1st Credit/beever Claim Form for £15k M&S loan - Help needed.

[speedqueen76]

Name of the Claimant - 1st Credit Finance Ltd

 

 

Date of issue – 23rd Dec 2014

 

 

What is the claim for –

 

On 21/05/2008 the Defendant entered into an agreement for a loan

with the original creditor under Ref No: xxxxxxxxxxxxx.

On 16/11/2010 the Defendant defaulted on the agreement with an outstanding balance of £16,4xx.xx.

On 19/06/2014 the debt was assigned to 1st Credit (Finance) Ltd in the sum of £15,1xx.xx, by the creditor.

A Statutory Notice of Assignment was sent to the Defendant AND

THE CLAIMANT CLAIMS

1. The sum of £15,1xx.xx

2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 19/06/2014 until Judgement or sooner payment

What is the value of the claim? £16,3xx.xx

Is the claim for a current or credit/loan account or mobile phone account? The claim is for an Marks and Spencer unsecured loan

 

When did you enter into the original agreement before or after 2007? Original agreement was from May 2008

 

Has the claim been issued by the original creditor

or was the account assigned the Debt purchaser .

 

 

When I originally defaulted, I was paying an agreed amount to a company called BCW.

However, I was made redundant at the end of 2013,

and then had a baby in January 2014,

stopped making payments to BCW in May 2014 due to affordability and post natal problems.

 

 

I then started receiving endless calls, texts and letters from 1st Credit.

 

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

1st Credit sent me a letter that they said was from M & S,

however the letterhead, looked like it had been lifted from another document

and photocopied onto the letter that was sent to me,

I was dubious as to whether it genuine, given that there was no mention of BCW,

who were the company who I had been paying money to since defaulting.

 

Did you receive a Default Notice from the original creditor? I can't remember, but probably

 

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No - I have received nothing from either Marks and Spencer or BCW.

 

 

Why did you cease payments? Affordability due to redundancy 2013, and being on maternity until Nov 2014.

What was the date of your last payment? April 2014

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, because I was dealing with BCW.

The payment for May 2014 didn't go through,

and I was in no fit state to do anything about it at the time.

 

 

I did however speak to 1st Credit, after they sent me a letter stating who they were.

 

 

Prior to this we had been going round in circles,

with me refusing to confirm my details over the phone (as I did not know who they were),

and them refusing to tell me what they wanted because they needed to take me through security.

 

In the end, they sent me a letter in July 2014,

I called them and asked them to send me a statement of what I had paid to date, as the balance seemed high.

 

 

They sent written confirmation in Aug 2014 that the account would be put on hold whilst they fulfiled my request.

 

 

To date I have received nothing apart from a letter in Oct 2014

saying that they had written to me on several occasions with no response from me,

and stating that my account had been passed to Connaught Collections.

 

 

I wrote back advising that I was still waiting to receive a statement of what I had paid.

I then received a letter from Moon Beever in Nov 2014 requesting the full amount

on behalf of their client within 16 days or their client may issue court proceedings.

 

Once in receipt of the statement (which I thought would prove that they actually owned the debt),

I had intended to make an offer of payment for approx £200,

but unfortunately, I received the claims from after Christmas.

 

 

If possible, I really want to avoid a CCJ,

 

 

please advise if there is anything I can do?

 

Thanks in advance.

Edited January 2, 2015 by Andyorch
Paragraphed

[dx100uk]

notice of assignment can be sent on copied original creditor letterhead paper

by the debt buyer.

 

 

you need to keep off the phone, never discuss debts on the phone!

 

 

as this is +£10k

and post apr 2007

this could be difficult

 

 

create a user on mcol

ack [aos] the claim using the details from the claimform

 

 

defend all

leave juris unticked.

 

 

get a CCA request off to 1st crapit

blank £1PO do not sign anything

 

 

get a CPR 31:14 off to the beevers

[speedqueen76]

Hi

 

I'm not quite sure what to do now.

 

 

I logged my intention to defend the claim with the courts,

requested my CCA, CPR, Default notice, notice of assignment... from MoonBeever and 1st Credit.

 

 

To date I have had nothing but two letters from them

- one on 8th Jan to advise that Connaught Collections will cease to exist and my account will be managed by 1st Credit's legal department;

 

 

the second was dated 12th Jan from 1st Credit Legal Department advising that they have requested a copy of my credit agreement

and statements from the original creditor, and will forward once in receipt.

 

 

It also states that " in the interim we confirm that this matter has been placed on hold, and that no further action will be taken against you by us,

in respect of this matter, until the information has been provided."

 

Not quite sure what to do now?

Do I chase for an update or hang fire?

Also the default that relates to this debt, reaches its sixth year in Nov16,

does this mean that because the debt is still outstanding, they can keep it on my credit file indefinitely?

Is the debt still enforceable after this date?

 

Thanks in advance

[renegadeimp]

They filed the claim because they saw the amount and got greedy. Now you've called their bluff, they don't even have the right paperwork to go to court.

 

I think you'll have to ask for a stay or strike out, but much more knowledgeable people will advise better

[dx100uk]

its stayed

you do nothing

 

 

the SB clock stopped when they issues the claimform.

[speedqueen76]

Hi

 

Thanks for your reply. Not quite sure what you mean by it's stayed and what's the SB clock?

 

Apologies for asking so many questions

[dx100uk]

did you file a defence?

 

 

dx

[speedqueen76]

All I've done thus far is to create an account, and log my intent to defend all (leaving juris unticked).

 

 

I sent off for all the relevant documents, but to date have received nothing apart from acknowledgment of my document request.

[AndyOrch]

But did you submit a defence after acknowledging service and stating your intention to defend all?

