1St Credit/Moon Beever County Court Claim

[FlamingParrot]

Re: 1St Credit/Moon Beever County Court Claim

"I think there is some confusion over the dates. Does it come from the format of their dates ? ie 12/05/13 vs 05/12/13 ? Need to suss out which one it is for certain."
I am also confused the way the dates the DCA reproduced NoA and their Account Assignment earlier on my post, I am certain it is 5 December 2013 and the date purchased is 18 November 2013. My presumption is maybe possibly they bought my debt as I found on my Noddle credit history it is now 1st Credit, which is two months ago it was from Lloyds Bank. and also they put defaults from March and April 2014.
I check on Royal Mail and they both (DCA& their Solicitos) recieved the letter last Tuesday. Can I send a chase letter again for follow up? or just wait until 7 days past and send my defence and N244 at the same time?
many thanks for any advice.

You don't chase the CCA request if you sent one. You should chase the CPR request, but wait till the 7 days have passed, then ask them to agree to an extension since they haven't supplied you with the documents. If it was just received on Tuesday, you'll have to wait till next week. :clock:

Normally you'd either submit a defence based on the information you have or an N244 unless order. Before you do, you'd need to show the steps you have taken to try and get the claimant to supply you with the documents and/or agree to an extension. :typing:

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

PT, just for clarity, do you agree about the right to ask them to show the deed of assignment in court to prove they have legal title?

Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607,.pdf

Page 7 para B

M1

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

[ATTACH=CONFIG]11599[/ATTACH]

Page 7 para B

M1

Lord Denning as well!

Thanks for that Mystery - very useful!

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

"Any chance you can upload a piccie of the docs you got ? (take off your address etc)"

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

I received a letter from DCA solicitor today, looks very tricky on thier response:

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,

As I mentioned earlier, I recieved the letter from DCa's solicitor last 9 May 2014 and stated:
"We act for 1st Credit Finance Limited
We refer to your letter of 2 May 2014, and your postl order £1.00 which we hold pending reciept of our client's instructions. We have requested our client instructions.
We will place a hold on this matter whildst we await our client's instructions.

signed Moon Beever"

I am thinking they not mentioned on this letter about the cpr request and they tried to use the issue with £1 I've send to them... any ideas? should I remind them an another letter now to send my requested document? and also can I send a letter to original creditor mentioning section 10 Data Protection Act to not share to any third party as it caused distress on my part?
Many thanks to your advice.

[FlamingParrot]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,

As I mentioned earlier, I recieved the letter from DCa's solicitor last 9 May 2014 and stated:
"We act for 1st Credit Finance Limited
We refer to your letter of 2 May 2014, and your postl order £1.00 which we hold pending reciept of our client's instructions. We have requested our client instructions.
We will place a hold on this matter whildst we await our client's instructions.

signed Moon Beever"

I am thinking they not mentioned on this letter about the cpr request and they tried to use the issue with £1 I've send to them... any ideas?

Sounds like they are referring to your CCA request which is separate from the CPR request. They should comply with that one in 7 days. If you also sent it on May 2nd, then you should chase them and/or get them to agree to an extension of up to 28 days as per CPR 15.5. :thumb:

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

should I remind them an another letter now to send my requested document?

As above, you should chase them about the CPR request, not the CCA request.

and also can I send a letter to original creditor mentioning section 10 Data Protection Act to not share to any third party as it caused distress on my part?
Many thanks to your advice.

Who have they shared your details with? If they have sold the account to 1st Credit, obviously they are entitled to share your details with them since they are the new account owner.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Sounds like they are referring to your CCA request which is separate from the CPR request. They should comply with that one in 7 days. If you also sent it on May 2nd, then you should chase them and/or get them to agree to an extension of up to 28 days as per CPR 15.5. :thumb:

As above, you should chase them about the CPR request, not the CCA request.

Many Thanks Flaming Parrot.
Is there any template can I use around the forum for chasing letter.?

Who have they shared your details with? If they have sold the account to 1st Credit, obviously they are entitled to share your details with them since they are the new account owner.

So, I can use it to 1st Credit instead? or it is not good idea, and it will getting worse?

Many thanks again for your help

[FlamingParrot]

Re: 1St Credit/Moon Beever County Court Claim

Many Thanks Flaming Parrot.
Is there any template can I use around the forum for chasing letter.?

Not as such, most people just ring and/or email the solicitors to tell them they haven't complied with the request within the timeframes, ask them to agree to an extension, and gey them to confirm their agreement in writing (email is fine). :typing:

Do keep a log of all phone calls, emails, etc. in case you decide to go for an unless order.

So, I can use it to 1st Credit instead? or it is not good idea, and it will getting worse?

Many thanks again for your help

What are you hoping to achieve?

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

What are you hoping to achieve?

An alternative option if in case it goes too far, I hope it will not happen.
I will stick your advice here as you are more experienced about dealing with them.
Thank you so much.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
I come up with this letter to send to DCA's solicitor: please correct me with this letter.

Dear Moon Beever,


I refer to your letter of May 9, 2014, which I request for documents mentioned in a statement of case under CPR 31.14 last 2 of May 2014, however your response to my request for disclosure of documents I mentioned under CPR 31.14 is unclear.


This is my second time to request such document's. If you require more time in which to comply with this request you must tell me in writing. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with 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 as required under CPR15.5.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.





xxxx




Many thanks for your time.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

I send the above letter early this morning before I go to work and I got a response from one of their reps:

"Dear Sirs


Thank you for your email of today.

As advised previously we await our client’s instructions, I will seek further instructions today. I am in a position to clarify that we will not request judgment in this matter, pending receipt of our client’s instructions and would propose in any event to provide you with a time period when we are in a position to respond to allow you to consider the contents of any letter we may write and either put forward a payment proposal, or choose to file a Defence.

Yours sincerely

xxxx"

Could someone give an idea what is this means?
Do I need further action as the 33 days nearly aproaching.

many thanks again

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
further to the email I recieved earlier this morning, an another email recieved from DCA's Solicitor a minute ago with the message says:

"Dear Sirs

We write further to our email of earlier today. As advised we have referred your request for disclosure to our client, and we will communicate with you again when the paperwork is received.

From a review of the file our client would ordinarily be entitled to enter judgment against you on the 20 May 2014. As you will know from your reference to CPR 15.5.1, the parties are able to agree an extension of 28 days to file any defence. Our client would be agreeable to such extension if you so request. We look forward to hearing from you,

Yours faithfully

xxxx"

Agreement extending the period for filing a defence

CPR15.5

(1) The defendant and the claimant may agree that t

he period for filing a
defence specified in rule 15.4 shall be extended by
up to 28 days.
(2) Where the defendant and the claimant agree to e

xtend the period for filing
a defence, the defendant must notify the court in w

riting.

How should I response to these message. How I can tell the court? (CCBC) for such extension?
sorry I really no idea how things to do.

Thank you for any assistance. and guidance.

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

In light of your email of xxx i would ask for agreement to the period for filing a defence to be extended until 17/6/14.

Once they confirm that then you can forward the acceptance to the court with a note to say both parties agree to extend the period for filing a defence to 17/6/14 pursuant to cpr 15.5

M1

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Thank you so much Mystery1

Once they confirm that then you can forward the acceptance to the court with a note to say both parties agree to extend the period for filing a defence to 17/6/14 pursuant to cpr 15.5

is that forward the email through here? ccbcdefendants@hmcts.gsi.gov.uk or by recorded mail? at
St. Katharine's House
21-27 St. Katharine's Street
Northampton
Northamptonshire
NN1 2LH
DX 702885 Northampton 7

thank you again for any assistance