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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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Bailey14117

1st Stop Recoveries - Claimform old Uncle Buck PDL

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Hi All,

 

I'm new here and after reading so many helpful posts I was hoping someone could help me.

 

 

I have received claim forms and wondering what to do next,

 

 

please find the information I have completed below as I have filled out the questions asked:

 

Name of the Claimant ? 1st Stop Recoveries

 

Date of issue – 11th Feb 16

 

What is the claim for –

1.1st Stop Recoveries Ltd claim this amount in respect of an unpaid loan 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.

2.The defendant has failed to respond to any correspondence or communication from the Claimant

this denying the Claimant any opportunity in assisting the Defendant

in attempting to bring the matter to an amicable conclusion.

 

What is the value of the claim? £493.88 + £35.00 - Court fee

 

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

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. 1st Stop Recoveries

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't know,

 

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 ? I don't think so.

Why did you cease payments?

I don't believe any payment has been made at all.

 

What was the date of your last payment?

I'm unsure, sorry to be vague but I want to be as honest as I can and I don't know.

Was there a dispute with the original creditor that remains unresolved?

I have been on my Uncle Buck account and it shows I owe £0.00.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No.

 

 

no default notice is showing from Uncle Buck, Plan deal collections or 1st stop recoveries at all.

I have a noddle account and check this almost weekly and have also in the last 2 weeks got my experience credit report.

There is no default showing for this amount or from these companies.

It's was either over 6 years ago or I suspect it was maybe 2 years ago maximum.

Definitely no default registered with these companies.

 

Any help at all would be appreciated!

 

 

I absolutely cannot get a CCJ and I haven't done anything yet apart from recieve the forms.

 

 

They went to my parents house and I have only got them this morning,

 

 

my time is running out and I am beginning to panic!

 

Please help!

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well don't panic

slow down and get reading

 

 

there are loads of previous claims exactly the same.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=1st+Stop+Recoveries&sa=Search+CAG#gsc.tab=0&gsc.q=1st%20Stop%20Recoveries&gsc.page=1

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thread moved to financial Legal Issues.

 

Andy


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pop up on the MCOL website listed on the claimform

register as a new individual user

 

ack the claim

defend all

leave juris unticked

exit MCOL

 

get a CCA request running to 1st recoveries

get a CPR 31:14 from the legal section of the library

running to the solicitors


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi again, thank you all so much for your help so far.

 

So today I have done exactly as instructed:

 

Logged onto MCOL

Acknowledged the claim

Defended all

Left juris unticked

And logged out

 

Can I please clarify what date I have extended it to now please.

 

I will send off the CCA request letter tomorrow to 1st stop recoveries - but they have 12+2 days to reply so wouldn't that be around my deadline time to file a defence?

 

I will not sign the letter and just sign it by typing my name at the bottom of the letter, is this acceptable?

 

I will also look at the CPR 31:14, but what do I do with it?

 

It doesn't have a solicitor on the claim form or if so where will it be?

 

I have done some reading through other posts and know some of these questions have been answered before many times but I would be really grateful if I can be walked through this so I know I'm doing it exactly right.

 

Especially when it comes to my defence as I have no idea what to respond to that!

 

Thank you so much already for your help and your continued support and assistance is very much appreciated and needed!

 

Also I won't get a default notice on my file as a result of pointing out that I haven't got one will I?

 

I need my credit record to be clear,

it has been for about 3ish years now and I'm waiting patiently and paying off what I owe in the meantime and cannot wait until the end of 2017 when I should finally be able to get a mortgage!!

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Hi again, thank you all so much for your help so far.

 

So today I have done exactly as instructed:

 

Logged onto MCOL

Acknowledged the claim

Defended all

Left juris unticked

And logged out

 

Can I please clarify what date I have extended it to now please.- you haven't and you dont.

 

I will send off the CCA request letter tomorrow to 1st stop recoveries

- but they have 12+2 days to reply so wouldn't that be around my deadline time to file a defence? matters not file on time

 

I will not sign the letter and just sign it by typing my name at the bottom of the letter, is this acceptable? correct

I will also look at the CPR 31:14, but what do I do with it?

It doesn't have a solicitor on the claim form or if so where will it be? send to 1st recoveries with the CCA then.

I have done some reading through other posts

and know some of these questions have been answered before many times

but I would be really grateful if I can be walked through this so I know I'm doing it exactly right.

 

Especially when it comes to my defence as I have no idea what to respond to that!

 

Thank you so much already for your help and your continued support and assistance is very much appreciated and needed!

 

Also I won't get a default notice on my file as a result of pointing out that I haven't got one will I? nope

I need my credit record to be clear,

 

it has been for about 3ish years now and I'm waiting patiently and paying off what I owe in the meantime

and cannot wait until the end of 2017 when I should finally be able to get a mortgage!!

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ok so I've sent off the CCA Request and CPR 31:14 letters to the recovery company. I have sent them on recorded delivery together in the same envelope.

 

What happens now?

What if they don't reply by the time it's due in court?

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time to read up now

 

 

you have until 4pm Monday 14th march to file your defence

 

 

use the search cag box in the top red toolbar

and type in 1st recoveries claimform.

lots of court threads here ahead of your debacle with them.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Is there a chance they will discontinue it at court?

 

I'll do the reading as advised but may need some assistance if that's ok?

X

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you, I've looked through and to be honest can't make too much sense of what's next etc. I haven't found anyone in the exact same position as me that I can see their defence and alter it to suit my case.

