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1st Credit/? claimform - Vanquis Card 'debt'


juzza999
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Morning all

On 10 November 2015 I have received court paperwork from Northampton county court,

claimant 1st credit for an amount of £679.63, relating to a credit agreement dated 29//10/2010 between myself and vanquis bank, on 15/02/13 the debt was assigned to first credit.

 

I completed and returned the court paperwork saying I intended to defend the whole amount,

I have no record or knowledge of this debt and could they provide proof that this was in fact my debt.

 

The court acknowledged the receipt of the paperwork and advised 1st credit of my intention.

 

First credit replied to me on 14 December 2015 with copies of a notice of assignment,

telling me they had until 26 December 2015 to notify the court of their intention to proceed.

 

I then received a letter telling me they intended to proceed

but had still not been provided with copies of the credit agreement from vanquis bank.

 

I have now received a further court letter "notice of proposed allocation to the small claims track" I have to reply by 7 January 2016.

 

How can I be taken to court for a debt which I'm not sure is mine and that 1st credit have not proved is mine, any advice would be greatly received.

 

Many thanks

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Hi

I have moved your thread to the Financial Legal Issues forum where you will get more help.

 

Firstly, can you fill in this and copy paste to this thread,

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**&p=4486063&viewfull=1#post4486063

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Notice of Allocation of claim to track..this transfers the claim to your local county courtlink3.gif and the court will advise what must happen/options along the way before the trial date.

 

You will be offered Mediationlink3.gif (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.

 

 

..............

 

 

have you sent a CCA request to 1st crapit?

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,

 

I've requested a copy of my signed credit agreement they've not supplied it as yet,

 

how do I respond if there's no proof the debt is mine ?

 

This has been my initial defence

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can you fill that link in please

 

 

and post up the defence you filed 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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Share on other sites

we require the following information:-

 

Name of the Claimant ? 1st credit finance led

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 21 December 2015, reply by 7 January 2016

 

What is the claim for –

 

On 29/10/2010 the defendant entered into an agreement for a credit card with vanquis bank limited under ref .......................

On 30/04/2012 the defendant defaulted on the agreement with an o/s balance of £680.

On 15/02/2013 the debt was assigned to 1st credit of this sum by creditor

statutory notice of assignment was sent to the defendant,

the claimant claims the sum of £680

plus interest under section 69 of the county courts act 1984 at the rate of 8% per year

from 25/02/13 to 09/11/2015 upto the date of judgement or earlier payment at a daily rate of £0.15.

 

What is the value of the claim? £680

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

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

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.1st credit

 

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? NOT THAT IM AWARE OF, I don't think this is my debt

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

Why did you cease payments? NEVER MADE ANY

What was the date of your last payment? NA

I have requested from 1st credit the signed credit agreement and deed of assignment,

they have provided the deed of assignment but not credit agreement or any other account details.

 

My defence was

I have no knowledge of this debt and do not acknowledge it,

I require that you supply me with the following documents:

A true copy of the alleged agreement you refer to

True copy of the deed of assignment

 

I understand that this should be supplied within 12 working days, this is still o/s

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you got the deed?

or do you mean notice of assignment?

 

 

have you moved in recent times?

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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aha thought so.

 

 

so you obviously do know about the card then..

but have denied all knowledge in your defence mind..

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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Have you acknowledged service yet?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Yes I now have until 7 Jan 2016 to complete small claim track questionnaire and return to courts,

 

So you have submitted a defence also?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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bottom of post 6 andy

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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bottom of post 6 andy

 

Thanks DX I almost missed it......:-)

 

My defence was ...

 

 

"I have no knowledge of this debt and do not acknowledge it,

I require that you supply me with the following documents:

A true copy of the alleged agreement you refer to

True copy of the deed of assignment

 

I understand that this should be supplied within 12 working days, this is still o/s "

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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