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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..

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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Thread moved to financial Legal Issues.

 

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 OTHER

 

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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..

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 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..

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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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..

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... 

Link to post
Share on other sites

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

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.

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

 

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

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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..

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, 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 OTHER

 

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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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 OTHER

 

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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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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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..

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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  • 3 weeks later...

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..

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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