court claim - 1st credit/lloyds bank - Change of legal representation.

[tazmansoor]

Hi all, would someone be able to advise me a little here.

I received a claim form from Northampton court (attachment 1) on the 23/1/16 acknowledged on 26/1/16. CPR 31.14 letter went to Judge and preistly on 26/1/16 requesting notice of assignment, default notice and agreement all mentioned i the particulars of claim heard nothing back on the CPR - so filed a defense based on no information.

today I received a letter with notice of change of legal representative of the case back to 1st credit legal department and letter 2 attached, and a copy of a letter supposedly sent in august of 2015 re the assignment of the debt - even though it was supposedly assigned back on 18/11/2013.

so I am reaching out for some advice here - they mention the default in the original claim form, along with assignment from 2013 and reference breach of contract...

any advice on how to respond to the letter I received today?

thanks again all

[nemesis45]

Re: court claim - 1st credit/lloyds bank - Change of legal representation.

There is nothing to reply to really Tas this is just a a change of legal representative, Ist Credit often do
this when an outside solicitor has supposedly done all the groundwork on a claim.
They have clarified when their response to your defence must be made.

nem

[tazmansoor]

Re: court claim - 1st credit/lloyds bank - Change of legal representation.

thanks Nem - so just wait and see?

[tazmansoor]

Re: court claim - 1st credit/lloyds bank - Change of legal representation.

@nemesis45 I wonder if you could help me here please - have had a follow up letter from 1st credit, with the statements from the old Account - the ending balance does differ from the amount on the claim, not sure if that makes any odds... and the notice of assignment letter - even though it is dated 2 years after they are saying the debt was assigned to me. But they still haven't sent a copy of the default notice. when the default date was mentioned in the original Particulars of claim - is this a sticking point?

I have attached the latest letter that I received today with the statements - any advice on what I should be doing here?

thanks so much again for your help

[nemesis45]

Re: court claim - 1st credit/lloyds bank - Change of legal representation.

@nemesis45 I wonder if you could help me here please - have had a follow up letter from 1st credit, with the statements from the old Account - the ending balance does differ from the amount on the claim, not sure if that makes any odds... and the notice of assignment letter - even though it is dated 2 years after they are saying the debt was assigned to me. But they still haven't sent a copy of the default notice. when the default date was mentioned in the original Particulars of claim - is this a sticking point?

I have attached the latest letter that I received today with the statements - any advice on what I should be doing here?

The balance and the claim amount will differ because of costs and solicitors fees.

An OD does not require a default notice the procedure is for the bank to " recall/ call in " the monies owed by issuing a " Formal Demand for Immediate Payment in Full" ( Of the OS balance) and or a Final Demand if these are not met the default is registered.






thanks so much again for your help

Hello Taz

There is no DN for and overdraft the bank recalls the outstanding balance by issuing a Demand for Immediate Repayment In Full and/or a Final Demand, if not paid the default is registered.
Sometimes and agreement is mentioned for an overdraft on claim forms in this case it isn't as far as I can see.
What other than " lack" of " paperwork" were intending to rely on in defence.

nem

[tazmansoor]

Re: court claim - 1st credit/lloyds bank - Change of legal representation.

@nemesis45

thanks for the reply- my defence was based on lack of paperwork... I've attached the original claim form for your reference. so even though they mention the date of default I cant push for a default notice? as I definitely didn't receive one

sounds like I will have to try to settle - any advice on how to handle it? or if you know of any resource available for me to read up on dealing with settlement with DCA's ?

really appreciate all the help here.

[nemesis45]

Re: court claim - 1st credit/lloyds bank - Change of legal representation.

@nemesis45

thanks for the reply- my defence was based on lack of paperwork... I've attached the original claim form for your reference. so even though they mention the date of default I cant push for a default notice? as I definitely didn't receive one

sounds like I will have to try to settle - any advice on how to handle it? or if you know of any resource available for me to read up on dealing with settlement with DCA's ?

really appreciate all the help here.

A default notice and a default date are not synonymous, with an OD or current account the Demands for Payment will state that if the demand is not met a default will be placed.
This is because the account is not regulated by CCA 1974.

nem