Consumer credit Act 1974.

[Seasider1956]

Do credit cards come under this Act, and also pre paid cards?

[Awareness]

Credit cards yes.

Depends what you mean by 'pre-paid' cards?

[Seasider1956]

Credit cards yes.

Depends what you mean by 'pre-paid' cards?

It was a Cashplus card where you have to pay money on the card to be able to use it for online purchases etc.

They have been saying I owe them £129 from 2013, and I have not had any contact at all with them or paid anything on the card since then.

They apparently sold this so called debt to an American company, and the lodged a claim with Northampton County Court, which I have defended, as the account is on my credit file with nil balance and closed.

no default notice has ever been issued nor letter about debt assignment sent, they have just returned their Directions Questionnaire to the Court, should they have sent me a copy? as I had to send them a copy of mine.

It looks like in December last year they updated my credit file stating I made a payment in 2014 to bring it back within the 6 year limit, are they allowed to do this, the firm acting for them are Moriarty Law in London.

any help greatly appreciated.

Bob.

[MIKE770]

more to the point did you make the payment??? American company??? who???

[Seasider1956]

more to the point did you make the payment??? American company??? who???

Thanks for the reply Mike.

The Company is

JC INTERNATIONAL ACQUISITION LLC
16 MCLELAND ROAD
ST CLOUD
MINNESOTA
USA
56303.

That is the name on the County Court claim form as the Claimant.
In regards the payment, none was made at all.

Also on this site was a defence template, when can that be used? Could it be used in the final bundle or at the beginning of the defence.

Regards Bob.

[Amethyst]

The original prepay card - who was it with ? https://www.cashplus.com/current-account/ ?

[Seasider1956]

The original prepay card - who was it with ? https://www.cashplus.com/current-account/ ?

Same name, but the one we had you had to preload it with cash before use, it was not a current account.

They also state on the Court claim the account was opened in June 2013 but on the clearscore site it says March 2013, then every month till February 2014 its marked as late payment until March 2014 which states missed payment, then April 2014 as a payment which was never made.

[Amethyst]

Get a SAR to the original card company. I suspect it's something to do with the monthly fees not being paid.Â*

Have you got any paperwork or the card relating to this at all ? Really need to dig out the actual terms. To do that we need the actual company and card provider info.

Did you plead statute barred in your defence ?Â*

[Seasider1956]

Get a SAR to the original card company. I suspect it's something to do with the monthly fees not being paid.Â*

Have you got any paperwork or the card relating to this at all ? Really need to dig out the actual terms. To do that we need the actual company and card provider info.

Did you plead statute barred in your defence ?Â*

Don't have the card or any paperwork now.

Yes I pleaded statute barred, no default ever issued, no contact with them since March 2013, no letter of Assignment sent, and required proof of all payments made by me.

Regards Bob.

[Seasider1956]

Just noticed on the Court order it states they bought the Debt from Advanced Payment Solutions T/A Cashplus, if that helps, just noticed.

[Amethyst]

Okay yes it's them...

Terms and Conditions apply, including applicants being resident in the UK & aged 18+ and, if relevant, businesses being based in the UK. For full website terms including information on Cashplus, Mastercard and use of Trademarks, please see our full legal disclosures at

https://www.cashplus.com/legal/

. **Credit facilities are provided by Advanced Payment Solutions Ltd (APS) and are subject to the AFL Cashplus e-money account being in good standing and applicants aged 18+. APS is authorised and regulated by the Financial Conduct Authority for consumer credit activities (Registration No. 671140). ♦Calls to 03 numbers cost no more than a national rate call to a 01 or 02 number and will count towards inclusive minutes in the same way as 01 and 02 calls. Calls may be recorded.

Can you type out the full Particulars of Claim please.


I suspect it is the monthly fees - some are £5.95 a month, and if you weren't paying money onto the card those fees would have gone unpaid. They will have to show what the amount being claimed is made up of though.



Ahh this person had an issue with monthly fees

I’m writing to you as a last resort. In 2014 I ordered a Cashplus prepaid card from a firm called Advanced Payment Solutions. I wanted to use it for holiday spending abroad.
Investigating a mortgage for a new home last year, I found that my credit rating had gone from excellent to very poor. After reviewing my Experian file I could see five late payments of £4.99 registered by APS. This was confusing as the card was a prepaid card only and would only ever hold money that I had transferred to it ... or so I thought.
After numerous calls to Advanced Payment Solutions I found out that it had applied a “credit booster” product to the card at £4.99 per month for 12 months, to build a credit history. This is a product I didn’t need. I informed the company that it had made a mistake and could it please revoke the missed payments and correct the error

[Seasider1956]

The claimants claim is for the balance due under an agreement (debt) with advanced payment solutions ltd t/as cashplus dated 14/06/2013 under which the defendant agreed to repay such debt but has failed to do so and which debt was assigned to the claimant on 14/12/2018 and notice of which was given to the defendant on 14/12/2018 and which debt is now due and payable. And the claimant claims the sum of £129.85.
The claimant also claims interest thereon pursuant to to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.38.


The above is word for word.

on my Clearscore file it is marked as a closed account with nil balance, the word Balance was changed to overdraft balance still showing zero balance, I have a screenshot of it before it was changed luckily, no Default has ever been registered on my credit file.

[Seasider1956]

The claimants claim is for the balance due under an agreement (debt) with advanced payment solutions ltd t/as cashplus dated 14/06/2013 under which the defendant agreed to repay such debt but has failed to do so and which debt was assigned to the claimant on 14/12/2018 and notice of which was given to the defendant on 14/12/2018 and which debt is now due and payable. And the claimant claims the sum of £129.85.
The claimant also claims interest thereon pursuant to to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.38.


The above is word for word.

on my Clearscore file it is marked as a closed account with nil balance, the word Balance was changed to overdraft balance still showing zero balance, I have a screenshot of it before it was changed luckily, no Default has ever been registered on my credit file.

Hi Amethyst

Has the Particulars of Claim been made out correctly, it says they bought the Debt on 14/12/2018 and notified me the same day how they managed that on the same day God only knows.

Thanks for all the help. Bob.

[Amethyst]

Hmmm .... they have worded it like a standard debt claim so may not even be aware it wasn't a credit account. You need to send a Subject Access Request to advanced payment solutions to see what exactly the debt is made up of. Send a cca request to JC and a cpr 31.14 request to moriarty ( are they acting ?) asking for the agreement, balance and notice of assignment. They haven't mentioned default or termination so can't really ask for that.Â*


The claimants claim is for the balance due under an agreement (debt) with advanced payment solutions ltd t/as cashplus dated 14/06/2013 under which the defendant agreed to repay such debt but has failed to do so and which debt was assigned to the claimant on 14/12/2018 and notice of which was given to the defendant on 14/12/2018 and which debt is now due and payable. And the claimant claims the sum of £129.85.
The claimant also claims interest thereon pursuant to to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.38.

[Seasider1956]

Can you help me Amethyst with this, The mediation sent me an email saying I had to be able to say yes to three questions, or mediation would be no use.

I could not answer yes so it will be allocated to a local Court.

How do I go about this, ie what will I need to take with me to Court, do I have to type up a defence in a correct format, or will the one I sent to court in Northampton at the beginning be used.

I would be very grateful if you can explain the format, and what I can expect.

Kind regards Bob.

Also should the Claimant have sent me a copy of their Direction questionnaire that they returned to the Court, as I was told to do by the Court.

I also did not receive a letter of claim before they applied to claim in Court.