Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2015

[Amethyst]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

btw the Deed of assignment is a GOODF thing...so I really wouldn't be pinning all your defence on the lack of disclosure / inspection of the deed of assignement.

[Amethyst]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

SLL have made frequent reference to the LEGAL ASSIGNMENT of the account from Full Pocket to themselves. Thus, by law a Deed of Assignment is required.

They sent me 3 default notices. 2 by email and 1 by post. They are all pretty much the same except the one by post also looks like a parking ticket and makes reference to obtaining a default judgement against me should I not pay up within 7 day (not legally possible and this a threatening demand for money).

Here is the default notice I received by email...

What is the 'time stated in the hard copy' of that default notice ?

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

something like this one - http://s224.photobucket.com/user/vjo...anked.jpg.html

Photo is fine (blank out your address and personal info)

It probably is fine but always worth checking.

Sorry, completely forgot I had a pdf version. I couldn't open it on my laptop but can on this pc... I've attached it below.

Also might be worth noting that the agreement is not signed by name. It says there is a tick box but there isn't. It just has time and date next to 'signature' but no name.

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

When was this DN issued only when requested or did you receive this prior
to the claim?
The DN is compliant as far as I can see.

nem

- - - Updated - - -

Obvious question did you have time to remedy the default?

nem

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

btw the Deed of assignment is a GOODF thing...so I really wouldn't be pinning all your defence on the lack of disclosure / inspection of the deed of assignement.

I agree the chances of a faulty assignment given that this debt was sold by the lawful administrators of a liquidated company are very, very small.

nem

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

When was this DN issued only when requested or did you receive this prior
to the claim?
The DN is compliant as far as I can see.

nem

- - - Updated - - -

Obvious question did you have time to remedy the default?

nem

They issued the default notice after a formal complaint made to them. I complained that they were making demands for money without any proof of claim (this was weeks prior to them retrieving and sending me the credit agreement). They also made numerous false legal determinations such as obtaining a default judgement (not even possible when i told them I would defend).

Btw, does anyone know the definitive answer as to whether DCA's are permitted to serve their own default notices? Most people including the FCA advisor I spoke to said no they cannot. I have always been under the impression that only the original provider of consumer credit may issue/serve a default notice.

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

This particular debt is different from the run of the mill ones, it has been sold by the liquidators of the loan company as a " live " account
probably with many hundreds of others, the debt purchaser inherits the right and obligations of the original credit agreement and is the beneficial owner of the debt.
It "seems" a compliant DN was issued and not complied with.

nem

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

This particular debt is different from the run of the mill ones, it has been sold by the liquidators of the loan company as a " live " account
probably with many hundreds of others, the debt purchaser inherits the right and obligations of the original credit agreement and is the beneficial owner of the debt.
It "seems" a compliant DN was issued and not complied with.

nem

So my issue is, I receive a NoA out of the blue, I request proof of claim which they refuse to supply... they then make numerous threats and serve a default notice before sending the credit agreement and statement of account. They then submit a court claim prior to sending the credit agreement.

Only after receiving my defence did they bother sending me the credit agreement. They were also made aware of the fact I was on benefits therefore had no disposable income to pay.

By the sounds of it, you reckon I should throw in the towel and offer £1/month or see it through and let the judge order that? If they get judgement and a payment plan is agreed, will I still get a CCJ on my credit file?

ALSO, SLL have another separate account in my name from a lender called Access Fast Money, however that credit agreement does not permit the account to be passed, sold or assigned to any third parties. I'll fight that one when I get the claim form!

[stevemLS]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Yes, if they get judgment with a payment plan you will still have a CCJ on your file.

I think others have come round to where I was thinking we were back in post 8.

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Yes, if they get judgment with a payment plan you will still have a CCJ on your file.

I think others have come round to where I was thinking we were back in post 8.

Hmmm, well I guess I'll take my chances. I have absolutely nothing to lose. I have 4 defaults on my credit file already so it's completely shot. When the banks finally sell my defaulted accounts I'll be facing further CCJs again.

I was contemplating a debt relief order last year but then a lot of my accounts were written off. If I do get a fresh CCJ, that'll screw my credit file for another 6 years so a DRO would probably make sense.

[Amethyst]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

if you have the pdf of the full lot can you email me it pls ? admin@legalbeagles.info

tick boxes are ok (irritatingly)

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

There is no way of removing all of my personal details from a pdf and I'm not comfortable sending this through email. They seem to have themselves covered so I may just have to admit defeat with this one

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Update:

I received a call from the mediation service who explained that the claim is not suitable for mediation due to insufficient documentation from the claimant... they said they will refer it back to the court for direction.

Anyone know what this really means and what happens next?

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Re above.. can anyone advise what is likely to happen next?

[Amethyst]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Update:

I received a call from the mediation service who explained that the claim is not suitable for mediation due to insufficient documentation from the claimant... they said they will refer it back to the court for direction.

Anyone know what this really means and what happens next?

That is quite sensible of them. It will now be sent over to your local court, so you should get a notice that it has been allocated, then you should get a letter from your local court with directions on, and possibly a hearing date

If your defence asked for specific documents the court may order those to be produced before going to a hearing.