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Letter of Claim - 1st Credit

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  • #31
    Hiya, just having a read back see where you're at If you're struggling with uploading docs redacted it's fine to email me admin@legalbeagles.info xxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #32
      They haven't issued a claim have they?

      The DN they sent is useless and doesn't reflect a reconstituted one.

      Of course they will say pay up or else and they will say they believe they will win in court - that's what they do

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      • #33
        Okay, they haven't actually filed in court yet then.

        Have you actually paid anything since account defaulted 13/09/2009 ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #34
          Thank you for reply No warwick65 no claim as of yet just the threat of and pay up
          thank you for reply Amethyst No claim as of yet I was paying £1 per month up until December 2014 so not statues barred The one document I am struggling to put up is a call log which doesn't match the screenshoot that they sent me saying that an L994 was sent on 11/05/09 to me by M@S (that screenshot they say is enough proof that a default notice was sent ) I will email what I have from SAR for you to maybe be able to put it up it fails me sorry also found this in with the paperwork
          Attached Files

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          • #35
            It may prove a default was sent but I would argue the default must be good Therefore it should be laid out in the prescribed manner with the prescribed details. I wouldn't tell them this at the mo, they could mock one up

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            • #36
              Thank you I think they will try and take this all the way They have said they will give me 30 days to sort out paying them but I cant pay so If court papers come I will have to try and fight it with alittle help from the kind people on here I will also go and see CAB and ask them to write to them will keep you all updated and thanks for the help it means a lot

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              • #37
                I would be very careful about what Cab write. I realise it is still 19 months till its SB but you wouldn't want to unwillingly set it back to 6 years.

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                • #38
                  That is what also worries me about going to them One of the other debts I have that I asked for help on here with is on hold at the moment If it wasn't for your advice and others on here CAB would have caused me a lot of problems I know I can't second guess Intrum but I think it may come to court no what I do so lets see what happens thank you warwick65

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                  • #39
                    Another case of inertia selling it seems, upgrading the card without asking etc.

                    Im pretty sure i still have the docs and advice on this point kicking around somewhere on my pc here. Suffice to say that if they did upgrade the card they are in difficulty with this claim
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

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                    • #40
                      Hi Thank you for replying cant remember it being upgraded sadly nothing in SAR off M@S to say either and I never used the card other than in M@S stores so can not prove it upgraded thank you for your help

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                      • #41
                        Had a good look around this site and looked at advise I think Intrium are going to go for court what ever I do could only offer a £1.00 a month but don't think that going to help So I think I will sit and wait and see what comes through the post If court papers do come think there are enough people on here to give a little advice and point me in right direction will update when anything arrives Thank you

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                        • #42
                          Originally posted by catrin2468 View Post
                          Thank you I think they will try and take this all the way They have said they will give me 30 days to sort out paying them but I cant pay so If court papers come I will have to try and fight it with alittle help from the kind people on here I will also go and see CAB and ask them to write to them will keep you all updated and thanks for the help it means a lot
                          If it does go to court there will be further costs added on, and of course, if you can only pay the £1 a month, it's unlikely you'd be able to get them to settle under a consent order without the security of the CCJ. You already know they have the documents so to be honest it is likely to be inevitable that eventually you would have to pay it. Discussing the situation and your circumstances now could stop that happening, and the associated stress that comes with dealing with a court claim.

                          If you complete the IE sheet ( maybe get an appt with CAB or give stepchange a call to help you go through it ) and get that back to them with an offer, even if is £1 a month. Remember they don't know you or your circumstances at all - you're just a name / address and account number, with a ££ sign on your head.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #43
                            Thank you for the reply I am going to write to them informing them I am awaiting a CAB appointment and will send in proof that I am on benefits live in rent property and own nothing in house all belongs to my son and mother who are both disabled cant pay if I have nothing will offer £1.00 even the old car we have wont pay the debt and is owned by my mother so looks like I am in trouble anyway will send in above and see what happens Thanks for your advice

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                            SHORTCUTS


                            First Steps
                            Check dates
                            Income/Expenditure
                            Acknowledge Claim
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                            Set Aside Application
                            Directions Questionnaire



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                            Acknowledge Claim - within 14 days from Service

                            Defend Claim - within 28 days from Service (IF you acknowledged in time)

                            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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