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1st credit transfer of court letter - help


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I have an outstanding debt which was as a result of a default in 2012.

 

Over the past 6 months or so I have been in a position to start paying off outstanding debts.

 

The debt in question was being handled by 1st Credit and

I had correspondence from them in Oct 2014 advising me the outstanding balance was £2964.73.

 

I wrote to them in January asking them to advise me of an amount which they would accept as full and final payment on this debt

(I have already done this with a couple of other debtors and successfully repaid the debt).

 

I heard nothing and wrote again in Feb.

I still heard nothing but

 

in April got an advice that the court had transfered the handling of the case from one court to another geographically.

I then sent a further letter on 20th April cc'ing the court in again asking what they would take as full payment of the debt.

 

Last week I had a knock at my partner's door from APS Delivery but I was not home.

From using this site I established that they may have something to do with the above debt

 

I phoned them and checked and eventually managed to get them to confirm that they were acting for a company called IND who were acting on behalf of 1st Credit.

 

I advised them that I would not accept their delivery as I was already corresponding with 1st Credit

and I also phoned the courts to advise them verbally and to confirm they had received my letter of 20th April.

 

I then phoned 1st Credit who confirmed receipt of my letter of 20th April and said they would look into it.

The next day they called me back to say that IND were now dealing with it.

 

Then on Friday I received a letter from IND advising me that they would require the full balance to settle the debt

(I half expected this given the above so was willing to pay the £2964.73 at this stage)

but on checking the statement attached they have added interest and other court costs and are saying I need to pay £4192.41 to clear the debt.

 

Can anyone advise me of the validity of this and it I can do anything about the sudden increase in amount?

 

I wondered if the county court would have a set amount recorded as example which would offer me protection against this increase?

 

Any help would be grateful appreciated.

 

Thanks

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so you have had a court claimform?

 

 

did you defend?

 

 

or was this a statutory Demand?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thanks for your quick response;

 

I have never had any court claim forms and I have not yet been to court...............

 

This may well have been due to my previous ignorance on the matter - however as described I have been trying to pay this debt off since January and it has proven harder than imagined (and the other 2 debts which I would say were in a similar position and I have now cleared).

 

Is this information the courts could provide me with as they were quite helpful when I phoned them?

 

It feels as though now I have said I can pay it this company have just whacked some more money on to try their luck - as I say the letter from 1st Credit in Oct 2014 stated the balance as £2964.73.

 

Thanks

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then why are you blindly paying a DCA's without requesting proof of the debt and its assignment

by say a CCA request?

 

 

a DCA and their cohort 'fake' solicitors are not baiiffs

they have no such legal powers.

is this debt on your credit file?

 

 

is it defaulted

when did you take it out?

what is the debt type?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thanks again for your quick response,

 

I am fairly comfortable the debt is mine

- it relates a to a credit card debt which i took into a divorce in 2007/8

- as lots of people when through a journey of problems and denial before dealing with it all now.

 

The credit card was with MBNA and the debt has always remained the same at the £2900 mark.

I have often wondered about the transferring of debts between companies and whether I should check this

but ultimately I feel this is my debt so feel I should clear it

- it is only that they appear to be trying to take advantage that I guess I have now queried it on here...........

 

I haven't looked at my credit file mainly through embarrassment with my thought process being to clear what I know I have

and then deal with everything else once I am in a stronger position........

 

I thought I had replied already but it seemed to disappear so if this is duplication then apologies..........

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you might well morally think you owe these fleecing DCA's money..

 

but have you ever asked yourself one simple question.......

 

why would multinational wealthy companies sell my debts on

to a debt buyer and not take me to court themselves?

 

cold is poss be there is something WRONG with the balance or the debt itself?

 

like it has PPI

like the debt is littered with unlawful PENALTY charges [£12 or more fixed fees over/late/letter etc etc]

or that they don't hold an agreement signed by you

stating its yours....???

