1st credit CCJ merged Natwest OD/MONEYSHOP PDL - warrant of execution!!

[hedgehog0045]

Hi all,

 

I had a CCJ claim form arrive today with a debt collection agency claiming for 2 debts on the same claim form.

 

The first debt is for an overdraft facility that I used when I was a director of my Ltd company (no longer exists) and

 

 

the second was for one of these cheque cashing places that one of my cheques bounced from.

 

Debt 1 is for £843. Debt 2 is for £400.

 

I did acknowledge the debts a while ago and offered a repayment proposal but had no response.

 

The claim is for both debts added together plus interest at 8% per annum.

 

Question is, can they claim the interest on the cheque cashing amount as this was for a fixed amount loan?

 

A thought just came to mind. Have they added the 2 debts together to make the total over £1000 so that they can apply for a charging order I wonder?

[42man]

Is this for Bryan Carter by any chance ?

 

Can you give us the Particulars Of Claim (but don't be too specific with the numbers....)

[42man]

You need to acknowledge the claim within 14 days of the date on the claim form.....(if you are going to defend) then you have a further 14+3 days in which to submit a defence.....what usually happens is this letter CPR18 request is sent to the opposing solicitor / claimant.....send this by recorded delivery and do not hand sign it...

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[hedgehog0045]

Is this for Bryan Carter by any chance ?

 

Can you give us the Particulars Of Claim (but don't be too specific with the numbers....)

 

Hi thanks for the response.

 

No, it is from 1st Credit Finance Ltd.

[babybear39]

Subscribing...

[42man]

When did you acknowledge ? did you state you were defending ?

[hedgehog0045]

As of yet I have not done any response as I only received the court claim this morning.

[hedgehog0045]

I have a court order in place to a debt collection company for £60 a month.

I have paid each month from last August usually around the 22nd to the 29th of the month.

 

Today I received a warrant of execution from them for not paying according to the agreement??

 

What is the best route for me on this?

Should I go to the courts and get a hearing?

[Hardupnotfedup]

have you been paying OC or DCA, maybe this is where the mix up is.

[hedgehog0045]

I have been paying the DCA on their own online payment system.

 

I have all receipts for the payments. The only one that was delayed was the end of DEC payment which didnt show up on the system until 2nd Jan. Could this been the reason they have requested the warrant?

 

I phoned them today to ask why the warrant but no one in the legal dept is available until monday. Should I call them monday morning or just go ahead with a court request to suspend the warrant. Warrant is to pay before the 31st of Jan. (£1492)

[dx100uk]

whos the dca please or do you mean a bailiff?

 

dx

[hedgehog0045]

DCA is 1st Credit.

 

The original debt went to CCJ stage and then as I couldn't pay it was left a couple of years. i then got a request for a record of examination, which I attended and made a £60 a month offer.

 

I got no letter from court advising me the offer was acceptable and then 2 months after got a warrant of execution from the courts. I poke to 1st Credit who agreed to suspend warrant if I paid the £60 a month from then on, which I have done.

[dx100uk]

can you clarify please

 

1st credit can apply for a warrant to the court but can never enforce it themselves.

 

whats the debt all about

 

when did they get you in court

 

i'll go see if I can find your threads on this.

 

they can threaten it but its a long winded process

[dx100uk]

ok posts crossed.

 

nothing you can do till Monday then

 

what was org debt all about

did you not contest it

who was the OC.

 

sounds like you have been done over several times on old debts by dca's getting CCJ's.

 

dx

[Ell-enn]

If you can't get the DCA to withdraw the warrant of execution you will need to apply to the court on and N245 form - you will need all the receipts for payments you have made to go along with the form. We can help you with the form.

 

Ring the DCA tomorrow morning and explain the late payment - this has obviously triggered their computer system to treat it as a missed payment.

 

Let us know tomorrow what the DCA says and we'll go from there.

[hedgehog0045]

Thanks for the help and advice all.

 

Spoke to DCA this morning who advised Warrant had been issued due to late payment of Dec payment over Christmas period (2 days late showing up on the system)

 

Warrant now withdrawn. Phew!

[Ell-enn]

Phone the court and check that the warrant is withdrawn ! DCA will no doubt have added £100 court fee to your outstanding balance

 

 

It's always best to let a DCA (or any other financial institution) know if you are going to make a late payment as you can usually head off any further action.

[dx100uk]

whats the history of the debt HH?

 

anything we can get you back like PENALTY charges etc?

 

what was it all about in the first place?

 

dx

[hedgehog0045]

It was for an overdraft that I guaranteed from when I was self employed around 14 years ago.

[dx100uk]

really?

so they had a SIGNED guarantor letter in court?

 

we need the full history.

 

was this a ltd company

sole trader?

your loan?

 

dx

[hedgehog0045]

I was a company director of a LTD company with just me as owner. I acquired a £1000 overdraft with Nat West with myself as the personal guarantor back in Nov 2000.

 

Ltd company dissolved in 2002. Overdraft amount £850

 

Had a couple of threatening letters from Mackenzie Hall between 2003 and 2006.

 

Letters then arrive from 1st Credit requesting payment,

then in 2008 they sent a letter saying they have obtained Land Registry info to seek charging order.

 

Not sure why this wasn't followed up but then got letter in June 08 stating they could offer a generous discount on the £850 to pay it off.

 

In July 2008 got letter from LCS Solicitors claiming they will file for CCJ with £287 interest added,

£65.00 court fee and £80.00 solicitors costs.

 

In Sept 08 CCJ claim filed for this and another £400 money shop debt that they have.

Total on the CCJ claim form is £1551 plus £155 court and solicitors fees.

 

CCJ judgement arrives from court in Nov for total of £1742.

 

Unable to pay as been out of work for a couple of years.

 

In Jan 2013 Order to attend for questioning arrives for £1792 (includes another £50 court fee.

 

Goes to court and offers payments of £60.00 pcm which have been in place since July 2013 to date.

 

In 2009 house sold via mortgage rescue so no chance of the putting any charging order in place.

[dx100uk]

this does not sound correct

 

a ltd company , personal guarantee

 

they certainly cannot merge a OD debt [that they offer a DISCOUNT ON}

with a PDL debt?

 

you let this go through without contesting it?

 

let me pull some chains.

 

dx

[hedgehog0045]

I have a copy of the original court claim form which states the particulars of the claim as -:

 

The Defendant was indebted to

NATWEST

MONEYSHOP

 

for credit advances.

 

The debts were assigned to the claimant.

 

Notices of each assignment were given to the Defendant.

 

The Claimant claims the total of the debts assigned to it amounting to £1248

together with interest at the rate of 8% per annum pursuant to Section 69 of the County Courts Act 1984

amounting to £302 to date and further interest until judgement or sooner.

 

Payment at the daily rate of 0.28.

[dx100uk]

did you ever contest it?

 

get court claim papers

 

and defend and attend court?

 

dx