Uncle Buck and First Stop Recoveries claimform - old PDL Loan 'debt'

[pebbles000]

Hi all,

 

Im at a complete loss.

 

I got a ccj claim and thought id filled it all in correctly

- wasn't entirely sure what the debt was,

Im thinking a payday loan that I abandoned.

 

 

I filled in acknowledgement of service and defended the claim using information I found through researching my problem

and using an appropriate template from here or so I thought.

 

I got a Notice of proposed allocation to the small claims track

and have to reply in a few days and I don't know what I have done.

Or more importantly what to do.

 

Ive buried my head in the sand and Im just at a loss with it all.

 

 

I think Im getting somewhere with my debts and then I go and mess it all up (sorry I know that is very woe is me)

 

 

Having a really tough time at the moment with home life and anxiety and this is just pushing me to the edge.

 

 

Just sold our home to move into rented accommodation and the last thing I need is a ccj causing me issues with renting a place

 

Can anyone please advise?

Many Thanks

[citizenB]

Pebbles, you will need to provide more information. Can you tell us the following...

 

What was on the original claim form. ?

 

Did you acknowledge and submit your defence online ?

 

Please tell us exactly what you said in your defence ?

 

The notice of proposed allocation is standard and you need to complete it and return to the court by the date advised, else the claimant can request your defence be struck out.

 

Once you have provided the information above, I will find someone who can advise further.

Edited November 24, 2015 by Andyorch
Edit

[pebbles000]

Sorry of course.

 

 

From the Original Claim form What information do you need? I cant find it

 

But I can log in online and find the information needed

Is this ok?

 

Claimant 1st Stop Recoveries Ltd

 

Amount Claimed £505.68

I did acknowledge and submit my defence online.

 

 

My defence was;

 

 

Defence

1) The claimants particulars of claim are vague and fail to

disclose any cause of action, they appear to be an abuse of the

process in that they fail to deal with the basic rules of pleading

in accordance with the Civil Procedure Rules.

 

2) No documents supporting the claim in the particulars have been

offered nor have any dates of agreement or account numbers been

stated which the defendant needs to establish what agreement it is

that this action is based upon and so the claimant's claim appears

without merit.

 

3) As a result, the claim as pleaded does not contain sufficient

particulars to permit me to file a properly particularised and

pleaded defence. I have made a request for disclosure, pursuant to

Part 31 of the Civil Procedure Rules, to the Claimant to allow me

to properly respond to the claim. The Claimant has failed to

respond to the Part 31 request.

 

4) It is Not admitted that I signed any agreement with 1st Stop.

If, which is not admitted, such an agreement exists the precise

terms and date of any such agreement are not admitted. I do not

have in my possession any such agreement and am not therefore able

to comment thereon. The Claimant is put to strict proof as to the

date and terms of such agreement.

 

5) It is averred that if any agreement did exist that the

aforesaid agreement would be a regulated agreement within the

terms of the consumer credit Act 1974 ('the Act'). It is not

admitted that any alleged Agreement is enforceable within the

terms of the Act. As I do not have a copy of the said agreement

the Claimant is put to strict proof that the aforesaid agreement

was properly executed and has been enforceable at all times since

its’ inception.

 

6) It is averred that before Proceedings may be commenced the

Claimant or 1st stop must have served myself with a valid Default

Notice complying with the provisions of Sections 87 and 88 of the

Act and the Regulations made subsequent to that Act.

 

7) It is not admitted that any valid Default Notice was ever

served upon me and the Claimant is put to strict proof.

 

8 ) It is not admitted that any alleged agreement was lawfully

assigned to the Claimant. The Claimant is put to strict proof that

such a lawful assignment took place. Without this proof, the

Claimant has no standing before the court.

 

9) If, which is not admitted, a lawful assignment to the Claimant

did occur it is denied that sufficient notice as required by the

Law of Property Act 1925 was served upon myself. The Claimant is

put to strict proof as to the content and the manner of service of

the alleged notice.

 

10) Further and in the alternative if, which is not admitted, an

enforceable agreement is in existence, it is not admitted that any

or all of the monies claimed are lawfully owing. The Claimant is

put to strict proof as to how the sum claimed has been calculated

and as to how the sum claimed is lawfully owing.

 

11) Further, it is denied that any alleged contractual account

charges and any interest applied thereon which make up any part of

the sum claimed are lawfully owing in that it is averred that

these sums would have been claimed pursuant to an unfair contract

term and in addition are in breach of the general law.

 

12) It is averred that any account charges that are claimed are

in breach of the common law in that they are a penalty and that

they do not reflect any actual loss or the true extent of any

costs incurred by the Claimant and are therefore void.

