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mysticbob

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  1. Hi, Some further advice please. I have received a Notice of proposed Allocation to the Small Claims Track from the court. I need to complete form N180 - I did look on MCOL online but cannot see if I can submit this there or not or if I have to fill out the questionnaire sent to me. I was also sent details regarding mediation - if you go down this route and reach a compromise will it still result in a judgement being entered against me? It says the questionnaire needs to be served on all parties. Is it just a case of completing this, copying it and sending a copy to both the court and 1st stop recoveries? Any help would be appreciated Many thanks
  2. I did received a notice of assignment via email on 7/01/2016 hence why I did not address that in the defence
  3. Thanks Andy - sorry my earlier post was a little presumptious. I have had a go at putting together a defence (see below). Can you check this and offer any advise before I submit this please? 1.1st Stop Recoveries Ltd claim this amount in respect of an unpaid loan funded by Nova Loans. The defendant failed to abide by the terms of the contract. 1st Stop Recoveries purchased this debt from Nova Loans and subsequently sent a notice of assignment to the defendant to advise. 2.The defendant has failed to respond to any correspondence or communication from the Claimant this denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable conclusion. Defence The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £479.99.The defendant admits entering into a short term agreement for the sum of £500.00 over 6 months from Cash4UNow (Nova Loans). The first three instalments were paid and on time. 2. The defendant obtained a new bank card in February 2015 and rang Nova Loans to make a manual payment on 4th March 2015 in line with the agreement and asked that the details be held on file to collect future repayments when due. No further payments were requested from my bank, when due, and no correspondence/calls received chasing any overdue amounts. 3. Paragraph 2 is denied the Claimant has not made any contact nor served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof. 4. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; © show how any breach occurred and a valid Default Notice was issued, (d) show how it has legal assignment of any alleged debt. 5 As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.
  4. Is someone able to offer help with putting together my defence as I believe it has to be submitted by the 3rd April?
  5. Thanks for your help and advice - I have acknowledged the claim on MCOL and indicated my intention to defend. I will send the CCA request tomorrow. Should I also ask 1st stop for a copy of the default notice as I am not 100% certain one was ever issued?
  6. Exactly what I am saying Martin - the card details were not updated by the lender when I called them on 4th March.
  7. OK - Initial loan was for £500 with interest charges - meaning I had £950 to pay over 6 instalments of £158.33. First two instalments were paid on time without any issue. There was a problem with my third instalment, as I had recently changed my debit card I rang Cash4UNow and provided my new details - I did make it clear that these were my new card details. They then took the third payment on 4th March 2015. The next instalment was due on 31st March 2015 which they did not claim for. I heard nothing from them until 29th May when they decided to chase for the outstanding amounts due under the agreement which I was not then in a position to pay. As 3 instalments are outstanding (£158.33 x 3 = £474.99) they don't appear to have added many additional charges to the claim other than the court costs. Do you still feel I have grounds to contest this? If so, I will acknowledge the claim and defend all on MCOL. As this claim form seems to come via Ist Stop Recoveries and not their solicitor - I am confused on whether to send a CCA or the CPR 31:14?
  8. It was an initial loan of £500 over 6 months taken on 1st December 2014. The monthly payment was £158.33. First 3 payments were made - they stopped collecting after that
  9. Name of the Claimant ? - 1st Stop Recoveries Ltd, Date of issue – . - 04 March 2016 What is the claim for – 1.'1st stop recoveries claim this amount in respect of an unpaid loan funded by Nova Loans. The defendant failed to abide by the terms of the contract. Ist stop recoveries purchased this debt from Nova Loans and subsequently sent a notice of assignment to the defendant to advise. 2.The defendant has failed to respond to any correspondence or communication from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion' What is the value of the claim? - £479.99 + £35 court costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Claim relates to a payday loan When did you enter into the original agreement before or after 2007? - After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Claim issued by debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? - Yes Did you receive a Default Notice from the original creditor? - Not Sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not sure Why did you cease payments? - March 2015 What was the date of your last payment? - 4 March 2015 Was there a dispute with the original creditor that remains unresolved? - Just on the failure to take payment in April 2015 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - No
  10. Hi, I need some advice please. I have just returned from holiday to find a CCJ waiting for me for an old loan I had with Cash4UNow about 2 years ago. The Judgement states '1st stop recoveries claim this amount in respect of an unpaid loan funded by Nova Loans. The defendant failed to abide by the terms of the contract. Ist stop recoveries purchased this debt from Nova Loans and subsequently sent a notice of assignment to the defendant to advise. The defendant has failed to respond to any correspondence or communication from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion' The judgement is for £479.99 + £35 court costs - Total £514.99 The claim form has a typed signature Emily Taylor (Claimant) When I had the loan from Cash4UNow, I paid back everything on time and had two payments left to make - I supplied them with my new debit card details but they failed to take payment. I received no correspondence chasing the outstanding amount until several months later at which time I was unable to pay the sum due. I am not 100% certain but I am not sure if I received a default notice or not. Also I have received, little contact from 1st Stop Recoveries - they did try to call me at work but I cannot take calls of this type at my workplace. I ideally through my line of work can't really afford to have a judgement against me. Is it possible if I get in touch with 1st stop recoveries that I could still negotiate to pay this debt and avoid a judgement being entered against me? Otherwise should I just admit liability and complete the form or would I have grounds on the basis that due to the system error at Cash4UNow that they did not take payments when due, to challenge the judgement or part of it? Advice please as not 100% certain how best to proceed with this. Many thanks
  11. Just was logging in online to acknolwedge claim. I notice that they have got my title wrong - they have stated me as a 'Ms' rather than a 'Mr'. Does this make any difference?
  12. Thanks for clarifying the position. I will do as you suggest.Incidentally, for some reason my initial post doesn't give me the option to Edit post (the one I posted earlier does).Cheers
  13. Thanks for the advice Spamheed.Couple of points to clarify please1) How do I edit my original post to remove name?2) So if I do as you suggest - should I acknowledge the claim form and admit liability for the £364.99? or just do nothing at this stage and let the process take it's course until I am asked to pay? I assume best to let the court deal with this rather than tryiong to come to some arrangement directly with them?
  14. Hi, Need some advice please. I have received a claim from the Northampton County Court issued from mackenzie Hall in lieu of an outstanding unpaid payday loan from 3-4 years ago taken out with Quick Quid.I accept that this is a debt that I probably need to make arrangements to pay - however, I am troubled by the particulars of the claim. 'Part only of monies due under regulated credit agreement number XXXXXXX between CashEuroNetUK LLC and the defendant the benefot of which was assigned to the claimant on 10/08/2011. the agreement terminated upon the Defendant(s) failure to comply with the terms of the agreement''The Claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to the claimants Solicitor on 01527 586517 (Phone) or eMail: legal team at hllc. 'They are claiming £299.99 + court fee of £15 and £50 Solicitor's costs. The defaulted loan was for a higher amount (approx £600). the claim was issued on 21st April 2013.1) Do I have any grounds to fight this?2) Why is the claim for a partial amount? IF I make arrangements to pay are they then going to sting me for further monies in the future?Any advice regarding this would be appreciated.Many thanks Robert Nudds
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