1St Credit/Moon Beever County Court Claim

[bluewing]

Hi Everyone,
i found your group around searching Google and found a lot of experts advice from individuals and those are in troubles. and now I am one of them who seeking your advice from these community forums.
I hope could someone give me an advice and steps to do with this court claim from 1st Credit:
I recieved these court claim last 23rd of April and the form is dated on 17th of April.
My steps I've done already are reply from moneyclaim website to dispute these claim from 1st Credit today and send CPR 31.14 to DCA and to their solicitor with 1 postal order. I copy the template of those here as I am sure that is the best for them to provide such documents.
here is the Particular of Claims:
The Claimant claims of 3,154.42 for debt and interest. The Defendant from 11/10/2011 held an account with Lloyds Bank Plc and it was assigned account number XXXX Lloyds Plc granted an overdraft facility.
Lloyds Bank Plc demanded repayment of the outstanding sum on the account that time. The account was in default on 15/11/2010 and the outstanding balance was3,056.08. On 18/11/2013 the debt was assigned to 1^stCredit(Finance) Limited in the sum 3,056.08. Notice of Assignment were sent to Dependant in accordance with S.136 Law of property Act 1925. And the Claimant Claims.
1 The sum 3,056.08
2.Statutory interest pursuant to Section 69 of the County Court Act 1084 at a rate of 8% per annum from 18/11/2013to 16/04/14 98.34 and thereafter at daily rate of 0.666 until Judgment or sooner payment.

I hope could someone give me an advice and enlighted about such these case with overdraft court claim.

Thank you so much.

[bluewing]

Re: 1St Credit/Moon Beever County Cour Claim

Additional background about these account overdraft.
Before the split of Lloyds-TSB company I recieved a numerous DCA's claims and I ignore all of them until they stopped chasing me as I desputed it with the Bank and ignoring me during my worst financial stuations, while the other creditors accept what I can afford during those time. They refer me to Payplan while playplan encouraging me to talk with the Bank. Until such time my credit being sold to DCA and DCA sold to another DCA. and stop for a year until LLoyds-TSB split. then suddenly by mid of November 1st Credit stand from nowhere...
Thanks for any reply

[bluewing]

Re: 1St Credit/Moon Beever County Cour Claim

Just check my credit file from Noddle today and it shows owned by now with 1st Credit Limited. Two months ago it was Lloyds Bank Plc. Is that mean 1st Credit is the new owner of my credit? When I carefully check the Notice of Assignment is not look real or authentic which I compared to all Lloyds Bank correspondence.

[bluewing]

Re: 1St Credit/Moon Beever County Cour Claim

Hi everyone,
Could someone here help me on how to prepare my defence based on the above I posted yesterday. Please share your experience with these DCA and how to deal with my situations. I can give more details if you need to. many thanks!

[ncf355]

Re: 1St Credit/Moon Beever County Cour Claim

Hi,

Yes, 1st Credit will now own your debt - they actually state this within the claim details you have posted with the 'assignment' part

One moment and I'll post some assistance

[ncf355]

Re: 1St Credit/Moon Beever County Cour Claim

Umm...............you say you sent a postal order with a CPR request?

Postal order would only be for a CCA request (Consumer Credit Act 1974 S77/78 request for copy of original agreement)

So have you sent both a CPR 31.14 and a S77/78 request?


Past advice has been to send the CPR 31.14 request and then if they don't respond within 7 days, make an application to the court for a 'unless' order (they supply the docs within a further 7 days or their claim is struck out)

The problem we face here is that many are being told by Northampton court they need to enter a Defence before they can make an unless application, but then often the court assigns the claim to small claims which makes CPR 31.14 invalid.