[citizenB]

If the date of issue of the claim was 23.12.2014 your timeline was as follows:

 

Issue date - 23.12.2014 + 5 days for service = 27.12.2014 + 14 days to acknowledge = 10.01.2015 + 14 days to submit defence = 24.01.2015

 

Did you acknowledge the claim and submit a defence by the due dates ?

 

If not, then they are quite at liberty to request a judgment by default.

[dx100uk]

me thinks you have a CCJ.

 

 

 

 

ring the court and ask

[speedqueen76]

Hi

 

I've contacted the courts and nothing has happened since my confirmation of my intention to defend.

 

They advised submitting my defence asap.

 

Not sure what to say,

 

apart from that when I asked for these documents prior to the claim from 1st credit,

 

I received nothing and

 

the next thing I had was the court documents.

 

Do I need to approach this in a more legal way?

[dx100uk]

you do.

 

 

so you sent CCA and CPR after you got the claimform and neither have been responded too?

 

 

dx

[speedqueen76]

you do.

 

 

so you sent CCA and CPR after you got the claimform and neither have been responded too?

 

 

dx

 

The only response I have had since sending a request and postal order to both MoonBeever and 1st Credit

was a letter advising that Connaught Collection no longer existed and my account was now being handled by 1st Credit Legal Dept

 

 

and then a further letter advising that no further action would be taken against me whilst 1st Credit Legal obtained the documents I had requested from the original creditor.

 

As an aside, I'd like to make a donation, is there a minimum amount and do I need to specify who I goes to?

[Guest]

seems fortunate they havent requested judgment, and stuck by their 'no further action'.

 

 

prob due to no cca request response.

 

 

just to confirm, you have done a formal cca request under s77?

 

maybe best then get a defence in asap. post it up prior for comment.

[dx100uk]

sorry for being dense

 

 

but to confirm you have sent a CCA request to the named claimant since you got the claimform....[y/n]

 

 

dx

[speedqueen76]

sorry for being dense

 

 

but to confirm you have sent a CCA request to the named claimant since you got the claimform....[y/n]

 

 

dx

 

 

Yes, I sent a CCA request and CPR request with a £1 postal order to MoonBeever,

because the claim form said all correspondence was to go through MoonBeever.

 

 

However to be on the safe side, I also sent a CCA request and £1 postal order to 1st Credit.

[speedqueen76]

seems fortunate they havent requested judgment, and stuck by their 'no further action'. prob due to no cca request response. just to confirm, you have done a formal cca request under s77?

maybe best then get a defence in asap. post it up prior for comment.

 

Yes, it was a formal CCA request, but mine quoted sections 77 - 79. However the content was almost identical to one that I have just found on this site. This was sent to them on the 10th Jan, but to date I've received no documents

[dx100uk]

1. On 21/05/2008 the Defendant entered into an agreement for a loan

with the original creditor under Ref No: xxxxxxxxxxxxx.

On 16/11/2010 the Defendant defaulted on the agreement with an outstanding balance of £16,4xx.xx.

 

2.On 19/06/2014 the debt was assigned to 1st credit (Finance) Ltd in the sum of £15,1xx.xx, by the creditor.

A Statutory Notice of Assignment was sent to the Defendant AND

3.THE CLAIMANT CLAIMS

1. The sum of £15,1xx.xx

2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 19/06/2014 until Judgement or sooner payment

 

 

ok lets find you a defence

[dx100uk]

cag keeps crashing sorry.

[dx100uk]

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 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..

 

On receipt of this claim I requested information pertaining to this claim from xxxxx by way of a CPR 31.14 and a section 77 request.

 

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 Procedure 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 credit 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.

 

 

something to be going on with

 

 

obv needs editing

 

 

dx

Edited March 18, 2015 by Andyorch
changed section 78 to 77

[speedqueen76]

Hi

 

 

Apologies for the delay in my response

- the past fortnight has been manic.

 

 

I'm not quite sure what amendments I should be making apart from to add the name of the solicitor???

 

 

Do I need to provide any other information?

 

 

I consider myself to be well educated, but the legal terminology being used is mind blowing.

 

 

Am I ok to use the below as my defence:

 

Particulars of Claim

 

1. On 21/05/2008 the Defendant entered into an agreement for a loan

with the original creditor under Ref No: xxxxxxxxxxxxx.

 

2.On 16/11/2010 the Defendant defaulted on the agreement with an outstanding balance of £16,4xx.xx.

 

3.On 19/06/2014 the debt was assigned to 1st credit (Finance) Ltd in the sum of £15,1xx.xx, by the creditor.

A Statutory Notice of Assignment was sent to the Defendant AND

 

 

4.THE CLAIMANT CLAIMS

1. The sum of £15,1xx.xx

2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 19/06/2014 until Judgement or sooner payment

 

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 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

 

 

On receipt of this claim, I requested information pertaining to this claim from Moon Beever by way of a CPR 31.14 and a section 77 request.

 

 

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 Procedure 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 credit 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.

Thanks

Edited March 31, 2015 by Andyorch
Particulars added for cross reference

[dx100uk]

blimey bit late

 

 

you should have done that weeks ago when told

 

 

yes that's ok

 

 

see if you can still file via MCOL

[speedqueen76]

Hi

 

 

I submitted my defence as per the post above on the 31/03/15,

 

 

I received an acknowledgment letter from the court dated 01/04/15 advising that a copy of my defence was being served to the claimant.

 

What do I do now?

 

 

I have no issue with making an arrangement to pay the debt,

 

 

I just don’t want a CCJ filed against me.

 

 

Please help.

 

Thanks in advance

Edited April 25, 2015 by citizenB

[dx100uk]

urm

 

 

can you scan up all what they have sent in reply to your CCA request please

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures

please put these into WORD and make a multi page document

.

first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.