 

 

i refer you to post 106

 

dx

[mooshy]

I really really need to avoid a CCJ .

 

I defaulted on a Lloyds CC in 2010.

The last payment was Sept I think 2011.

 

I sent CCA in June 2012 and received a copy of original agreement.

 

My argument was that the default was placed on my file during a time when the account was in dispute .

 

At the time I requested a list of charges but have no copy of that letter .

 

I e mailed them to arrange a payment plan and consideration of removing the defauly but they only said to call them.

 

the POC are:

 

The claimant claims the sum of 1065 for debt and interest on x /x/ 2002

the defendant entered into an agreement with Lloys plc for a cc under ref no. xxxxxx.

 

On x/x/2010 the defendant defaulted on the agreement with an outstanding balance of 1030,

 

On x/x/2013 the debt was assigned to 1st credit in the sum of 1030.

 

Notice of assignment was sent to the defendant in accordance with ...

 

1 the sum of 1035

2 statutory interest pursuant to section 69 of the county court act 1984

at a rate of 8% per annum from x/x/13 to x/4/14 32.78 and thereafter at a daily rate of 0.22

until judgement or sooner payment.

 

Have I got this money-its about the limit of my emergency fund given that my husband of 25 years has left me last month

with 4 children and the sub total of about 1200 savings for emergencies.

 

This is now the only default on my file which would have meant buying a more suitable property in 2 years which is my absolute dream.

 

I will do anything really to avoid a CCJ except im not sure I could even feed us next month if I pay this up front.

 

Any advise would be very very appreciated and thank you x

[AndyOrch]

Is the above the same debt as this one mooshy ? :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?385366-Lloyds-cc-debt-collector-just-called-!-What-to-do-now

 

Andy

[mooshy]

Hi

Yes Andy it is ?

[AndyOrch]

Threads merged..please do not start new threads on the same matter.

 

Andy

[mooshy]

Ive just read the sticky re receiving a claim so ill just recap with any more details :

 

 

Name of Claimant

1st credit

Name of solicitors

Moon Beaver

Date of issue

17 th April 2014

POC

The claimant claims the sum of 1070 for debt and interest.

on x /x/ 2002 the defendant entered into an agreement with Lloys plc for a credit card under ref no. xxxxxx.

On x/x/2010 the defendant defaulted on the agreement with an outstanding balance of 1035,

On x/x/2013 the debt was assigned to 1st credit in the sum of 1035.

Notice of assignment was sent to the defendant in accordance with ...and the claimant claims :

 

1 the sum of 1035

2 statutory interest pursuant to section 69 of the county court act 1984

at a rate of 8% per annum from x/x/13 to x/4/14 32.78 and thereafter at a daily rate of 0.22 until judgement or sooner payment.

 

When did I enter into agreement

2002

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim

Original Creditor was Lloyds

Were you aware the account had been assigned – did you receive a Notice of Assignment

I cant recall receiving a notice of assignment although I've received letters from Credit security,Wescot,Call Serve,DMpay,direct legal.Parkgate,Russel and Aitken solicitors, Apex, HL legal collections,MHA collections.

 

 

Did you receive a Default Notice from the original creditor?

Yes collections centre Lloyds tsb sept 2010.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No I don't think so.

Was there a dispute with the original creditor that remains unresolved?

Yes I was disputing at time of default but have no proof. I wrote asking for a list of charges and got a default. I remember sending a letter along at the time saying that the account was in dispute so action should not be taken or something along those line .

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

I don't remember but I did contact dmpay asking to arrange payment and asking if they would consider removing the default in June 2011

 

 

I want to avoid a CCJ desperately .

Have I got this money to pay it ? well -its about the limit of my emergency fund given that my husband of 25 years has left me last month with 4 children and the sub total of about 1200 savings for emergencies.

This is now the only default on my file which would have meant buying a more suitable property in 2 years which is my absolute dream.

I will do anything really to avoid a CCJ except im not sure I could even feed us next month if I pay this up front.

Any advise would be very very appreciated and thank you x

[dx100uk]

you should ideally ack the claim within 19 days from the date on the claim form

after registering with MCOL FIRST

 

defend all

 

you then have a total of 33days from the claimform date to file a defence

[mooshy]

Thanks dx.

Do you think it would do any good to contact 1st credit and ask them to withdraw the claim if I agree a payment plan ?

[dx100uk]

woe...slow down.

 

since your last time 2011ish

 

Lloyds must have sold the debt on to 1st credit

 

have you ever had the notice of assignment

and default notice

etc etc.

 

for 2002 the CCA might be rare too!

 

send moonbeever a CCA request and CPR 31:14

 

without a CCA and DN they'll have a diff job getting a CCJ

 

go read a few threads in this forum where you are now

 

dx

[mooshy]

Ok dx thanks

 

how long have I got then if claim is dated 17 th April ?

 

if I fill in full defence am hoping for some sort of mediation as I think I can maybe avoid a CCj this way ?

 

My priority is to avoid a ccj.

 

It wasn't 1st credit I approached in 2011 it was another of many DCA who wrote to me, DMPAY or something.

 

Am I right in thinking I can still avoid a CCj if mediation takes place ?

 

what defence can I use ?

[dx100uk]

you need information

 

get those letters off TODAY before the PO closes

 

you have 33 days [inc] to worry about your defence

 

also ENSURE you ack the claim within 19days defend all.

 

get your ducks inline FIRST

 

dx

[mooshy]

I'm doing this now can someone please tell me if the case no . For the CPR letter is the claim no on the top right of the claim form ?

[dx100uk]

yes claim number

 

as for the CCA you use the original account number [LLoyds]

 

don't sign the letters

use a blank £1 PO for the CCA

[mooshy]

fab thank you that was my next question !

[mooshy]

CCA also to Moon beaver not 1st credit ??

[BRIGADIER2JCS]

Send to 1st Credit Moon Beaver will only have to pass it on.

[mooshy]

Thank you.

[mooshy]

When you say do not sign the CPR I've put my name digitally on the letter is that ok ?

[mooshy]

Ok Ive done CCA to 1st Credit and will send recorded with blank PO.

Ive done CPR to Moon Beaver and will send recorded.

Ive not hand signed either but printed my name at the bottom is that ok ??

Ive ack the claim defending in full and did not tick the box to say I intended to contest jurisdiction ?

 

 

Wait and see now.

Will do whatever I have to to avoid CCJ .

[mooshy]

Ok I sent CPR to Moon Beaver sol acting on behalf of 1st credit who issued a claim dated 17th April.

This is the reply I got this morning:

Dear madam,

We act on behalf of 1st credit Finance Ltd.

We refer to your letter dated 26th April 2014 and the request for documentation contained therein.

We have referred your letter to our client and either we or they will respond in due course. We will place the claim on ho;d during the intervening period.

Your faithfully

 

 

Do you think its worth calling Moon Beaver and asking if they would withdraw the claim officially if I agree a payment plan ?

Or should I hang fire and see if they comply before filling in defence ?

many thanks x

[BRIGADIER2JCS]

If you really want to pay this off then yes make an offer BUT if you do this on the phone ensure the call can be recorded and reiterate the offer in writing by recorded signed for post and do not make any payment (s) until you have MBs agreement in writing.