AA Credit Card debt sold to 1st credit - now claimform***Settled by Tomlin Order***

[dpac123]

1st Credit were assigned a debt from AA Finance and I got papers from Northampton recently.

 

My defence against this claim is as follows:

 

1. This account was defaulted on 13/10/2009 but I have no evidence of a:

a. notice of default sums letter

b. default notice letter

c. failure to comply with a default notice letter.

2. My initial request in early 2010 for a copy of the signed credit agreement was unsuccessful.

3. To date I have been approached by the following about this alleged debt:

a. Apex Credit Management – January 2010

b. IQOR Recovery Services – letter dated 22nd March 2010 offering a “substantial reduction”.

c. Geoffrey Parker Bourne – letter dated 1st April 2010

d. Robinson Way – letter dated 11th August 2010 offering a repayment plan.

e. Geoffrey Parker Bourne – letter dated 10th January 2011

f. Nelson Guest and Partners – letter dated 20th January 2012

g. Westcot Credit Services – letter dated 31st January 2012

h. Westcot Credit Services – letter dated 3rd February 2012 stating that all collection activities would be suspended while my queries about ownership of the alleged debt are being investigated.

i. Blair Oliver Scott – letter dated 3rd March 2012.

 

Each of these companies has chased payment - each time I have asked for proof of ownership of the debt and each time I have received nothing.

 

Before the claimant is able to enforce this alleged debt, it is important for the following matters to be addressed:

 

- Evidence that they own the debt (and an explanation of why their claim is more substantial than the other companies list above).

- Evidence of a valid and signed credit agreement.

- Evidence of a valid notice of default sums, default notice and failure to comply with default notice.

 

Until such a time as the Claimant is able to address these matters, they are not entitled to pursue this matter.

 

I got a response from 1st Credit on 20th August and enclosed was a notice of assignment (seems OK), a "true copy" of a credit agreement and a "template" default notice. The issues I could see are:

 

1. The credit agreement shows me as the party listed but shows my current address - at the time of the "agreement" (2007) I lived at a previous address.

2. The credit agreement has no signatures by me or them, no reference numbers and says that it is governed by Scottish Law (Bank of Scotland).

3. The default notice has all personal details blotted out and omits name, reference number, amounts, dates and there is no notice of default sums or failure to comply letters.

 

They are threatening summary judgement if I don't pay up within 14 days, so any suggestions on how I should respond?

 

Thanks, D

[shamrocker]

I'm sure one of the experts will be along soon, but my first impression is that they are trying to bluff you due to not having a copy of the actual signed agreement. Same feeling with the DN.

 

I would just acknowledge the claim and submit a holding defence of some sort. They'll have to produce the appropriate evidence later, which they probably won't.

 

Roughly how much is the claim for?

[theoldrouge]

please read and answer the following as fully as possible

 

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

[dpac123]

In order for us to help you we require the following information:-

 

Name of the Claimant ?

1ST CREDIT

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue 30TH JUNE 2014

 

What is the claim for – the reason they have issued the claim?

 

THE CLAIMANT CLAIMS THE SUM OF £3,050 FOR DEBT AND INTEREST.

 

ON 02/08/2007 THE DEFENDANT ENTERED INTO AN AGREEMENT WITH AUTOMOBILE ASSOCIATION PERSONAL FINANCE LTD

FOR A CREDIT CARD UNDER REFERENCE NUMBER 12345.

 

ON 13/10/2009 THE DEFENDANT DEFAULTED ON THE AGREEMENT WITH AN OUTSTANDING BALANCE OF £2,800.

 

ON 25/06/2013 THE DEBT WAS ASSIGNED TO 1ST CREDIT (FINANCE) LTD IN THE SUM OF £2,800.

 

NOTICE OF ASSIGNMENT WAS SENT TO THE DEFENDANT IN ACCORDANCE WITH S.136 LAW OF PROPERTY ACT 1925.

 

AND THE CLAIMANT CLAIMS:

 

1. THE SUM OF £2,800

2. STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM

FROM 11/07/2013 TO 02/07/2014, £219.16 AND THEREAFTER A DAILY RATE OF £0.62 UNTIL JUDGEMENT OR SOONER PAYMENT.

 

What is the value of the claim? £2,800 + COSTS

 

Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD - NO LONGER ACTIVE

When did you enter into the original agreement before or after 2007? 02/08/2007

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.

ACCOUNT ASSIGNED, DEBT PURCHASER HAS ISSUED CLAIM.

 

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

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments:- CREDIT CRUNCH - INCOME DROPPED

 

Was there a dispute with the original creditor that remains unresolved? ONLY NON RECEIPT OF A VALID CREDIT AGREEMENT.

 

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

DON'T REMEMBER - SUBJECT ACCESS REQUEST WAS SENT ON 10/12/2009 AND LIMITED RESPONSE RECEIVED.

[dpac123]

August 2007 - I know it was past the April 2007 cut off but surely they still need to issue a valid default notice?

[dx100uk]

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010

.