 

go get your credit file

noddle is free see below.

 

if a debt does not show

or

is defaulted,

paying the debts off will not improve your rating

 

I seriously question your wisdom in paying anything to anyone

before some basic checks are carried out

like a CCA request to whomever is trying to fleece you

and an SAR to the original creditor

to get all the statements with regard to reclaiming fees and/or PPI.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you again for your quick response.

 

This is all incredibly helpful.....

 

It would appear that I should a. obtain a copy of my credit file before I do anything further b. send the CCA letter to IND and cc in 1st Credit and c. send the DSA letter to MBNA

 

The only other questions I would ask for your assistance with at this stage is that as a CCJ has been registered at court - can I clarify that they are able to do this without neccesarily being in a legal position to as suggested above?

 

Also if they are unable to provide the information requested in points b & c above - do I just advise the court and they will set aside the CCJ?

 

Thanks again

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you said you had never been to court

 

so theres a CCJ registered?

 

how do you know this?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

I have had correspondence from the court transfering the "proceedings" from one court to another geographically - it has a case ref number ******

 

 

- it is from the county court so I assumed this would mean a county court judgement had been registered?

 

Thanks

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Luckily you missed Advanced Process Servers, probably trying it on with a Statute Demand. Well DX is right on every level.

You need to check the legality on these. Sounds like you have a court case ongoing...

 

DX, worth getting Andyorch involved?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Thanks for your confirmation of DX's advice.

 

Does this mean that it is not yet at CCJ stage but they are trying to register one?

 

 

I am confused as to whether this is a process they/I need to go through or whether they register it and then i have to deal with it to get it cleared removed.......

 

I consider myself relatively intelligent but it is clear this is an absolute minefield - strangely enough if they had just confirmed the £2900 I would have paid it no questions asked!

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when was this transfer of court letter?

 

I take you've moved since the card was taken out

 

but why are they writing to you now

when uyou say you didn't? get the original claimform?

 

your story is very bitty

 

need the complete chapter and verse please

on everything that's happened and with dates?

 

I would not 'blindly' pay off the dca

just 'because' they have issued a claimform/

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi,

I have moved since the card was taken out,

however MBNA would have been aware of the address

I moved to as this was my parents which I have used as my address for the past 9 years.......

 

In terms of background

- I went through a very messy divorce at which time I made some bad decisions due to having a break down

and proceeded to ignore the debts I had for a number of years.

 

Last October I decided to start trying to settle all my debts as I'd worked hard to rebuild a career

and was in a position to do so as well as pay maintenance etc

- I paid off 2 debts I had outstanding and then

 

 

in January 2015 wrote to 1st Credit off the back of the letter I received from them in Oct 2014 offering to pay the debt - the story from then is as above.

 

Prior to this the reality is that I ignored a lot of correspondence I should have not ignored and I'm not proud of it

but I can't turn back the clock now and want to try and get my debts resolved.

 

As a result of this -

I am not sure what paperwork I may or may not have had from the court over the proceeding 5/6 years, however, I have never been to court myself and

 

 

the latest correspondence was from the court in April 15 advising me that the proceedings had moved from aldershot to birmingham

- I have for the last 9 years lived in Aldershot.

 

 

When I phoned the court I asked them why it had been transferred to Birmingham and

they said because 1st Credit advised them that they had an address for me in Birmingham

- I am not sure why 1st credit or a company representing them have said this

as all correspondence I have sent them since January was from my address in Aldershot.

 

 

I have confirmed to the court in writing that my correct address is still the aldershot address

and also provided them with copies of the correspondence from Oct 14 onwards.........

 

On a previous note - on the CCA letter which section of the CCA should I reference in relation to this credit card debt? is it s77/78 or 79?

 

 

Thanks

 

Hope this helps..........

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On a previous note - on the CCA letter which section of the CCA should I reference in relation to this credit card debt? is it s77/78 or 79?

