1st credit/Leicester Aldridge Claimform - old AA loan 'debt' -mediation

[welshwizard1972]

Hi all,

 

Could do with some further advice as i trawl through my debt issues.

 

1st cedit purchased a debt of mine from the AA the outstanding balance if which was £2853.10.

 

I have made them a full and final settlement offer of £500 which they have refused and

they have subsequently started proceedings against me.

 

They have applied to transfer the case to the small claims court and have agreed to use their mediation service

which i have also agreed to so i am waiting for the details of the date for this mediation to take place.

 

They have offered me a settlement figure of£2600.

 

I really do not have that sort of money available to myself and am trying to get the debts that i have settled

rather than a long drawn out process of small monthly payments.

 

My question is really

 

is it worth me trying to negotiate with them as the most i could give them would be £800 maybe £1000 if i beg and borrow,

 

our household income is right down as my partner had to give up work for health reasins

and her very elderly parents also live with us so i only work part time.

 

I know they would have only paid a fraction of the £2800 owed to the AA so what figure are they likely to accept!!!

 

Many thanks for all your help>

[fkofilee]

If it goes for a CCJ then the judge will only make you pay what you can afford and as long as you keep paying the agreed amount, theres nothing they can do.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

please fill the above out.

 

you have ofcourse sent the claimant a CCA request

and they have returned with a verified enforceable agreement signed by you?

 

dx

[SabreSheep]

I also detect you are at DQ stage. Users will need to know what defence you submitted

[welshwizard1972]

Hi DX,

Sorry for the delay in reply.

Info as follows:

1/ Claiment 1st Credit

2/ Date of issue 2nd June

3/ Value £2853.10

4/ Loan account originaly with the AA

5/ agreement made August 2007

6/ It has been asigned to a debt purchaser

7/ I did receive a notice of assignement

8/ Not sure if i received a default notice from the AA?

9/ Have not been recieving letters "notice of default sums"

10/ I ceased payments due to serious financial issues due to my old business going down the pan and my partner having to give up work due to health issues.

11/ Last payment made October 2011

12/ no dispute with the original creditor

13/ Did inform them of financial issues

 

At christmas time Lester Aldridge were dealing with this matter and they did send me court papers then,

i replied to these online offering a settlement of £500, i received no further correspondence from the court.

 

 

a few weeks later got a letter from lester alldridge saying i had to pay £30 a month which i obviously had not agreed to,

i made no correspondance with them.

 

 

in march a letter off them saying i had not made 2 payments which i had agreed to and i was to pay £60 immediatly, which i didnt.

 

 

Next thing a notice of change of legal representative to 1st credit.

 

I had a message left on Friday from the mediation service to arrange a time for the telephone mediation how do i proceed with this??

Many Thanks

[welshwizard1972]

Sorry forgot to say have not sent a CCA request to them. Isit to late???

[dx100uk]

get it does 1st thing tomorrow

 

£1PO leave it blank

do not sign anything.

 

can we see your defence please

 

and the POC from the claimform.

 

dx

[Andyorch]

Particulars of claim and defence would also be useful....

 

Regards

 

Andy

[welshwizard1972]

get it does 1st thing tomorrow

 

£1PO leave it blank

do not sign anything.

 

can we see your defence please

 

and the POC from the claimform.

 

dx

 

Hi dx

The original claim form was sent to me over 6 months ago which i unfortunantly cant find.

 

The confusing bit is i dont think I put a defense down as i would have known what it was.

 

All i did was to make an offer of £500 to settle.

 

The next paperwork from the court is the transfer to small claims questionnaire.

 

Can i get a copy of the original claim form?

 

I sent the cca off yesterday morning first thing.

 

The mediation team want me to arrange the telephone medition appointment for this week

how should i proceed with that??

 

Many thanks

[dx100uk]

ring the court 1st thing and as them to read out the POC

and write it down word for word

or record the call.

 

 

as for mediation, if they've sent no agreement, you don't know if its even enforceable yet.

tell mediation that.

 

 

dx

[welshwizard1972]

Hi all,

 

Just got an email from HMCTS helpline "very helpfull and pleasant" makes a change from some government departments.

 

POC as follows:

 

1.On 23/08/2007 the defendant entered into an agreement for a loan with the original creditor under ref no:00000000000

On 04/05/2012 the defendant defaulted on the agreement with an outstanding balance of £2853.10.

 

2.On 24/06/2014 the debt was assigned to 1st credit(finance) ltd in the sum of £2853.10, by the creditor.

A statutory notice of assignment was sent to the defendant.

 

3.And the claiment claims interest under section 69 of the county courts act 1984 at the rate of 8% a year

from 08/07/2014 to 24/11/2014 on £2853.10 and also interest at the same rate up to the date of judgment

or earlier payment at a daily rate of £0.63.

[welshwizard1972]

Hi DX,

Have today received a copy of the agreement from 1st credit itis a copy of the original signed by myself.

 

It is not a very good copy but that is down to their poor photocopier i presume.

 

The letter enclosed with it also say that they have previously sent a statement of account from the original creditor

and the notice of assignment which is true,

 

the statement of account was just a 2 page print out with a list of payments made and charges levied to the account etc, ie letter charges etc.

 

Also i noticed that interest was preloaded on to the account

 

should there have been a partial refund of interest at the time of default ?

 

At the end of the letter it reads

 

" We remain willing to attempt settlement of this matter and invite you to contact this office should you wish to discuss this"

 

is it worth ringing them and discussing my situation?

Many thanks

[dx100uk]

scan all they've sent into a multipage word doc

after you remove pers info.

then upload

 

 

no I would not be talking on the phone.

[welshwizard1972]

Am having to spread files over a few posta am not very good on computer sorry

Hope ok.

[dx100uk]

all merged to above post