 

13) Further and in any event it is averred that any clause of the

alleged agreement under which the account charges are claimed is

an Unfair Term contrary to The Unfair terms in Consumer Contracts

Regulations 1999 and, by virtue of Regulation 8(2), 'shall not be

binding on the consumer'. Any such contractual terms are therefore

void

 

14) In any event and pursuant to the County Courts (Interest on

Judgement Debts) Order 1991 the claim for interest pursuant to

Section 69 of The County Courts Act 1984 is denied.

 

15) Further and in any event in view of the failure to comply

with the CPR Part 31 request it is denied that the Claimant is

entitled to costs as claimed.

 

16) Without admission that any cause of action is shown by the

Claimant it is denied that I am indebted to the Claimant as

alleged or at all.

 

 

Statement of Truth

I believe that the facts stated in this defence are true.

 

Many Thanks

[citizenB]

Nope that information looks ok .. and are you sure you found that defence on this forum ?

 

Whilst hindsight is a wonderful thing, I wish you had asked for help on receipt of the claim form

 

So, the claim you believe is in respect of a Pay Day Loan - do you know which company ?

 

It is fairly obvious that the account, when it became delinquent, was then sold/assigned to the company now currently making the claim.

 

Can you have a look at the first post in the thread linked below. Provide answers to the questions..by posting them in this thread, this is what we would have asked you to do had you come to us on receipt of the claim form.

 

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

[pebbles000]

Your completely right, hindsight is a very wonderful thing.

Sorry for not asking beforehand. I really struggle asking for help which I suppose is how I got into this position in the first place.

Yes quite sure I found it here, will try to find the thread.

 

I don't know which company, I believe I had one letter threatening action and I ignored it as I wasn't sure what it was then a while later a ccj claim dropped through the door.

 

Name of the Claimant ? 1st stop Recoveries Ltd

Date of issue – . 05/10/2015

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. Not available right now. Cannot find original claim form

 

What is the value of the claim?

Amount Claimed

£470.68

Court Fee

£35.00

 

Total Amount

£505.68

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Assume payday loan but not had any information back from them

When did you enter into the original agreement before or after 2007? After 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.

I think it has been sold as don't remember having a loan from 1st stop. Possibly Uncle Buck?

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor?

If uncle Buck then yes but cannot be sure that is who they are recovering from

 

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

Why did you cease payments? Couldn't afford it was stuck in payday loan loop of rolling over

What was the date of your last payment? Not sure within the last 12-24 months

 

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?

If uncle Buck I tried to get them to stop adding to loan and asked to pay off in small amounts

but was told token payment was not enough.

[citizenB]

Thanks pebbles - I will leave an S.O.S for others on the site team who have more experience / knowledge than me and they will look in on you soon as they can.

 

What is the date of return for the Directions Questionnaire (N180) that you have received, please ?

Edited November 24, 2015 by Andyorch
Edit

[pebbles000]

27TH so Im going to have to send it tomorrow.

 

 

Im not staying at home at the moment so can only collect mail periodically.

 

 

The ex is making it difficult.

I think ive kind of screwed this one up.

 

 

Im so mad at myself as I have negotiated my way out of two ccjs

and got two friends out of one each Im just not very on the ball at the moment due to personal life issues.

 

Thank you for your help.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?455089-court-papers-received.-Uncle-Buck-amp-First-Stop-Recoveries-Ltd

 

It does appear that Uncle Buck and First Stop Recoveries go hand in hand. Have a read of the thread linked above and see if there is anything there that you might be able to use. Meanwhile, your thread has been flagged for ST attention

[pebbles000]

Had a quick read through the thread and same as thread started default was very late if memory serves me correctly.

 

But 1st stop didn't reply to my email or letter asking for information.

 

Will await replies and see where I should go from here.

 

Many Thanks

[shamrocker]

Hi Pebbles

 

Let me just point out that there will be ways of avoiding a CCJ should you end up admitting the debt, so don't worry too much about it. In the meantime, let's concentrate on: 1. making the claimant work, 2. see if anything useful turns up when you make them work.

 

Yes, indeed you should have got on here straight away. Can you confirm that you've definitely submitted your defence? If so, there's not a lot you can do right now except possibly send CCA and CPR requests, should should really have been done as soon as you received the claim form. Nevertheless, you're on here now and that's the main thing.

 

Sham

[AndyOrch]

If you could provide the particulars of claim (verbatim ) Pebbles and a link to thread that you state that defence came from.

 

Regards

 

Andy

[pebbles000]

I would assume my verbatim would be this or similar;

 

1st stop recoveries claim this amount in respect of an unpaid load funded by Uncle Buck Ltd

The defendant failed to abide by the terms of the contract.

