1St Credit/Moon Beever County Court Claim

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

Either will be fine.

M1

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
Could someone check if this is right/wrong. I will send it later by email. many thanks again.

FROM: xxx

SEND: 15 May 2014
TO: ccbcdefendants@hmcts.gsi.gov.uk
SUBJECT: Northampton (CCBC) Claim No. xxxx 1^st Credit Credit Finance Limited -v – xxxx



Dear Sir/Madame,
Ref: Claim No. xxxx 1^st Credit Credit Finance Limited -v – xxxx



Pursuant to Agreement extending the period for filing a defence CPR15.5. Both parties agrees for an extension for filing of my defence to 17 June 2014.


Please find attached both parties exchange email written conversation.


Thank you very much.




Yours faithfully,




signed:

[Amethyst]

Re: 1St Credit/Moon Beever County Court Claim

It's right I've just switched some wording about a little bit.



FROM: xxx

SEND: 15 May 2014
TO: ccbcdefendants@hmcts.gsi.gov.uk
SUBJECT: Northampton (CCBC) Claim No. xxxx 1^st Credit Credit Finance Limited -v – xxxx



Dear Sir/Madam,

Ref: Claim No. xxxx 1^st Credit Credit Finance Limited -v – xxxx

Please add this note to the file that both parties in this case agree an extension to the period for filing a defence, pursuant to CPR15.5, to 17th June 2014.

I have attached copies of both parties agreement.

Thank you very much.

Yours faithfully,




signed:

[Kafka]

Re: 1St Credit/Moon Beever County Court Claim

From my experience the Deed of Assignment can be successfully classed as confidential business data, not personal data. There is an obligation to provide the Notice, but not the Deed.

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

From my experience the Deed of Assignment can be successfully classed as confidential business data, not personal data. There is an obligation to provide the Notice, but not the Deed.

The data protection act wasn't around in 1969

It's not a request for personal info but proof of ownership. Lord Denning should be persuasive although i don't think it's as easy as ask and ye shall receive.

M1

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

The fact remains that if they refuse to give sight of the deed of assignment prior to a hearing and then fail to show it AT a hearing, the judge is likely to be unimpressed with their lack of compliance

Note I say 'likely' as we never can tell how judges would react, but I fail to see how any Creditor/DCA can say they have an entitlement to claim without proof they fully own the debt

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
If you are following this thread:

I am tried reviewing my case against this DCA and I am convince a slim chance of winning the case, maybe it is too early to say about this. However based on records from the two credit reference agency (which maybe relying with their records is bad idea) it was sold to the said DCA from OC and possible to retrieve all documents (CPR) from OC including NoA, DoA and the rest I requested.

My first question: Since the DCA's solicitor agrees for 28 days extensions, base on CPR compliance and to my situation what I am to expect from those dates, negotations? or offers from them? Expect of unexpected?

Second question: Why the previous OC not pursue it in the court from the last three years? Instead they are using several DCA for collection which are failed to go to the court as last resort.?
Is it means there is something not enforceable to collect on legal term? If yes, please enlighten me.

As I understand the outcome of this case should be on my own term and not from them (DCA)

I hope it serve and help to others who have no experience in the UK consumer law and rules of court.

Thank you so much for the site owners and great consumer law advisers here.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim


Hi everyone

RECAP ON MY CASE



APRIL 23- Received a court claim from Northampton CCBC, Bluewing vs 1^st Credit/Moonbeever, issued 17^th April
MAY 02- Disputed the claim through Moneyclaim online, Send CPR 3.14 request to both parties to comply within 7 days.
MAY 09- DP's Solicitor responded the request by mail and stated they will wait their client instruction.
MAY 12 – Send a chase email to send CPR3.14 otherwise I will apply to the court for unless order.
MAY 13- Received an email from DP's Solicitor that the DP will comply the CPR 3.14 request, and willing for an extention if I request.
MAY 14- I request an extension for 28 day until 17^th June to file my defence. Provided they will secomply with my CPR request. At the same day both parties agrees for extension to comply.
MAY 15- Send a copy by email a note that both parties agrees for an extenstion to ccbcdefendants@hmcts.gsi.gov.uk and a copy to DP's solicitor for their reference.



No further email or letter received from DP/DP's solicitors until at this time.
Should I remind them to when they will comply?



I received an email from CCBC yesterday confirming my acknowledgement of service was processed accordingly on 2 May. A bit weird and look they are so slow. That was 22 days ago already.


Thank you everyone for any replies. Have a nice day.

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

Chase the claimant for updates. If they haven't complied with your request within 10/11 days (early june) you need to make an application to the court to order compliance.

M1

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone.
An update today, the DP's solicitor replied today on my email with an attachments of a pdf copies my all bank statements and thats it. and added a note with:

(2nd email)
"We attach for your attention the bank statements showing the sum of £xxxx.xx, remaining due and owing. This together with interest, court fees and costs, forms the sums claimed in the proceedings named xxxxxx. If you require paper copies of the statements we are happy to provide them in the post, please confirm. We note your defence is due by 17 June 2014."