For a creditor to enforce a credit agreement against the debtor,

he must serve the latter with a default notice,

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

.

Generally, the prescribed form of a default notice according section 88 is as follows:

.

"The default notice must be in the prescribed form and specify

.

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach,

and the date before which it is to be paid."

.

Section 127(3) of the Consumer Credit Act 1974

.

Should the debtor be sued for the outstanding amount,

it may be open to the debtor to raise an argument that the agreement is unenforceable

because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA').

Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

Regards

Andyorch

[dpac123]

Hi Andy, just checking that the debt is still unenforceable even though the "agreement" started AFTER April 2007?

[sequenci]

It's up to the court. They could give leave to enforce.

[AndyOrch]

Hi Andy, just checking that the debt is still unenforceable even though the "agreement" started AFTER April 2007?

 

Lost me dpac ..... why would it not be enforcible ? Im not even subscribed to this thread...dont know what made me look in:madgrin:

[dpac123]

Default notices, litigation and section 127(3) of the consumer credit Act July 2010

.

For a creditor to enforce a credit agreement against the debtor,

he must serve the latter with a default notice,

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

.

Generally, the prescribed form of a default notice according section 88 is as follows:

.

"The default notice must be in the prescribed form and specify

.

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach,

and the date before which it is to be paid."

.

Section 127(3) of the Consumer Credit Act 1974

.

Should the debtor be sued for the outstanding amount,

it may be open to the debtor to raise an argument that the agreement is unenforceable

because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA').

Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

Regards

Andyorch

 

 

--------------------------------

 

 

The claimant doesn't have a valid credit agreement - wrong address, no date or signature. In addition, there is a template default notice with all personal details blotted out - no default of sums or failure to comply letters either.

 

 

As this agreement started in August 2007 i.e. after April 2007 deadline, are "no valid credit agreement" and "incorrect/no default notice" still valid defences?

[AndyOrch]

But dx100uk posted it

[dpac123]

Oh sorry! I didn't understand in the context of a post April 2007 debt - could you clarify?

[AndyOrch]

Where is your agreement...is it a recon?

[dpac123]

Yes, it's a template with no date or signature and the address is my current address, not the address I lived at in August 2007.

[AndyOrch]

Is it possible to scan it in...did it come with the T&Cs and the OFT/ FCA leaflet?

[dpac123]

DN attached, credit agreement to follow.

[AndyOrch]

You need to convert any uploads to pdf dpac...I seem to have misplaced my microscope:madgrin:

 

No rush on the agreement getting late now ...I will get back to you tomorrow.

 

Andy

[dpac123]

Let me know if you can read these - no OFT/FCA leaflet received.

[dpac123]

Credit agreement attached

[AndyOrch]

Yes thats fine in pdf.

[dx100uk]

put the dates on the dn back up please

 

 

date of letter

date of satisfy by else...

[dpac123]

I sent the following email to 1st Credit this morning:

 

 

Dear Sir/Madam,

With regard to your letter dated 20th August 2014, I would ask you to provide further information before applying for a summary judgement as this matter is still in dispute. The areas to be addressed are:

1. Credit agreement - you sent me a template of a credit agreement, but there is no evidence that this is a true copy. In the PARTIES section, it shows my current address, but on or before 03/08/2007, I lived at a different address and this would have been reflected in a true copy of a credit agreement. Also the document you sent me has not been signed or dated by any party.

 

2. Default notice - you have again sent a template copy with no personal details. There is no name, address, date, reference number, outstanding balance, arrears, time period to remedy the breach, etc. There are also no notice of default sums or failure to comply letters, which would also be required. There is no evidence that I have ever been sent a valid default notice or that any agreement has been terminated correctly.

In light of the above, I would request that you provide the correct documentation before applying for a summary judgement. A district judge would only ask for the same information and the onus would be on 1st Credit to prove that they have a right to pursue this matter.

I look forward to hearing from you.

Yours sincerely,

 

Dpac

 

 

 

 

Just received through the post this morning a Notice of proposed allocation to the small claims track dated 1st September (even though the letter from 1st Credit said 14 days from 20th August to pay up!) - see attached.

 

 

Does this mean they are pushing to get a judgement without a hearing?

 

 

Help please?!

[AndyOrch]

Application for Summary Judgment runs separate to the claim...so for all intense and purposes the claim is still proceeding to time table.

I personally would not have sent the above dpac ...wish you had sought advice first.

 

Any objections to their application for SJ must by way of your Witness Statement in objection as to why the application should fail.

 

Andy

[dpac123]

put the dates on the dn back up please

 

 

date of letter

date of satisfy by else...

Letter from 1st Credit was dated 20th August 2014 with 14 days to satisfy. I sent an email to them this morning (14th day) but received a notice of allocation to small claims court dated 1st September 2014 (day 10 of the 14 days they gave me). Template default notice they sent on 20th August has no date or other personal details on it.

[dpac123]

Hi Andy, I had to respond within 14 days and was concerned I wouldn't get any further info in time - can I rectify?