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

[mooshy]

Thanks . My absolute priority is to not get a CCJ . What would you suggest ?

[mooshy]

Hi No response to CPR and CCA both sent 26th April ?

I think if my claim was issued on 17th Aprili have to file my defence this weekend ?

Any ideas ?

What are my chance if they haven't complied.

Please see thread 124 for the letter I did get .

I tried calling MB but the man on my case was in a meeting ?

TIA

[mooshy]

Moon Beaver are calling me back before 2.15 if I ask for a settlement offer please how can I ensure I don't end up with a ccj ? Do I need something specific in writing ?? A letter of discontinuation or something ??

[dx100uk]

IMHO settling is a very foolish move.

 

they have no paperwork

 

and for adebt of that age they'll need it

 

dx

[mooshy]

Thank you dx . Neither 1st credit or moon beaver have complied with cca or cpr so should I fill out defence and if so any suggestions.

When I defend can I tick the mediation box ?

Id like to fill it out tonight if possible as im working mostly then until the 33 days is up !

Unless order ?

[dx100uk]

there are numerous defences for credit cards with not paperwork in this forum.

[mooshy]

I can't find any I must be doing something wrong ? Will read some more tonight but any links would be really helpful x I'm not home until about 11 pm tonight ( fundraising not socialising !! ) so will look again then but any pointers would be great . I heard from moon beaver who confirmed try would enter judgement by default on the 20th but invited me to write in admitting debt and pay instalments. I don't want a ccj so I have to continue with defence in full now .

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?416253-Carter-lowells-Claimform-for-old-Co-oP-credit-card/page9

 

Post #166 edit to suit your particulars.

 

Regards

 

Andy

[mooshy]

Thanks Andy

It was good to read that post.

I am hoping they also offer me mediation to avoid a CCJ .

Here is a draught of my defence.

POC are in post 106

Is anyone can read over it and say if it looks OK id appreciate it.

Ill submit it in the morning.

Thanks very much seriously.

 

the PoC are:

 

1.The claimant claims the sum of 1065 for debt and interesticon on x /x/ 2002 the defendant entered into an agreement with Lloys plc for a cc under ref no. xxxxxx.

 

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

 

3.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 ...

 

The sum of 1035

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.

 

 

 

In the Northampton (CCBC) County Court

Claim number xxxxxxx

Between

1st Credit ( Finance ) Limited = Claimant

And

Mooshy - Defendant

DEFENCE

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 claimants 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.

3. I am unaware of any legal assignment the claimant refers to within its particulars . I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of 13/11/2013 up until receipt if this claim.

On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a section 77/ 78 request ( dated and sent on 24th April 2014 ) . As of this date, 18th March 2014 2014, I am still to receive any correspondence from 1st Credit ( Finance ) Limited.

On receipt of this claim I also requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14 .Tha claimants solicitors legal response was that they were unable to comply and that they would put the claim on hold .

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 Procedureicon 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 crediticon 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.

Edited May 18, 2014 by Andyorch
Particulars added for reference

[mooshy]

Bumpx

[mooshy]

Anyone ? Can anyone please read over my defence id like to submit it this morning after ten as working later x

[AndyOrch]

Just a slight alteration...otherwise okay.

 

Regards

 

Andy

[mooshy]

Phew thanks Andy . What alteration do I need to make ? I'm out now but will submit in about 2 hours .

[AndyOrch]

I have already done it by editing your post...Point 2.

 

The claimants claim.

[mooshy]

Done ! Thank you x

[mooshy]

Hi just wondering how long before I expect to hear anything pls ? It's 2 weeks today since I submitted my defence and still no response to CCA or CPR . TIA

[AndyOrch]

The claimant has 28 days to respond...if they fail to respond the claim is stayed.If they do respond the court will notify of allocation and transfer to your local court.

 

Regards

 

Andy

[mooshy]

Thanks Andy

[BRIGADIER2JCS]

Hi just wondering how long before I expect to hear anything pls ? It's 2 weeks today since I submitted my defence and still no response to CCA or CPR . TIA

12 + 2 days for CCA request ( does not include weekends or bank hols).

 

 

You can check with the court If you wish.

[mooshy]

So hopefully the longer they don't comply the better ? X

[mooshy]

I'm assuming I will hear through the post or should I be checking mcol ? 28 days is up this weekend .

[AndyOrch]

MCOL has ended once a defence has been submitted...no you will not be notified if the matter is stayed...you know it is...... unless you receive a Directions Questionnaire to allocate the claim.

[mooshy]

Thanks Andy . .

[mooshy]

Ok the 28 days since I filed my defence with MCOL is up tomorrow .

Please can someone advise me .

I really want to avoid a CCJ does this mean having it stayed I have avoided it or am I still open to them lifting the stay and starting the whole thing over again ?

What would you advise please ?

I had no reply from claimant or their solicitors to produce documents which I know they have ! Very odd.

Many thanks

[BRIGADIER2JCS]

Yes they can apply to lift the stay and proceed to hearing/judgement.

Have you actually been notified that this is stayed?