 

click the CCA request link

 

and read the post at the bottom.

 

now this court case.

 

that dref number is for a CCL claimform.

 

so WHAT have you sent to the court?

have you defended the claim

returned the acknowledgement pack?

 

it seems strange to me the case is being transferred to what the claimant 'thinks'

is you local court, without you doing anything.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

I have done absolutely nothing with the court claim - I have not returned any paperwork (and certainly not received any in the last 12 months).

 

I have not defended it

- whether they have sent any further correspondence to this address in Birmingham

 

I don't know but where I have now corrected them again I may receive some correspondence shortly.

 

All I have sent the court is a cc'd copy of the letter I sent to 1st Credit on 20th April

enclosing copies of the previous letter from January & February asking them to advise me what they would accept as full and final settlement

and then I faxed them a further letter 2 weeks ago advising them I definitely was not living in Birmingham

and confirming my address was correct as per their original information........

 

I would be happy to phone the court and ask them where the case is up to if that would help as I genuinely just want to get it sorted out?

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yes I would do that

ask them at what stage the claim is at

and if its not too late to file a defence..

 

 

and get a copy of the claimform?

or at least get them to read out the Particulars of claim

 

 

and write in down

or record the call.

 

 

dx

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi I have just spoken to the court as suggested and this has thrown some further light on the subject.........

 

A judgement was registered in 2012 for the £4092.41 so it seems this is a justified amount in at least some terms..........

 

They have said it is too late to defend the claim but I can submit a N244 form to try and get it set aside if I feel it is not justified?

 

I therefore guess my steps forward would be to submit the CCA letter you provided me with yesterday to check they have authority to act on the debt and if they can prove they have - settle this amount in full? If they can't show they have authority submit a N244 form with this to have it set aside?

 

Would that be a good way forward?

 

Thanks again for all your help.

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2012 CCJ, blimey.

 

 

that's gonna be pushing it to get one that old set aside.

 

 

might be an idea to get am sar off to MBNA

and gather as much evidence [PPI/penalties] as you can 1st before you decide

 

 

it also strikes me as this from post I is rather strange?

 

 

I had correspondence from them in Oct 2014 advising me the outstanding balance was £2964.73.

 

 

but the CCJ is for +£4k??

 

 

did you ask what address the claimform & CCJ were sent too?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Yes 2012 - not proud of it but realise this doesn't put me in a strong morale position!

 

In the first instance it was the difference between the £2964.73 and the now what appears to be correct claim amount of £4092.41 which threw me but this is what the letter from 1st Credit of Oct 2014 references.

 

I didn't ask where the claim forms were sent to but am fairly confident it would have been my address and at the time I ignored it..........

 

Is it also worth sending the CCA letter to 1st Credit at this stage as well as the DSA request to MBNA?

 

When I spoke to the court they suggested this was a good idea and to just let the court know in writing that I was doing this and would revert to them after.......

 

Thanks

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well ..

 

 

the CCJ 'trumps' the need for a CCA

 

 

but, I think we've seen a couple of CCJ's overturned through one not being available

but I don't think that was the 'only' reason for it

and it was not for one so old.

 

 

cant hurt for a quid mind!

 

 

I still wonder what APS have for you mind?

 

 

statutory demand for the same debt?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

I wondered if APS were trying to deliver something for IND who seem to have taken it on from 1st Credit assuming the judgement has previously been in 1st Credit's name?

 

I do have one other debt which I will be resolving once this one is sorted - however I phoned APS and they confirmed that it was on behalf of IND for 1st Credit which would say it is to do with this one?

 

Would it in any way be prudent to accept the delivery from APS - I still have all their details so could arrange this?

 

I will definitely send the CCA & DSA report - as you say if it causes them a bit of incovenience, well worth the £1 as I don;t think they are making this as simple (at this stage) as they could.........

 

Thanks

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