1St Credit/Moon Beever County Court Claim

[Amethyst]

Re: 1St Credit/Moon Beever County Court Claim

Timelilne - issue date 17th April, so 33 days (28+5 for service) from then = 19th May ? for defence (or application).

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

okay, thanks a lot Amethyst....I will update you here of any progress at anytime.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
Just a quick questions, first, I mentioned on my early post that I recieved a Notice of Assignment allegedly from Lloyds Bank the paper is dated on 5 May 2013, whilst in the Particular of Claims said 11 November 2013. my 2nd question is, Notice of assignment should be send and received recorded? Is there any significant on part of my defence? Thank you once again for your time for me.

[pt2537]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
Just a quick questions, first, I mentioned on my early post that I recieved a Notice of Assignment allegedly from Lloyds Bank the paper is dated on 5 May 2013, whilst in the Particular of Claims said 11 November 2013. my 2nd question is, Notice of assignment should be send and received recorded? Is there any significant on part of my defence? Thank you once again for your time for me.

Hi Blue

First things first, the date of the assignment is important, if the notice has a date which does not accord with the deed then it would be bad per Harrison v Burke

Secondly i would say that per Pickthall v Hill Dickinson, the notice cannot give notice of a "future assignment" if it does, then this will be a point that can be taken in any defence.

The notice ought to be sent by registered post per Holwell v Huches, but that in real terms wouldnt be an issue if youre saying you recieved the notice as the reason for registered post is to ensure the debtor recieves notice.

[pt2537]

Re: 1St Credit/Moon Beever County Court Claim

Hi Blue

First things first, the date of the assignment is important, if the notice has a date which does not accord with the deed then it would be bad per Harrison v Burke

Secondly i would say that per Pickthall v Hill Dickinson, the notice cannot give notice of a "future assignment" if it does, then this will be a point that can be taken in any defence.

The notice ought to be sent by registered post per Holwell v Huches, but that in real terms wouldnt be an issue if youre saying you recieved the notice as the reason for registered post is to ensure the debtor recieves notice.

Just to add, if i understand the case right, if the notice of assignment gives notice of an assignment which took place months later, the notice will be bad and the Claim may be open to being struck out

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Thank you pt2537.
I recieved the mail just drop by our postman from last year, and I recieved a mail as well from this DCA with the same date on their paper (5 May 2013) to confirm that they are now the Data controller of my account. However after I ignoring most of their letters, I catch on my attentions from fews of their letter stating the date of purchased is 11 November 2013.
thanks again.

[pt2537]

Re: 1St Credit/Moon Beever County Court Claim

Thank you pt2537.
I recieved the mail just drop by our postman from last year, and I recieved a mail as well from this DCA with the same date on their paper (5 May 2013) to confirm that they are now the Data controller of my account. However after I ignoring most of their letters, I catch on my attentions from fews of their letter stating the date of purchased is 11 November 2013.
thanks again.

Interesting, has there been any internal assignments? 1st Credit do sell between their internal companies a lot, that may well be the reason for the discrepancies

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi pt2537,
Please accept my apologise as I am totally exhausted and stress from last night, I review again the date and it was December 05, 2013 and not May 5, 2013 as I mentioned earlier. my apologise. normally banks wrote 5 December 2013 and not 05/12/2013, and again I review my Acknowledgment of service I submitted last May 2. and I tick both " Intend to defend all of this calaim" and "I intend to contest jurisdiction". I am not sure the impact and consequences of this matter. thank you for understanding.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
I am confuse about these statement: "A NOA can be sent by the original creditor and or the debt purchaser, there is no basis in your theory that a debt purchaser can just 'write' a NOA, many creditors authorise a DP/DCA to use their own template NOAs." Is it means if i put on my defence it will become invalid, if I insist it must be recorded and should be from original creditor? many thanks for any reply.

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

The fact remains that if the Notice of Assignment given to you is after the date they commenced action, their claim should fail

However, a Notice of Assignment is all very well, but the way I understand it even if they overcome this issue, you could still compel them to produce the actual DEED of assignment in court (the document that shows the purchase and full legal assignment of your debt from the original (or previous) creditor to their company

Without this, they have no right to sue, unless the original/previous creditor joined the legal action

[pt2537]

Re: 1St Credit/Moon Beever County Court Claim

The fact remains that if the Notice of Assignment given to you is after the date they commenced action, their claim should fail

However, a Notice of Assignment is all very well, but the way I understand it even if they overcome this issue, you could still compel them to produce the actual DEED of assignment in court (the document that shows the purchase and full legal assignment of your debt from the original (or previous) creditor to their company

Without this, they have no right to sue, unless the original/previous creditor joined the legal action

I agree, if the notice is given after proceedings were launched. There is case law on this point too.

[Amethyst]

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.

If they are a UK company they will use the format DD/MM/YY as opposed to the US version of MM/DD/YY.

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

I agree, if the notice is given after proceedings were launched. There is case law on this point too.

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?

[bluewing]

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.

[Amethyst]

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)