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Moon phases


1st Credit help needed

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1st Credit help needed

Post by angelao1 on Mon Feb 12, 2018 6:41 pm

Hi Iam on old get Out of Debt Free devotee and the story is as follows

I am doing this on behalf of my partner and tho cut a long story short:-

2.1st Credit wrote to say they had been assigned M&S alleged debt
- Wrote back requesting proof of claim by providing me with a true and certified copy of the Deed of Assignment and Deed of Novation
- Told -no requirement for an Agreement as it was exempted by Part V of the Consumer Credit Act 1974, not obliged under S136 of the Law of Property Act 1925 to provide a copy of the Deed of Assignment and Deed of Novtation ,
-asked for Verification of the alleged debt and of their alleged assignment
- received letter stating had sent copy of Notice of Assignment (not requested)
- Requested verification again .
- received letter stating had sent a copy of the Notices of Assignment, and a “signed” credit agreement,
- March 2017 the Claimant submitted a claim to Northampton County Court stating their particulars of claim.
- acknowledged service
- CPR 18 request letter sent

Now I have received a Notice of Proposed Allocation to the small claims track with a mediation form although stated on the form they don't think mediation is appropriate
What do you think?
Help needed
Thanks

angelao1
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Re: 1st Credit help needed

Post by Tiggy on Tue Feb 13, 2018 11:07 am

What's the original debt for?

What defence did you submit?

What exactly have they sent by way of verification?

Presumably, they've applied to the court to lift the stay. Did you receive a copy of the Court Order lifting the stay and 7 days to apply to set the order aside?

Tiggy
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