[CLOSED] - Continues in AAD+ Legal Section - 1st Stop Recoveries v TibetanMonk

[TibetanMonk]

Your AAD Forum Username

TibetanMonk

Name of Claimant

1st Stop Recoveries

Name of Claimant's Solicitors

1st Stop Recoveries

Claim Issue Date

15 October 2015

Who Signed the Claim Form?

An Individual (i.e. Joe Blogs)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

No

If Yes, when was the AoS Submitted

-

Details of Claim

Received the county court claim on the 15th of October which was sent to my mums address (my old address and the address I was living at when I took out the payday loan)

The original amount borrowed was £200, and they're claiming back:

£472.60
Court Fee: £35.00

Total amount claimed: £507.60

N1 sent to Niddy and PlanB via email.

[PlanB]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Here is a link to your original thread for reference http://forums.all-about-debt.co.uk/s...l=1#post530702

We'll ask you some questions about this debt before helping you to decide what you would like to do next.

This is a PDL regulated by the CCA.

You've emailed the N1 claim form which states in the POC that the account was assigned from a previous lender. The Claimant should need to prove that they have the legal right to claim this debt before the court will order you to pay them any money.

You have 14 + 3 days from the date of the summons to file your AOS so that'll be plenty of time for us to explore the situation.

The general idea is to see if anything they've done, or more importantly not done, is flawed to give you bargaining power. You've already made an offer to settle which they rejected.

Plan B x

[TibetanMonk]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Here is a link to your original thread for reference http://forums.all-about-debt.co.uk/s...l=1#post530702

We'll ask you some questions about this debt before helping you to decide what you would like to do next.

This is a PDL regulated by the CCA.

You've emailed the N1 claim form which states in the POC that the account was assigned from a previous lender. The Claimant should need to prove that they have the legal right to claim this debt before the court will order you to pay them any money.

You have 14 + 3 days from the date of the summons to file your AOS so that'll be plenty of time for us to explore the situation.

The general idea is to see if anything they've done, or more importantly not done, is flawed to give you bargaining power. You've already made an offer to settle which they rejected.

Plan B x

Awesome thanks.

I just hope I can get it sorted as I really can't have a CCJ.

[TibetanMonk]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

As a third party surely there is no contract with them (bills of exchange act 1882)

Secondly as a third party pre court conduct and further information can be used to get it stayed?

[PlanB]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

I've now read through your original thread and can see that after they rejected your offer you wrote again and said you looked forward to receiving their claim form. It seems they obliged accordingly.

However you also said you would defend any such claim so let's see what we can come up with to call their bluff if nothing else. You need to be careful because if you file a frivolous Defence that could invite an application from the Claimant for a Summary Judgement or strike-out.

However, if you request the necessary paperwork and they can't/don't provide it by the deadline then you may be able to file an "Embarrassed" Defence to buy you time while you try again to negotiate a settlement.

We have a PDL expert on the forum so I'll ask him to pop in to help. An interest rate of 292% is obscene and the reason the amount owed is now double the amount borrowed in the first place

One step at a time. And try to keep calm throughout the process.

Plan B x

I would reply as follows (if it was me)

Dear Sirs,

Ref: xxxxxxx

Thanks for your email, the content of which has been noted.

I look forward to receiving the claim form, which will be fully defended. I will also publicise the fact your client openly encourages irresponsible lending and will also bring my recent offer to the Judge's attention.

It should also be pointed out that you will be liable for your own costs as is normal with small claims. Misleading a Litigant in Person is pretty serious and your complete misleading and continual threatening demeanour leaves me with no option but to report you to your regulatory bodies.

Yours faithfully,

[TibetanMonk]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Can I not just contact them to set-up a repayment plan?

This year has really been the worst for me.

[PlanB]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

As a third party surely there is no contract with them (bills of exchange act 1882)

Oh dear, have you been doing research on another forum which begins with the word "get" and ends with the word "free"?

I wouldn't bother if I were you.

Stick with us and we'll help you sort this in a more sensible way

Plan B x

[TibetanMonk]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Oh dear, have you been doing research on another forum which begins with the word "get" and ends with the word "free"?

I wouldn't bother if I were you.

Stick with us and we'll help you sort this in a more sensible way

Plan B x

Yes I had, I wanted to see if there was any case law I could find to see how other people have dealt with this situation.

Because I offered £200 will that go in my favour?

Will I by default now get a CCJ?

I trust you, I know you'll help in the right way

TM x

[PlanB]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Can I not just contact them to set-up a repayment plan?

This year has really been the worst for me.

Of course you can if that's what you want, but would it not make sense to see if you've got any legal arguments to beat them over the head with first?

I know you've had a bad year which is why we're offering to help you with this now

Plan B x

[TibetanMonk]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Of course you can if that's what you want, but would it not make sense to see if you've got any legal arguments to beat them over the head with first?

I know you've had a bad year which is why we're offering to help you with this now

Plan B x

I just don't know if they'll actually accept it, if they didn't accept a £200 payment, why would they accept a repayment plan.

Just incase you missed my questions

Because I offered £200 will that go in my favour?

Will I by default now get a CCJ?

[Pixie]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

No you won't get a CCJ by default. As it will be in the small claims court you will be offered mediation and you will be able to offer a repayment plan then. However, why not do as PlanB says and see if there's "any legal arguments to beat them over the head with."

[TibetanMonk]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

No you won't get a CCJ by default. As it will be in the small claims court you will be offered mediation and you will be able to offer a repayment plan then. However, why not do as PlanB says and see if there's "any legal arguments to beat them over the head with."

Hey Pixie,

Yeah that's what I'm going to do. I'm just scared (Which is strange for me to admit because it's a very rare I show that side to me)

[Pixie]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

It's natural to be scared when you get a claim but AAD are good at what we do

[PlanB]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

I'll ask SnV to take a look at the background. Can you reply to the questions he asks in this post on your PDL thread (this debt wasn't on there when I checked).

You've said you've not kept any paperwork apart from the one statement you've emailed, so do your best to remember what happened and when (approximately).

Also add a paragraph about the debt assignment. When was it and what letters (if any) do you remember receiving at the time?

Hi TibetanMonk

I need the following information for each payday loan:

• Date loan taken out

• Date a payment was last made

• Status (i.e. did you discuss a payment arrangement or just stop paying)?

• When applying for the loan did you have to fill out an application form and do you have a copy?

• During the application for the loan were you given any pre-contact information or fact sheet so you could assess the affordability of the loan that was being offered to you and do you have a copy?

• Were you given a credit agreement and if so do you have a copy?

• Did you ever roll over the loan and if so how many times?

• If you rolled over the it would be helpful to understand the following - the amount of money you have repaid in total compared to the capital lent

• If you rolled over the loan were you provided new pre-contract information and new credit agreement each time and if so do you have copies?

• Did you receive any arrears notice/letter also containing information on where you can go to get advice on your debts?

• Have you received any sort of default or termination notice to your POSTAL address?

• When was the last time you sent any correspondence to them (either by email or post)?


I know its a lot of information to ask for but depending on the answers could give several approaches of attack to respond to them.

You are a member of AAD+ so we can move your thread to a private section if you would like that

Plan B x

[cymruambyth]

Re: 1st Stop Recoveries ( 1st Stop Recoveries ) v TibetanMonk - Issued 15 October 2015

Hi, try not to worry too much, a lot easier said than done! AAD has had some great legal successes recently, so just answer all the questions and keep an eye on your thread so you don't miss any deadlines.