 

So I have until 14th March to submit my defence, firstly how do I do this, online or to the court? I have read about an N something form, do I need this for my defence?

 

I have sent off the requests as per the above and haven't received anything back yet.

 

Shall I submit my defence without receiving them?

 

If I do receive some documentation or none, do I include that as part of my defence? And if so how do I word it?

 

I have found this on a forum and wondered if this is something like how my defence should be:

Defence

 

 

1.1st Stop Recoveries Ltd claim this amount in respect of an unpaid loan 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.

 

2.The defendant has failed to respond to any correspondence or communication from the Claimant

this denying the Claimant any opportunity in assisting the Defendant

in attempting to bring the matter to an amicable conclusion.

 

 

Defence

 

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.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £597.26.The defendant admits entering into a short term agreement for the sum of £150.00 plus one months interest from Uncle Buck Ltd .It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

2. Paragraph 2 is denied the Claimant has not made any contact nor served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

3. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.

 

 

 

Thanks xx

Edited by Andyorch
renumbered particulars

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Defence edited...please check and edit to suit.

 

Regards

 

Andy


We could do with some help from you.

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Hi, so should I replace your points 1 and 2 in red with the ones I originally put in black?

Also am I to include points 3,4 and 5 as I have put them?

 

Shall I submit the defence online today or wait a little nearer to the date for 1st stop to send me any documentation they have?

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no the red ones are their poc you have to refer too.

in yours

you don't use or send the red

 

 

look at the other claim threads to understand what to do.

 

 

almost 2 weeks to go yet


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi, so should I replace your points 1 and 2 in red with the ones I originally put in black?

Also am I to include points 3,4 and 5 as I have put them?

 

Shall I submit the defence online today or wait a little nearer to the date for 1st stop to send me any documentation they have?

 

The defence is complete..if you are happy with it....maybe wait a little longer as advised before submitting.


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 thread please PM me a link to your thread

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Ok that's great thank you!!

 

Will give it a week and see if they have replied to my letters and then look at submitting the defence.

 

Thank you all so much for your help so far!

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Bailey

 

Have you had more than one loan with UBs? Don't submit your defense yet wait for further advice


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Bailey

 

Have you had more than one loan with UBs? Don't submit your defense yet wait for further advice

 

Feel free to submit when you are ready Bailey14117 ...defence is fine.

 

Andy


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 thread please PM me a link to your thread

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Hi all,

 

Thanks so much for everyone's responses! It's given me confidence I can deal with this!

 

So I thought I'd give 1st stop the opportunity to reply to my CPR and CCA requests and they havent. I'm ready to submit my defence which is at the bottom of this post. I have changed my defence slightly to the one above because I don't actually know any original loan amounts. There are no amounts set out in the particulars just the amount of the claim which is £493.88 plus £35 court fee, so total £528.88. Do I need to refer to this amount in my defence?

 

ill await the final nod from you guys before submitting my defence.

 

Final question (for today), do I submit it online under my claim number where I defended the claim? If so do I submit it anywhere else or have to request any forms etc?

 

Coledog I cannot remember if I rolled over the loan or not, I don't believe I have more than one loan open with them.

 

So my defence as it stands is:

 

DEFENCE

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.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim.It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

2. Paragraph 2 is denied the Claimant has not made any contact nor served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

3. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.

 

Ok I'll hang on for this to be checked before submitting.

 

Thank you in advance!!

 

Bailey

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Bump, just waiting a my defence to be checked over, I have to put it in by tomorrow.

 

Thank you in advance.

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Thank you, I've looked through and to be honest can't make too much sense of what's next etc. I haven't found anyone in the exact same position as me that I can see their defence and alter it to suit my case.

 

So I have until 14th March to submit my defence, firstly how do I do this, online or to the court? I have read about an N something form, do I need this for my defence?

 

I have sent off the requests as per the above and haven't received anything back yet.

 

Shall I submit my defence without receiving them?

 

If I do receive some documentation or none, do I include that as part of my defence? And if so how do I word it?

 

I have found this on a forum and wondered if this is something like how my defence should be:

Defence

 

 

1.1st Stop Recoveries Ltd claim this amount in respect of an unpaid loan 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.

 

2.The defendant has failed to respond to any correspondence or communication from the Claimant

this denying the Claimant any opportunity in assisting the Defendant

in attempting to bring the matter to an amicable conclusion.

 

 

Defence

 

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.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £597.26.The defendant admits entering into a short term agreement for the sum of £150.00 plus one months interest from Uncle Buck Ltd .It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

2. Paragraph 2 is denied the Claimant has not made any contact nor served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

3. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.

 

 

 

Thanks xx

 

Your def is as above


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi all,

 

Submitted my def. then received a letter to transfer the case locally and with mediation offer in there.

 

This needs returning by 1st April so urgent advice please.

Do I accept mediation?

They have not sent me proof I owe the debt and therefore I can't tick the bosom the mediation form that says I have all the relevant info?

What do I do now please??

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yes to mediation


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you for such a quick response. It's done and been posted first class.

So from reading other posts when mediation contact me I tell them they haven't responded to my requests and proven the debt. The mediation cannot move forward and then what happens from there?

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I didn't photocopy and send copy to 1st stop, does that matter? Or will the court notify then of me agreeing to mediation. I don't want them to have my contact details (phone number) anyway.

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