Andy post 147 says I will not be notified ? Thanks for reply

No ive just heard nothing ?

Ok the 28 days since I filed my defence with MCOL is up tomorrow . Please can someone advise me . I really want to avoid a CCJ does this mean having it stayed I have avoided it or am I still open to them lifting the stay and starting the whole thing over again ? What would you advise please ? I had no reply from claimant or their solicitors to produce documents which I know they have ! Very odd. Many thanks

Thanks Andy . .

I'm assuming I will hear through the post or should I be checking mcol ? 28 days is up this weekend .

So hopefully the longer they don't comply the better ? X

Thanks Andy

Hi just wondering how long before I expect to hear anything pls ? It's 2 weeks today since I submitted my defence and still no response to CCA or CPR . TIA

Hello again, I have been paying £285 now for over a year and upon my last meter reading I was still 888 in debit ! I e mailed eon 6 months ago after looking at my usage closely as it seems its mostly electric . We have everything really on gas so I cant understand why my electric and gas bill is greater than my mortgage . We live in a 3 bed semi. I have since separated from my husband and our eldest 2 are both at uni so its just me and the two little ones. I work partime and am only home 4 days a week. The heating came on over winter mooring and night for around 2 or 3 hours and otherwise we put the GAS fire on. Eon responded to my e mail with a standard letter explaining how I could be more efficient etc, no help really. Im not trying in anyway to get out of paying but please will someone tell me how I can get this seriously looked into . I mean almost £300 a month and we are turning everything off and didn't replace the tumble drier when it broke over a year ago. Shockingly when I looked at my usage the biggest cost was electric which surged over the summer months ! I mean I don't even use a hair dryer .Surely this cant be right ? Can errors or leaks or something happen ? Any ideas please as being newly single im so worried about these payments now ?

Done ! Thank you x

Phew thanks Andy . What alteration do I need to make ? I'm out now but will submit in about 2 hours .

Anyone ? Can anyone please read over my defence id like to submit it this morning after ten as working later x

Bumpx

Thanks Andy It was good to read that post. I am hoping they also offer me mediation to avoid a CCJ . Here is a draught of my defence. POC are in post 106 Is anyone can read over it and say if it looks OK id appreciate it. Ill submit it in the morning. Thanks very much seriously. the PoC are: 1.The claimant claims the sum of 1065 for debt and interesticon on x /x/ 2002 the defendant entered into an agreement with Lloys plc for a cc under ref no. xxxxxx. 2.On x/x/2010 the defendant defaulted on the agreement with an outstanding balance of 1030, 3.On x/x/2013 the debt was assigned to 1st credit in the sum of 1030.Notice of assignment was sent to the defendant in accordance with ... The sum of 1035 Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8% per annum from x/x/13 to x/4/14 32.78 and thereafter at a daily rate of 0.22 until judgement or sooner payment. In the Northampton (CCBC) County Court Claim number xxxxxxx Between 1st Credit ( Finance ) Limited = Claimant And Mooshy - Defendant DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. 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. 2.The claimants claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars . I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of 13/11/2013 up until receipt if this claim. On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a section 77/ 78 request ( dated and sent on 24th April 2014 ) . As of this date, 18th March 2014 2014, I am still to receive any correspondence from 1st Credit ( Finance ) Limited. On receipt of this claim I also requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14 .Tha claimants solicitors legal response was that they were unable to comply and that they would put the claim on hold . Therefore with the courts permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

I can't find any I must be doing something wrong ? Will read some more tonight but any links would be really helpful x I'm not home until about 11 pm tonight ( fundraising not socialising !! ) so will look again then but any pointers would be great . I heard from moon beaver who confirmed try would enter judgement by default on the 20th but invited me to write in admitting debt and pay instalments. I don't want a ccj so I have to continue with defence in full now .

Thank you dx . Neither 1st credit or moon beaver have complied with cca or cpr so should I fill out defence and if so any suggestions. When I defend can I tick the mediation box ? Id like to fill it out tonight if possible as im working mostly then until the 33 days is up ! Unless order ?

Moon Beaver are calling me back before 2.15 if I ask for a settlement offer please how can I ensure I don't end up with a ccj ? Do I need something specific in writing ?? A letter of discontinuation or something ??

Hi No response to CPR and CCA both sent 26th April ? I think if my claim was issued on 17th Aprili have to file my defence this weekend ? Any ideas ? What are my chance if they haven't complied. Please see thread 124 for the letter I did get . I tried calling MB but the man on my case was in a meeting ? TIA

Thanks . My absolute priority is to not get a CCJ . What would you suggest ?

Ok I sent CPR to Moon Beaver sol acting on behalf of 1st credit who issued a claim dated 17th April. This is the reply I got this morning: Dear madam, We act on behalf of 1st credit Finance Ltd. We refer to your letter dated 26th April 2014 and the request for documentation contained therein. We have referred your letter to our client and either we or they will respond in due course. We will place the claim on ho;d during the intervening period. Your faithfully Do you think its worth calling Moon Beaver and asking if they would withdraw the claim officially if I agree a payment plan ? Or should I hang fire and see if they comply before filling in defence ? many thanks x

ill check later but I think the SAR showed no PPI but lots of charges . They also sent me a copy of original CCA so I know they have this.(2002 I think ) Are you saying dx they need a CCA with new number tho to get through court ?

Dx it was you who said to CCa marlin ? I received this from them after I SARd Canada Square Outstanding Balance :£5050 Creditor : Marlin Original Creditor : Barclays Bank Plc T/A Barclaycard ( originally Egg Card ) Original Ref : xxxxxxxxx We write to your further to your letter of xx March 2013 We confirm the debt relates to Barclaycard ( originally Egg card 0 opened on xx xx 2005 under the no xxxxxxxxxxx, the account was subsequently terminated 0n xx xxxx 2009. The account was reassigned to Barclaycard in April 2011 and given a new number xxxxxxxxxxx. Please find enclosed an income and expenditure form for you to complete bla bla I really want to avoid a claim for ccj landing on my doorstep . I think I paid ppi or had a lot of charges certainly. Its SB later this year I think sep oct time not sure.

Sorry also meant to ask as for ref or account no do I put my original egg card no. if I have it or the ref no. on all the letters which they assume I know to be my old egg account ?

DX im addressing everything today ! Im now doing CCA for this as don't want to risk a claim over here as well ! Now do I CCA Marlin the people who own the debt or Mortimer Clarke their solicitors who actually live at the same address !

Ok Ive done CCA to 1st Credit and will send recorded with blank PO. Ive done CPR to Moon Beaver and will send recorded. Ive not hand signed either but printed my name at the bottom is that ok ?? Ive ack the claim defending in full and did not tick the box to say I intended to contest jurisdiction ? Wait and see now. Will do whatever I have to to avoid CCJ .