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Moon phases


Hi a little advice please on a 15k Loan

2 posters

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Hi a little advice please on a 15k Loan  Empty Hi a little advice please on a 15k Loan

Post by meeko Sun Mar 04, 2018 3:15 pm

Hi,

Received a letter from a county court business centre (claim form 27 feb 2018) in Northampton regarding a debt originally owed to Llyods bank (19k defaulted in 2008, 13k outstanding) that was passed over to 1st Credit Finance for collecting, with all documents now to be sent to Judge and Priestly solicitors.

Ok so this is for a friend who has ignored letters to date, Ive convinced them its hopefully not to late to resolve the problem.

Can we start the ball rolling by sending out the first of the three letters to the Solicitors Judge and Priestly? It does say on the letter and I quote "Address for sending documents and payments" and has JandPs details.

should we perhaps send to 1st Credit Finance who are the claimant?

The form states on the back that you must send either the completed acknowledgement of service form or a defence form to the court within 14 days of the date of service. If you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service.
***note this is if we disagree with the claim or counter claim against the claimant.

Is it to late to send the three letters?

Would really appreciate any help as very confused as to which party we should be initially dealing with.

Thanks

N.

meeko
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Post by Tiggy Sun Mar 04, 2018 6:11 pm

meeko wrote:Hi,

Received a letter from a county court business centre (claim form 27 feb 2018) in Northampton regarding a debt originally owed to Llyods bank (19k defaulted in 2008, 13k outstanding) that was passed over to 1st Credit Finance for collecting, with all documents now to be sent to Judge and Priestly solicitors.

Ok so this is for a friend who has ignored letters to date, Ive convinced them its hopefully not to late to resolve the problem.

Can we start the ball rolling by sending out the first of the three letters to the Solicitors Judge and Priestly? It does say on the letter and I quote "Address for sending documents and payments" and has JandPs details.

should we perhaps send to 1st Credit Finance who are the claimant?

The form states on the back that you must send either the completed acknowledgement of service form or a defence form to the court within 14 days of the date of service. If you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service.
***note this is if we disagree with the claim or counter claim against the claimant.

Is it to late to send the three letters?

Would really appreciate any help as very confused as to which party we should be initially dealing with.

Thanks

N.

Too late for the 3 letters, your friend is now in the realms of responding as per the Court Procedures.

First thing is to acknowledge service of the claim, that can be done on line and really needs to be done straight away.

Then they have 33 days from the issue date on the claim form to formulate a response.

Say defaulted in 2008 but when did they last make a payment against this debt, this is VITAL and MUST be accurate as it's possible the debt is Statute Barred (ie if it's 6 years (5 in Scotland) since the formal default notice was issued or last payment / acknowledgment of the debt was made (whichever is the later) - then under Section 5 of the Limitations Act 1980,.the debt is statute barred.

Tiggy
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Hi a little advice please on a 15k Loan  Empty Re: Hi a little advice please on a 15k Loan

Post by meeko Sun Mar 04, 2018 9:17 pm

Ok thank you, so this debt has been passed to three different companies before landing in the lap of 1st Credit in 2017.

Nothing has ever been paid to 1st Credit but a payment was last made on the debt to one of the other companies in June 2013.

Is there any other course of action or do they have to com[pletely abide by the courts ruling?

Sorry but just have no idea which way to turn, the debt is far to large to pay back and they are not currently working as on ESA and possibly PIP (Disability) soon.

Never a right time is there..... Sad



meeko
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Hi a little advice please on a 15k Loan  Empty Re: Hi a little advice please on a 15k Loan

Post by Tiggy Sun Mar 04, 2018 10:03 pm

meeko wrote:Ok thank you, so this debt has been passed to three different companies before landing in the lap of 1st Credit in 2017.

Nothing has ever been paid to 1st Credit but a payment was last made on the debt to one of the other companies in June 2013.

Is there any other course of action or do they have to com[pletely abide by the courts ruling?

Sorry but just have no idea which way to turn, the debt is far to large to pay back and they are not currently working as on ESA and possibly PIP (Disability) soon.

Never a right time is there..... Sad


Ok, so not statute barred.

Does your friend own their property? Are they willing to try to fight this ?

Tiggy
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Post by meeko Tue Mar 06, 2018 12:52 pm

They don't own a property No and yes willing to fight.

meeko
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