(first email)
"Thank you for your email. I await the documentation from my client which will be supplied to you upon receipt. If I may refer you to CPR 31.1 (2), in relation to your reference to CPR 31.14. The value of this debt would dictate that this is a matter would likely to be allocated to the small claims track."

Any ideas what shall I do with this? thanks everyone for guidance.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
This is will be my response with the two email DP's solicitor emails recently, please correct my writing if something wrong with the wording, sorry mods for my English as it is my second language:tinysmile_kiss_t4:.

30 May 2014

RE:

Northampton (CCBC) Claim No. xxxxx
YOUR REF: 1STCRED1/xxxxx
MY REQUEST: CPR 31.14

Dear Sirs,


In connection with your two email responses from May 28, 2014 and pursuant to:
Request for documents mentioned in a statement of case under CPR 31.14 which you should comply my request.

I am reminding you that to enable me to file my defence and/or counter-claim, I require inspection of documents you mentioned in your statement of case ahead of filing my defence.

1. The agreement/overdraft facility confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
   
   
3. Notices of Sums in Arrears under running account credit CCA2006 sec 86C.
4. Notice of Assignment.

Otherwise, as I mentioned in all my correspondence 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.

Yours faithfully,


xxxxxxxx

[ncf355]

Re: 1St Credit/Moon Beever County Court Claim

Just added a bit that responds to their comment about it going to small claims track - this way it is made clear

Hi everyone,
This is will be my response with the two email DP's solicitor emails recently, please correct my writing if something wrong with the wording, sorry mods for my English as it is my second language:tinysmile_kiss_t4:.

30 May 2014

RE:

Northampton (CCBC) Claim No. xxxxx
YOUR REF: 1STCRED1/xxxxx
MY REQUEST: CPR 31.14

Dear Sirs,


In connection with your two email responses from May 28, 2014 and pursuant to:

Request for documents mentioned in a statement of case under CPR 31.14 which you should comply my request.

Your comment regards where this claim may at some time be allocated is of no relevance, at this point the claim has not been allocated to a track and therefore you are required to comply with my request rather than seek means to avoid responding to what is a perfectly reasonable request for documents you should have had in your possession prior to commencement of your claim.

To be clear, to enable me to file my defence and/or counter-claim, I require inspection of documents you have mentioned in your statement of case ahead of filing my defence.

1. The agreement/overdraft facility confirmation and terms and conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA 1974).
3. Notices of Sums in Arrears under running account credit CCA 2006 sec 86C.
4. Notice of Assignment.

Otherwise, as I mentioned in all my correspondence, 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 with the required documentation.

Yours faithfully,


xxxxxxxx

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim

http://www.justice.gov.uk/courts/pro...pd_part07e#5.1

5.2A The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.



M1

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Thank you ncf355 and m1 for guidance.

An update today, I recieved my sar request from Lloyds which around 5 inches thick of pappers. I will review them today, any particular docs should I keep/ notes for evidence?
thank you sou much.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

RECAP ON MY CASE


APRIL 23- Received a court claim from Northampton CCBC, Bluewing vs 1^st Credit/Moonbeever, issued 17^th April
MAY 02- Disputed the claim through Moneyclaim online, Send CPR 3.14 request to both parties to comply within 7 days.
MAY 09- DP's Solicitor responded the request by mail and stated they will wait their client instruction.
MAY 12 – Send a chase email to send CPR3.14 otherwise I will apply to the court for unless order.
MAY 13- Received an email from DP's Solicitor that the DP will comply the CPR 3.14 request, and willing for an extention if I request.
MAY 14- I request an extension for 28 day until 17^th June to file my defence. Provided they will secomply with my CPR request. At the same day both parties agrees for extension to comply.
MAY 15- Send a copy by email a note that both parties agrees for an extenstion to ccbcdefendants@hmcts.gsi.gov.uk and a copy to DP's solicitor for their reference.
MAY 28- CCBC Confirmed the 28 extenstions
May 28- DP's Solicitor's send me an email of a copy of Bank Statements.
MAY 30- I send a chase email that I will apply to the court for unless order.
JUNE 02- I send an another chase email that I will apply to the court for unless order.
JUNE05- The DP's Solicitor's send me an email of a copy of Notice of Assignment which he said from the bank, and Account of Assignment from DP.


My question is, do I still need to chase the Agreement and Formal demand?



Secondly I sought from this thread about 3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
My claim form was signed by Moon Beever Solicitors and not their legal reps.


http://www.legalbeagles.info/forums/...ns-Re-Egg-loan


I draft a letter to re plead, maybe could someone help me to weak the wording. I will post it by afternoon.


Thanks everyone