Claim form Moon Beever / 1st Credit HSBC overdraft debt

[nas2211]

Name of the Claimant ? 1st Credit (Finance) Limited

 

Date of issue - 27 Jan 2016

 

Date to submit defence = Friday 26th Feb by 4pm

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

 

1.The Claimant is the assignee of a HSBC Bank Plc debt in the sum of £3,072 assigned on xx/01/2015.

Statutory notices of assignment were sent to the defendant.

2.The debt is for arrears on an overdraft facility first opened by the original creditor on or about xx/01/2008 under reference xxxxxx/xxxxxxxx. The defendant used the credit facilities.

3.On xx/01/2014 the account defaulted with an outstanding balance of £2,835.

The claimant and its predecessors in title demanded repayment of the sum due.

In breach of contract the defendant failed to repay the sums due.

 

What is the value of the claim? £3072 plus costs

 

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

 

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

 

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? No

 

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

 

Why did you cease payments? Redundancy causing financial issues

 

What was the date of your last payment? Late 2013

 

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

[nas2211]

A family member is in a position to gift me some funds to settle this debt.

 

My question do I contact 1st Credit directly to negotiate a settlement figure?

If so, I'm not sure what I should return from the pack in the meantime.

 

I'm not willing to admit the full amount as it appears to have increased from the original c£2800 that I've just checked

and is listed on my credit file against 1st Credit.

 

I'd like to settle it and avoid a CCJ against my name.

If anyone can advise what steps I should take,

 

I would be very grateful.

[AndyOrch]

Hi nas

 

You have 33 days in total to deal with the claim if you are intending to defend all....only by defending all can you possibly avoid a CCJ...partial admittance will result in a CCJ for the admitted part.

 

So 19 days (from the date on the claim the date being day 1) to acknowledge service..... this can be done on line using MCOL once you have registered to use the service..as can your defence...so there is no need to use or post anything from the claim pack...but keep it safe.

 

You then have a further 14 days to submit your defence...so 33 in total.

 

I would start with sending the following to the claimants solicitor named on the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy

[dx100uk]

please note the amended date by which your defence needs to be filed.

 

 

 

 

dx

[nas2211]

Hi Andy, thank you for your advice. Am I right in thinking that if judgement is made against me, but I pay the amount claimed in full within 30 days of judgement, then a CCJ won't be registered on my credit file?

 

My main concern is that I intend on getting my first mortgage next year, and a CCJ registered against me will make that nearly impossible.

 

I don't deny that that I used the overdraft facility, and I am in a position to be pay the amount originally owing, so I wasn't sure if I should just bite the bullet and pay it all now, or if it is possible to negotiate a settlement figure without a CCJ being registered for years against me.

 

Many thanks,

Nas

[AndyOrch]

Hi Andy, thank you for your advice. Am I right in thinking that if judgement is made against me, but I pay the amount claimed in full within 30 days of judgement, then a CCJ won't be registered on my credit file? Correct or by the date stated on the judgment notice

 

My main concern is that I intend on getting my first mortgage next year, and a CCJ registered against me will make that nearly impossible.

 

I don't deny that that I used the overdraft facility, and I am in a position to be pay the amount originally owing, so I wasn't sure if I should just bite the bullet and pay it all now, or if it is possible to negotiate a settlement figure without a CCJ being registered for years against me.That is were defending this claim comes in...you can accept for ease and lack of aggravation pay what they request...even though it probably consists of 50% unfair charges and unlawful charges applied after assignment or you can challenge it and force the claimant to negotiate.

 

Be aware that a claim only becomes equal if defended and challenged if you accept or do not respond it's a default judgment which you have no say in the matter. So any defence is a means to seek clarification

 

Many thanks,

Nas

 

Regards

 

Andy

[nas2211]

Really clear and useful advice Andy, thank you. I will follow your advice in sending the letter to the solicitors in the first instance, and register my intention to defend online.

 

Many thanks again.

[nas2211]

So yesterday I acknowledged service and logged my intention to defend. Then today I receive a voicemail from someone at 1st Credit (haven't had a call from them before) saying I should contact them urgently.

 

I've sent the recommended letter to their solicitors today by registered post, so I am assuming I should ignore the voicemail and wait for a response to my letter?

[dx100uk]

Personally I'd not

[nas2211]

Person I'd not

 

Do you mean you wouldn't call them back? I'd prefer not to deal with them over the phone too.

[AndyOrch]

Don't call them back

[nas2211]

Thanks, I've ignored it, and the call I had again this morning from them...!

[nas2211]

I received a letter from Moon Beever today which reads as follows:

 

Dear Madam

 

1st Credit (Finance) Limited vs xxx

 

We refer to the above matter and your letter of 5 February 2016.

 

We have requested copies of the documents listed in your letter from our client and will revert to you once they have been received.

 

Yours faithfully

 

I'm still continuing to get daily calls from 1st Credit which I'm ignoring.

[AndyOrch]

Excellent ....so we wait....

[nas2211]

Excellent ....so we wait....

 

The support is really appreciated thank you!

[nas2211]

Letter received today...

 

Dear Madam

 

1st Credit Finance Ltd v xxxx

 

Please find attached documentation as requested.

 

Our client has confirmed that they have previously sent you this information and any dispute has therefore been resolved.

 

We look forward to hearing from you.

 

Yours faithfully

 

Moon Beever

 

Enclosed is a thick bundle of printed pages of personal banking terms and conditions, and an electronic text version of a final demand letter with no identifying features of who it's from, but dated 14 November 2013 and likely to be from HSBC.

 

I have not previously received information from 1st Credit as claimed in the letter from Moon Beever.

 

None of the other documentation I had requested is enclosed.

 

How should I respond or proceed?

 

Many thanks

[dx100uk]

IMHO hold your nerve

[nas2211]

Is this sort of response from them typical? They've just ignored almost everything I've asked for and seemingly closed the matter?

[AndyOrch]

Do you think what you have received will be enough to convince the Court on the balance of probabilities ...nas?

[nas2211]

Do you think what you have received will be enough to convince the Court on the balance of probabilities ...nas?

 

Possibly not, as there's nothing that shows the process that should have been followed or the debt being assigned?

[AndyOrch]

Wait and see if they wish to proceed then.

[nas2211]

Im a bit concerned that their letter reads as if it's in my hands now,

as if I'd already been provided with the information I was asking for (which I haven't been).

 

 

Should I write back and say they haven't complied with my request,

or just leave it and write that in my defence?

[dx100uk]

no as post 21

next move is the claimants

[nas2211]

Ok great, thanks

[nas2211]

I've not heard anything further in writing, although I'm receiving daily calls from who I believe is 1st Credit, which I'm not answering.

 

My deadline for defence is this Friday 26th Feb, so I'm wondering how I should start drafting this?

 

Any guidance that can be offered will be much appreciated!