Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

[WaylonJ]

Hi everyone

I hope someone can help me as I'm not sure where to go from here.

Last year I received a County Court Claim for a debt with an AA credit card. They had been chasing me for the debt and I sent them a S77/78 CCA request. The response I received sent me a copy of an agreement that I had signed with a completely different account number and restating the amount I owed but in no way showed how the balance was made up.

I thought that they had to give me a breakdown of the debt, showing all the transactions on the account. Is this correct or not.

Anyway, I received the court claim dated 19th April 2013 and submitted a defence that they hadn't substantiated the claim, or proved ownership. My defence was acknowledged by the court on 22nd May and I was told the claimants had 28 days from the date of receiving the defence to contact the court if they wanted to proceed.

I heard nothing so rang the court on 11th July 2013 and was told that they had heard nothing from the claimant and that the case was now stayed and the defendant would have to apply to a judge if they wanted the stay lifted.

The court claim was from CAI Finance Limited, they have now assigned the debt to 1st Credit (Finance) Limited, who I think are pretty much the same people.

Then yesterday I received a letter from Moon Beaver Solicitors. I have attached a copy of their letter.

They do not make it clear if they are acting for CAI or 1st Credit and the letter refers to the CAI claim yet they include the assignment to 1st Credit.

The documents they have sent me are exactly the same as they have previously sent. They calim that the court never sent my defence to them until 2nd December 2013. If that is the case why would they not have been in contact earlier!

As you can see they are asking for payment in full, and state that if they don't hear from me before 20th March 2014 they will make an application for summary judgement.

My understanding is that they are way outside any time limits re the county court claim and would not be able to get a summary judgement against me and that they are just trying it on again to scare me in to paying them.

If you agree that this is the case then what should I do and say to them as I doubt they are going to go away unless challanged.

Any advice on what to do or say would be very much appreciated.

[WaylonJ]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Just bumping this up as I have to respond by Thursday and was hoping someone might be able to give me some advice.

Thanks

[Amethyst]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Hi Waylon, Sorry we missed your post last week xx Will come back to you in a couple minutes xx Sharon

[Amethyst]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Okay to change over who the claimant is on the court claim they would first need to apply to the court and then apply to lift the stay and continue the case. Who told you the debt had been assigned from CAI to 1st Credit ? was that the courts?

They can ask for summary judgment all they like but that doesn't mean they would get it. I'd be inclined to contact the court and ask if any application in your case has been made. If so we can go from there and have a look at what your further defence would be based on the documents they have supplied. You will need to amend as your original asked for documents and they have supplied them, so new defence needs to say why the documents are not complaint etc.

If you can post up a copy of the agreement and give a bit more on the background of the debt that would be helpful.

[WaylonJ]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Hi Amethyst

Thank you so much for getting back to me.

It was CAI who sent me a letter to say that they had assigned the account to 1st Credit Limited. Their letter was dated 11.06.13 stating the assignment was on 01.06.13. I had filed my defence with the court on 22.05.13.

I have spoken to the court and they said Moon Beever contacted them in November 13 asking for a copy of the defence which the court sent to them on 27th November 13. They then waited until 06.03.14 to write to me! The court have not received a notice of this assignment or received anything from the palintiff other than the original claim issued on 19.04.2013

The original agreement was for an AA Visa card taken out in 2003 with a credit limit of £6,000. For many years I used this card with no problems and then in 2009 I got in to financial problems and couldn't keep up the payments. The last payment I made to them was on 08.10.2009. At that time the balance was £16,400.33. Since then they have added charges and interest etc and have at odd times chased the debt but I haven't acknowledged it or paid them anything.

I attach a copy of the original agreement they sent me. The agreement shows the original account number for the card which stayed the same until January 2009 when for no apparant reason they changed the account number to a completely different account number and carried on as if nothing else had changed. I didn't request this change, nor did I sign anything to close one account and open a new account. Accordignly the agreement number on the court claim is different from the agreement that I signed and they sent me.

As I say I don't know where to go from here. I don't know who Moon Beever are working for, ie CAI or 1st credit, or if they are just having another go because they are desparate as they have nothing signed by me with the new account number on it.

Your help would be much appreciated.

[Amethyst]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Sorry had to go to Lidl xx

This seems a bit weird to me;

they said Moon Beever contacted them in November 13 asking for a copy of the defence which the court sent to them on 27th November 13

that, to me, would indicate the claimants had changed before that date.

Regardless if that is the only thing they have sent you then it would be unenforceable through the courts. Have they sent the other pages of the agreement ? (ie those that detail cancellation rights and interest rates, default charges etc )

[WaylonJ]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Hi Amethyst

I know it all seems very strange.

The original claim form to the courts was issued by CAI limited on 19th April 2013 with Moon Beever listed as address for sending papers.

I sent defence on 22.05.13 which was acknowledged by court on the same date stating that claimant had 28 days to contact court.

11.06.13 CAI write to me to say account assigned to 1st Credit on 01.06.13.

None of the above (CAI, 1st Credit or Moon Beever) have sent anything else to the court other than the original claim.

Yes they have sent me a full copy of the agreement which i all pretty standard, but as I say with the old account number.

Also do they have to send me details of the transactions on the account as they have only ever stated the total due and not given me any breakdown.

Thanks

[Amethyst]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Ahhh ok that makes more sense - Ok forget what I said about assigning the claim then if Moon Beaver are acting for CAI/1st Credit since the beginning.

The original claim form to the courts was issued by CAI limited on 19th April 2013 with Moon Beever listed as address for sending papers.

[Amethyst]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Yes they have sent me a full copy of the agreement which i all pretty standard, but as I say with the old account number.

Also do they have to send me details of the transactions on the account as they have only ever stated the total due and not given me any breakdown.

Thanks

They need to apply to the court to lift the stay. To do this they'll have to show they have provided you with all the paperwork.

They may well apply to lift the stay and ask for summary judgment at the same time, they havent yet so you can try head them off at the pass.

The CCA request response, if it was just that one page, is not compliant, they need the rest of it which contains the prescribed terms, so I would respond to them saying so.

[WaylonJ]

Re: Moon Beaver / CAI Finance / 1st Credit chasing stayed debt

Thanks

They did send me the full agreement with all theterms etc.

Does the fact that they just changed the agreement number without me signing anything have any case in defense in that I can argue that the agreement they have sent me is for a different account.

Or can I demand that they give me a full breakdown of the transactions that make up the balance, bearing in mind that this was a credit card. They have only ever given me just a balance, to which they have now added the court costs.

Thanks