Jump to content


  • Tweets

  • Posts

    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

1st Stop Payday Loans CCJ.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3728 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello everybody. I'm in a bit if a pickle here and could do with some advice.

 

I am currently on a debt management plan with Payplan and I have been so for around 5-6 months. My debt primarily consists of payday loans and originally totaled approximately £5000. I have managed to pay off around £1200 since the DMP's inception making monthly payments via Payplan.

 

Whilst the DMP was being setup I advised all of my creditors that they should expect to hear from Payplan in due course with an offer of monthly repayment. This would also include details on my other creditors balances etc (there are around 10-12).

 

1st Stop Payday Loans , stated from the outset that they would not accept the DMP (they are the only one!) as my account was already in litigation and that I should except court papers through shortly if I did not arrange a payment plan with them separately. Though they advised they had their own 'in house' DMP service they would look at putting me onto. I obviously did not take them up on this.

 

A few months passed without incident and although i missed a payment on my DMP everything seemed to be going smoothly, until the other week 1st Stop came back with threatening emails. I again stated I was on a DMP with Payplan yet they were not interested in this. This week I've received CCJ forms and they are the claimant.

 

I've spoken to Payplan and they have asked me to fill out certain sections on the form and to send it to their legal department. They will then forward on information on my financial situation/ income/expenditure in the response pack to 1st Stop.

 

I have not yet sent this back and I'm wondering what (if anything) else I could be doing or thinking about before I do. First of all the balance they've put on the CCJ form (£405) isn't in my opinion correct (its as if they haven't taken my Payplan payments into account and have continued to charge fee's & interest). I have told Payplan about this and they have asked me to send in the forms anyway.

 

I'm essentially wondering what do 1st Stop Payday loans expect to get out of taking me to court? I cannot afford to pay them more as stated in my DMP. Wont the court see this as well and set the CCJ repayments in line with that?

 

Appreciate any advice given.

 

Regards

Dan

Link to post
Share on other sites

Hi there, I think 1st Stop are being unreasonable and think they can circumvent your DMP to get more money than the rest of your creditors, however the court will only set payment at what you can afford once they see what your income and DMP payments are. You need to be completely sure that Payplan put the right information into the forms. You say the court response pack has to be sent to 1st Stop? I would have thought they had to be returned to the court?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Have you actually had court papers yet or just a threatogram.

 

This company will take people to court but use the courts as a form of debt collection instead of a last resort.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi there, I think 1st Stop are being unreasonable and think they can circumvent your DMP to get more money than the rest of your creditors, however the court will only set payment at what you can afford once they see what your income and DMP payments are. You need to be completely sure that Payplan put the right information into the forms. You say the court response pack has to be sent to 1st Stop? I would have thought they had to be returned to the court?

 

1st Stop know what my income/exp is, they have details of this from payplan yet they are not interested. If the court more than likely rules in favour of my DMP what is the point of the CCJ? Are they not just being total ********s and wasting everybody's time? Payplan I assume are sending my court papers on along with my inc/expendidture etc to ensure it all ties up with the plan.This is causing me untold amounts of stress and sleepless nights. The thought of going to court is pretty frightening. I'm doing my best to resolve this debt I have yet for these people they are insistent on making things incredibly difficult. I have had some really disgusting conversations on the phone with them and via email. They are a really snide, threatening and un-professional bunch of skum.

Link to post
Share on other sites

Have you actually had court papers yet or just a threatogram.

 

This company will take people to court but use the courts as a form of debt collection instead of a last resort.

 

Ive had the court papers through.Are they allowed to use the courts in such a way? I'm making reasonable contributions via my DMP towards the debt therefore this isn't a last resort AND in 2 years my debts will be cleared!. Do they have a leg to stand on? Is this just lot of hot air? Should I challenge them/call their bluff?

Link to post
Share on other sites

Ok. Can you give us the date that is on the court form, and also the POC's. You have a strict timeline to adhere to otherwise they get judgement by default.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

You can do whatever you want, but should you fail to defend the court papers properly, you WILL receive a CCJ and they will enforce it.

 

Once they get the judgement, they have all the power. Is the amount for what you owe, or is the claim inflated?

Link to post
Share on other sites

That's what I would do. Did the court papers have a password so you could log in?

 

Not that I was aware.

 

Would there be another way of retaining this information you think? I notice another thread on here regarding 1st Stop and the forumer defended and they folded.

Link to post
Share on other sites

Never ever let this PDL get a judgement by default, or an easy judgement. They will do anything to strip you of money. And i mean ANYTHING. Theyre almost on par with MMF / Lowell for their tactics.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Right Im really at a loss on what to do here.Payplan have received my documents. They state they can only handle this if I agree to the full amount therefore if I dispute this I have to handle it myself. I don't mind doing this but its mounds more stress knowing I have to defend myself in court!

Link to post
Share on other sites

Sounds like Payplan just want the easy option - admit claim and get CCJ that way they don't have to do any work. If the amount 1st Stop are claiming on the court forms is wrong (you said they had not deducted payments already made via your DMP) then you should defend.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Sounds like Payplan just want the easy option - admit claim and get CCJ that way they don't have to do any work. If the amount 1st Stop are claiming on the court forms is wrong (you said they had not deducted payments already made via your DMP) then you should defend.

 

I am going to get hold of all the figures tomorrow and work out ho much I actually owe.

 

There is a response option on the Money Claim website listed as...

"If you admit part of the amount claimed, complete the Admission and the Defence form."

 

Is this the one I should select?

 

Does the fact I'm on a debt management plan play any part in my defence response? OR is it down to amounts owed that I'm responding to at this stage? Will my DMP and 1st stop's unwillingness to accept it be ever brought up in court?

Link to post
Share on other sites

Thanks.

 

So, what IF the balance I have differs on the basis that I expected them to stop interest and charges accruing since the inception of the DMP? My payments via Payplan in my opinion would have reduced the outstanding balance, yet 1st Stop's position may be that whilst they may of received these Payplan payments, the balance was still increasing due to interest and charge being added.

 

As i understand it even though I'm on a DMP, they do not have to recognize this and can continue to add interest and charges if they so wish.

Link to post
Share on other sites

I've just spoken to 1st Stop.

 

In total of the £400 instalment loan I took out I made payments to it of £441.58. At this point I entered the Payplan DMP with a remaining balance of approximately £219.

 

They have charged a number of fee's to my balance.

 

£75 litigation fee

£12 defaults x3

£20 default fees x2

£35 Court fee

 

Giving me an outstanding balance of £405.

 

They stated to me that they have not received a letter of authority from Payplan regarding my DMP (not that it matters as they don't accept DMP's anyway) yet all of my other creditors have seemed to. They also state they have only received 2 payments since my DMP's inception totalling just £7.00 which I find extremely odd given they 'have' received my plans first payment in 2013 and my most recent one 2014. There's a gap of 4 months in between where they have not received payments in which I should of paid a further £62.00 against the outstanding balance.

 

In essence with the fees added they are making another £200 out of me, £262 if you include the moneys they say they have not received via my DMP.

 

I think I have grounds to file a suitable defence? Can anyone add to this?

Also, is the 14 or 28 day period to respond from the date of issue? The CCJ was issued on the 5th Feb.

Edited by MancDan
Link to post
Share on other sites

ALl the default fee's are unenforceable. What exactly is this 'litigation' fee? Is it solicitors cost or just a inflated value to give them more profit?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...