1st Stop recoveries purchased this debt from Uncle Buck

and subsequently sent a notice of assignment to the defendant to advise the defendant

has failed to respond to any correspondance or communciation from the claimant

thus denying the claimant any opportunity in assissting the defendant in attempting to bring the matter to an amicable conclusion

 

I cannot find the original papers

[pebbles000]

Hi Pebbles

 

Let me just point out that there will be ways of avoiding a CCJ should you end up admitting the debt, so don't worry too much about it. In the meantime, let's concentrate on: 1. making the claimant work, 2. see if anything useful turns up when you make them work.

 

Yes, indeed you should have got on here straight away. Can you confirm that you've definitely submitted your defence? If so, there's not a lot you can do right now except possibly send CCA and CPR requests, should should really have been done as soon as you received the claim form. Nevertheless, you're on here now and that's the main thing.

 

 

I requested those as soon as I got the claim form but got nothing back from them, Im just trying to figure out where I have left paperwork for this as been staying at various address' in the last few weeks. I think I might be a bit past that now though as I have to reply to small claims track by 27TH Nov

 

 

 

 

Sham

 

 

..

[AndyOrch]

Thank you ....and a link to the thread that contains your defence that you submitted?

[pebbles000]

If you could provide the particulars of claim (verbatim ) Pebbles and a link to thread that you state that defence came from.

 

Regards

 

Andy

 

 

I cannot find the thread, I kind of researched it myself and this seemed to fit. Sorry I guess that's what happens when I don't ask for help. It wasn't my own thread and I didn't get any advice it just seemed to fit my circumstances. Sorry, extremely embarrassed

Edited November 24, 2015 by pebbles000
to add

[AndyOrch]

Well its not a defence that we would have recommended...too wordy...and screams debt avoidance/freeman...unfortunately.Not to worry it can be recovered further into the process.

 

OKay DQ N180...

 

Yes to mediation

 

Yes to small claims track

 

State your local county court

 

The rest is tick box self explanatory...submit to the court by the date stated...copy to the claimants solicitor (unsigned)

 

Then sit tight until you receive your Notice of Allocation...then come back and confirm the directions set by the court.

 

 

Regards

 

Andy

[pebbles000]

So sorry for being difficult. I really don't want to go to court don't even think I could get childcare - Does the above still apply?

Many Thanks

[AndyOrch]

Sorry does what apply ?

[pebbles000]

Sorry does what apply ?

 

How you explained for me to fill in the small claims track .... I wasn't sure, Iv never been at this stage before.

Sorry ...

Thanks

[AndyOrch]

You must complete the N180 and submit by the required date...otherwise the claimant can request your defence be struck out and request judgment (CCJ)

[pebbles000]

Ok I do understand that, I just wanted to make sure I wasn't committing myself to attending court Sorry for the confusion and thanks for the guidance. Ill get right on it.

[AndyOrch]

Pebbles I don't think you quite grasp the process and situation here....

 

Once a claim form is issued....the claim is going to court...unless you either admit the debt and make payment which results in a CCJ on your credit files for 6 years.

 

Or you defend and submit a defence...submitting a defence is only stage 1 of the process ...now we have allocation to track (the DQ which you are about to file)

 

Next is Notice of Allocation of claim to track..this transfers the claim to your local county court and the court will advise what must happen/options along the way before the trial date.

 

You will be offered mediation (hence you tick yes to mediation on the DQ)

You could agree a settlement with the claimant and they stay the claim

You can push the claimant all the way to the trial date and call their bluff..they may discontinue the claim.

 

But either way there is always a possibility that you will have to attend court and plead your case once you defend a claim.

 

Andy

[pebbles000]

Ok thank you for that, no clearly I don't understand the whole process. Never been in it so far before. Always stopped it before it got to this stage before. Thank you for clearly explaining it to me. Sorry for being so dim

[pebbles000]

Hi All,

Iv had en email from the mediation team.

I have a few problems, first being they have set it for 21st December and at the moment that's my provisional moving day. My house is sold and we are exchanging this week with a view to complete on or just before the 21st as that's my solicitors last day working. - It says they will only rearrange under exceptional circumstances. Does the count?

 

 

Secondly I have no evidence etc for mediation, so can I even still do it? I asked for all paperwork/proof to be sent to me and they haven't sent me anything and I don't even know if I have the receipt - its been a bad break up and Iv lost a lot of personal belongings.

 

 

What's the best I can hope for from it? An arrangement to pay and no ccj?

 

 

Sorry for all the questions I have been reading but since my big error on this doing it myself from the start I thought I should just ask.

 

 

Thanks in advance

[AndyOrch]

Will only last 10/15 mins on the phone ...if it happens at all.

 

Andy