1st Stop Payday Recovery Action

DanFish

Hi,

I recently received an email from 1st Stop which states the following:-



Notice – Impending Action -

Notice Date 07/04/2014
Your Loan reference
Account Balance 285.72

Dear Daniel

You have still not paid what you owe and we are now forced to use the courts inseeking enforcement action against you by either Attachment of Earnings whichmeans your employer could be ordered to deduct money from your earnings to payoff the full debt owing or by Questioning order which means you could be askedto appear at court and explain why you cannot pay.

Both of these orders will add £100 and £50 respectively to your account andwhat you owe will increase. If you pay off the entire discounted debt or enterinto a reasonable payment plan then we will not seek any further action againstyou.

Reasonable and Affordable Repayments
Our repayment plan options are there to help you repay your debt. Pleasecontact us by email or phone to set up your plan.
Call 01253 601966
** You can also pay 24 hours a day using our new payment line . Please call 01253845 880 and have your agreement number and card details ready to pay youragreed amount . **


Yours Faithfully
Litigation Department – 1st Stop Group



Regards 1st Stop
1ststop.co.uk

I checked my credit report and i have a CCJ registered on 20.03.14 with regard to this account. If they have already obtained the CCJ do i have to go through the courts to sort this out or do i arrange to pay through 1st Stop?

I have not received any written confirmation about the CCJ i have only just seen the record on my credit report.

I am about to enter into a DMP once i have gathered all my references for my credit accounts. Also i made payments to this debt of around 50 a month for a few months if i remember correctly so im not sure the amount they say i owe is correct. I have requested a breakdown of the account since it defaulted but they keep palming me off telling me to ring them to discuss the account. i have told them 3 times now that i want all correspondence in writing for my own records.

Any advice on what to do with this?

National_Debtline

Hi Dan

First could I recommend that you remove the loan reference number from the above? Just so you can post in full confidence, as anyone from that company could easily identify you.

Regards

Dennis @NDL

DanFish

Further to the previous email i received, i requested a breakdown of the account, showing all charges and interest and payments i have made and have received the following reply:-


Dear

Please contact the office on 01253 603963, as we do not issue statements ofaccounts on a payday loan.


Regards 1st Stop
1ststop.co.uk

Surely they must be able to send me this information?

As i want to know they amount they are pursuing is correct.

National_Debtline

Hi again Dan

All things being normal, you should have received a county court claim form some weeks prior to the CCJ being entered against you. Can you think of any reason this might not have reached you? Even if you made the initial loan application online, you would normally have had to provide a postal address at some stage and it is to this address that any claim form should have been sent.

If both the following are true:

(a) You did not receive the claim form, and
(b) You have good reason for disputing the debt concerned (or a portion of it)

you may be able to apply for a "set aside" of the judgment. I would recommend you read the following fact sheet for more on this:

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

This is likely to incur an application fee of £80 unless you are exempt on grounds of low income, so you must consider whether the cost of applying is outweighed by the potential benefits.

Right now, the creditor is threatening to seek either an Attachment of Earnings Order (AEO) and/or an order to obtain information. The latter is unlikely as there is rarely any specific need for it to be used. If you are working and taxed at source, the AEO could definitely be used against you. You would have the opportunity to suspend it if you were able and willing to make payments on the judgment directly. Read more:

https://www.nationaldebtline.org/EW/factsheets/Pages/22%20EW%20County%20court%20-%20attachment%20of%20earnings%20orders/Default.aspx

As you are still awaiting information on the account, I would now make a written "subject access request" to this company. I believe there are some templates on the MSE site you can use - I will post the links if I can find them.

Finally for now, you refer to planning on entering a DMP. Are you going to be paying a fee to the organisation involved? If so, I would recommend that you look at using one of the free alternatives.

Regards

Dennis @NDL

National_Debtline

DanFish wrote: »

Further to the previous email i received, i requested a breakdown of the account, showing all charges and interest and payments i have made and have received the following reply:-


Dear

Please contact the office on 01253 603963, as we do not issue statements ofaccounts on a payday loan.


Regards 1st Stop
1ststop.co.uk

Surely they must be able to send me this information?

As i want to know they amount they are pursuing is correct.

My last post crossed this one so I'll answer it specifically:

Your "subject access request" (or SAR) obliges this lender to supply you with all information regarding your dealings with them. For them not to comply may be a breach of the Data Protection Act, whatever they say their "normal procedures" might be.

Regards

Dennis @NDL

DanFish

I only had to mention Subject Access Request in an email and got the information i wanted it would seem the amount is correct and they have recognised the correct amount for the payments i made.

Should i tell them i intend to commence into a DMP? i figure its going to be a few weeks before i get all the references together for the DMP and dont really want an Attachment of earnings.

[Deleted User]

For £285 I don't honestly believe that they are going to get a Questioning order or an attachment of earning order. You could write and inform them of the dmp; I think they would be foolish to ignore it.

DanFish

At this point now the CCJ has been obtained is this too late put forward a reduced settlement offer?