Lloyds TSB debt 1st Crud issue claim***Settled by Tomlin Order***

[t_harv]

I've had a similar letter come through from Northampton CC with the Claimant 1st Credit Ltd chasing an old Lloyds Bank debt which was sold to 1st Credit at the end of last year. I've not replied to their letters but tentative now due to the claim form now on my doorstep. Wondering whether to do similar as UK_Guy99 did and go straight to 1st credit asking to be put aside providing we agree a payment plan?

[AndyOrch]

Hi t_harv and welcome to CAG

 

I would suggest you start your own thread rather than tag onto one that's almost 12 months old on which UK_Guy never bothered to conclude.

 

Regards

 

Andy

[Desperate Daniella]

Hello, t_harv,and welcome to CAG!

 

You'll need to start your own thread giving specific details of your debt, the date the account was opened, last payment you made, etc.

 

I think you should call it Claim from Northampton CC - Old Lloyds Debt - 1st Credit.

 

When did you receive the claim form?

 

If you post a link here we'll come to your thread to help you.

 

DD

[t_harv]

Hello to all those on CAG, hopefully someone much wiser than me can find me a solution!

 

I currently have four defaults on my credit file, one of which was placed by Lloyds TSB for an overdraft of just over 1XXX.XX in June 2011. The outstanding balance was since assigned to 1st Credit late last year and my credit file has another default showing under 1st Credit for the amount and 'Settled' under Lloyds TSB. I presume the latter will lob off soon enough (hopefully).

 

As I normally bury my head in sand once I receive paperwork, I've since ignored any letters from 1st finance for any payment agreements as their reputation via inspection online precedes them. The account was then 'passed on' to Connaught Collections who 'appointed' Moon Beever solicitors.

 

I today received a Claim form from Northampton CBCC stating the Claimant (1st Credit) claims the sum for debt and interest (interest being 8% per annum from when Lloyds assigned my account to 1st Credit last year). The Issue Date is 17 Apr 2014 and all payments must go to Moon Beever.

 

I would much prefer the CCJ not to stand as the 6 year cycle would restart following the issues of default almost three years ago. I presume I have to acknowledge receipt of the claim via online - just unsure of now the best process to avoid a CCJ.

[t_harv]

Thanks Andy and Daniella for your speedy replies, a new thread has now been opened.

 

Ta.

[AndyOrch]

If you could read and complete the following please :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

[t_harv]

1ST CREDIT (Finance) Limited - Date of issue – 17 APR 2014

 

POC - The Claimant claims the sum of 1XXX.XX for debt and interest. The Defendant from xx.xx.2008 held an account with Lloyds Bank Plc and it was assigned account number XXXXXXXXXXXXXXX. Lloyds Bank Plc granted Defendant an overdraft facility. Lloyds Bank plc demanded repayment of the outstanding sum on the account at that time. The account was in default on xx.xx.2011 and the outstanding balance was 1XXX.XX.

On xx.xx.2013 the debt was assigned to 1st Credit (Finance) Limited in the sum of 1XXX.XX

Notices of Assignment were sent to the Defendant in accordance with S. 136 Law of Property Act 1925.

AND THE CLAIMANT CLAIMS

1. The sum of 1XXX.XX

2. Statutory interest persuant to Section 69 of the County Court Act at a rate of 8% per annum from xx.xx.2013 to xx.xx.2014 xx.xx and thereafter at a daily rate of 0.29 until Judgement or sooner payment.

 

It is the debt issuer who issues the claim and I did receive a Notice of Assignment. I need to check whether the Default Notice was issued by the original creditor (most likely yes). I have no recollection of annual “Notice of Default sums”. I stopped paying the original creditor due to me leaving work to go into further education. There were no disputes or DMP plans entered.

[t_harv]

No advice available on how avoid this CCJ going ahead?

[Desperate Daniella]

Hi,

 

I think Andy will be coming back to you, but you have time in hand at the moment.