Given the timelines Northampton operate to (sloooooooooooooooooooooow!) the best way I can see of doing this is to:

A) make the CPR 31.14 application to the DCA/Claimant (as you have done - I think?)
B) If no response in 7 days (allow 8 to play it safe) - enter a Defence stating you believe the Claimant has no lawful claim as the have failed to provide:

- A copy of the original agreement
- A copy of the terms and conditions as applicable at the time of the agreement
- A copy of the S76 CCA 1974 termination notice
- A copy of the S87 CCA 1974 default notice
- A copy of the legal deed of assignment showing their right to take action

C) At the same time, send an application for an unless order to the court asking that the Claimant supply the docs within 7 days, or their claim stands struck out without further order

NOTE that the S87/88 request is a slightly troublesome one with overdrafts, it only DEFINITELY applies to credit cards and loans, but many believe (myself included) it is worth going for on overdrafts as for them to be exempt from this requirement (Part V of the CCA 1974), they need to show they met with various requirements placed upon them by the OFT

In addition, if you had an agreed overdaft limit and this was exceeded, it is believed this removes their Part V exemption

[ncf355]

Re: 1St Credit/Moon Beever County Cour Claim

Please wait for others comments on this before taking action via my comments, always good to get a balanced view!

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Thank you so much ncf355. It's give me a positive motivation to move on...

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

As above, did you send both a S77/78 request AND a CPR31.14?

[Amethyst]

Re: 1St Credit/Moon Beever County Court Claim

''My steps I've done already are reply from moneyclaim website to dispute these claim from 1st Credit today and send CPR 31.14 to DCA and to their solicitor with 1 postal order. I copy the template of those here as I am sure that is the best for them to provide such documents.''

That's perfect (well other than sending the £1 as you don't need it for the 31.14 request - maybe they will return it to you, maybe not lol - but double check it WAS the 31.14 you sent not the CCA)

I still stand by making the 31.14 application - the issue is some judges are treating it differently to others - some are making you file a defence first (which negates the 31.14 request) and some are making orders for claimants to comply with the 31.14 request pre allocation (which is what we want). The other issues is the massive increase in fees - almost a 100% rise to £155 for filing an application.

I do think as you have some time left you should send a chaser letter on the 31.14 request informing them you will be making an application - I also think you should always ask for an extension to your defence filing date if they still don't comply. Just assists you looking like you have done everything possible to work out the details of the alledged debt before entering a defence or application, and thus more likely to have the court on your side.

You do sound as though you have other issues you can combine in your defence (the payplan issues) with the request for information so if it comes to it you can do a defence including those issues.

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

Ame,

I missed a bit (had a train of thought and got sidetracked by the CCA request comment re overdrafts)

Now added C) above re the unless application


I think the way I've done it above covers all bases, as the judge cant argue you didn't enter a Defence (as with my application), but you will also be able to show you made the application prior to allocation to Small Claims

This way, I dont see how the court could ever argue a valid reason to refuse the application?

[bluewing]

Re: 1St Credit/Moon Beever County Cour Claim

Thank you so much for your advices, I am starting to draft my defence letter, its really great help for me. your advices....

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi! nf355,
Yes, I did from the following template link:
http://www.legalbeagles.info/forums/...682#post409682
Thanks again.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

I recieved the court claim last 23rd of April and the form is dated on 17th of April. I acknowledge of service on 2nd of May. What is the timeline could be? trying to dig around the forums a sample letter for follow up CPR 31.14 to DCA and to their solicitor? and let says after 12th of May and no replys from them I could do N244 and submit my defence at the same time? In your experience what scenarios I could expect during that period. Thank you much again for your time for helping me here.

[Amethyst]

Re: 1St Credit/Moon Beever County Court Claim

Basis for chase up letter, change first paragraph (unless they have said the quoted bit of course) - just to the solicitor representing the claimant

You may receive a response from the claimants disputing your rights to request these documents, usually because your claim would likely be allocated to the small claims track (where, once allocated, CPR 31.14 would not apply)

You can respond to this letter reminding the claimant the claim has not yet been allocated to any track;


Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name