 

You can, as you already mentioned, call them to arrange a payment plan if you wish

[Desperate Daniella]

Sorry, I posted by accident before I finished!

 

Are there any unfair charges you could have claimed back?

 

You can ask them to stay the claim if you come to an agreement.

 

DD

[t_harv]

Thanks for your reply Daniella. I shall contact the Claimant(?) tomorrow to see if we can come to an amicable agreement. In the meantime, I will start researching into old statements for any unfair charges.

 

With it being an overdraft, there will be no need for a CCA1974 request from myself? Any other information I could start requesting to get the ball rolling?

[t_harv]

Looking at statements, it appears that the balance requested on the claim form is +£150 than the original overdraft limit. I'm not sure what this is made up of, presuming it is unplanned overdraft fees and other fees leading up to the account going into default.

[Desperate Daniella]

Hi,

 

I should ask for a clarification of this £150 before you negotiate and, as you say, look for any unfair charges.

 

DD

[theoldrouge]

nothing to stop you acknowledging and defend all for now, once you have all the required info you can always negotiate if all in order. CPR 31.14 request to claimants sols for current ac

Edited April 29, 2014 by theoldrouge
mistype

[t_harv]

Rang 1st Credit twice to no avail but a person from Connaught rang me back to discuss options. Weird.

 

They stated that I had fourteen days to pay back in full (till tomorrow basically) and the CCJ would not go on my record and the default would remain. If I were to agree a plan, I would have to enter into a judgement. Another thing which confused me was that I could receive another fourteen days to potentially cough up the full amount and the CCJ would not go on record (apologies if I have misinterpreted this, I presume this is paying off the CCJ in a month and it being struck off the register). Basically, they stated the claim via court would not go away if paid in full.

[AndyOrch]

There is no negotiating with this crew....defend all submit a defence and then force them to negotiate...you must go through the process..... there are no short cuts.

 

Andy

[t_harv]

Cheers for your reply. AOS submitted and now preparing a CPR31.14.

 

Do I also at this point request for the clarification of the amount claimed being larger than the original overdraft?

 

Totally lost on how to determine the unfair charges that lie within the overdraft itself. How do I find and quantify those?

[AndyOrch]

You will put them to strict proof within your defence.Make sure you use the correct CPR 31.14 Current account request dont worry about quantifying for now.

 

Regards

 

Andy

[t_harv]

A CPR 31.14 has been delivered to them. Is there any defence I should be preparing?

[AndyOrch]

Current account claim and defence in the following.....edit to suit.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420527-MKDP-HSBC-A-C-all-charges-Claimform-received

 

Regards

 

Andy

[t_harv]

Thanks Andy. I shall edit to suit. To date I've received only an 'on hold' letter from their solicitors following the CPR production, nothing else.

 

Also I'm a bit miffed how just because I have misplaced my MCOL number, I can't re-access the particulars of my claim. There is surely something wrong there. Why claim's aren't assigned to Government Gateway's once the AOS is made, I don't know. I now have to email my defence and check via phone for the decision (I think).

[t_harv]

Defence was submitted as per Andy's advice.

 

Received a Notice of Change of Legal Representative on the 3rd June from the Claimant along with two notice of assignments and statements from May 2008 to July 2011. They confirm that the debt is owing.

 

They will waive any charged interest applied to the account from the last payment made (early 2009) and accept a balance plus the Court cost if we agree to settle this out of court.

 

What are my options now? What is advisable?

[AndyOrch]

Could you post up your final draft of defence t_harv for reference.

[Desperate Daniella]

Hi,

 

When you say there is a change of legal representative, have Moon Beevor by any chance sent it back to the in-house solicitors?

[t_harv]

andyorch - see below:

 

The Defendant disputes the full amount claimed as shown on the claim form.

 

DEFENCE:

 

1. It is admitted that the defendant held an account with Lloyds Bank Plc.

 

2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. The defendant refutes that the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 6th of May 2014. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.