did it wrong will try again

Hi me again, I have been emailed their witness statement and also they wont be attending - The Claimant respectfully begs your Honour to excuse the Claimant’s non-attendance in person and kindly ask your Honour to accept this letter as written notice of non-attendance in accordance with CPR Rule 27.9 1(a). I think I may have a problem .... They have included a NOA stating - We refer to the fixed sum loan from Lending Stream LLC Dated (03/08/2013*this may contain multiple loans), regulated by the Consumer Credit Act 1974 – the loan agreement and any related guarantee being the Assigned Documents and the Loan of (£100.00*this may contain multiple loans) from Lending Stream LLC (Assignor) to (Debt) I dont know what to do now Do I need to upload what I have? What do I need to remove? All of my personal details? Do I need to remove his name? Agreement numbers?

I am struggling to locate them. I am trying to recover files on computer but have had issues. I may be able to get hold of postage receipts but having to wait to get access to the house

Thank you once again Andy. Have just made a donation. Is it ok to send just the WS? I am unable to access copies of letters I sent etc. Oh and do I need to send both via recorded delivery? Thanks

Does this look ok for a WS? Im not very clever but have tried. IN THE ------------- COUNTY COURT* Claim No. --------------- BETWEEN: ------------------- Claimant Asset Collections & Investigations Limited AND Defendant -------------------------- _________________________________ WITNESS STATEMENT OF ------------------------ _________________________________ I -------------, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. On or around the 2nd June 2017, I received a claims form from the County Court Business Centre, Northampton, for the amount of £2------- 2. The agreement number/ reference number does not relate to any account I own. 3. The particulars of claim state that this claim is for 'an unpaid loan funded by The Lending Stream. I have no idea what this is, upon checking my Lending Stream account there is no loan with an agreement/reference number the claimant refers to. Nor for the alleged sum of £2------- 4. The particulars of claim fail to state when the agreement was entered into. 5. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued. 6. On the 13th June 2017 I made a formal written request to the Claimant, sent by recorded delivery and including a £1 fee (which was cashed) for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974. 7. On the 13th June I made a CPR 31.14 formal written request to the claimant, (no solicitors mentioned on the claim form) sent by recorded delivery, which was received and signed for. I enquired for information including: 1. Agreement/contract 2. Notice of assignment 3. The Default notice 4.*Statement*of Account 8. The claimant has not complied with any of my requests and have not sent any related documentation clarifying or proving the alleged debt, and therefore defaulted payments, or service of default notice, despite my entitlement to inspect these documents. 9.The claimant has not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges applied to the said balance. The claimant has not in any way proven the existence of the alleged debt. 10. The Claimants pleaded case is that the Defendant entered into an agreement with Lending Stream under account reference ----------------. I am uncertain as to which account this refers to. It is accepted that I have had loans with Lending Stream in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.* Statement of Truth I, --------------, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________________ Dated: ________________________________

Thank you, Andy for your time and insight. Its very much appreciated. Hopefully back later with a witness statement.

Thank you, Andy. They sent an email in October, with the same reference number as the one on the claim form with pdfs of all four separate loans attached could this be them trying to lump them all into one? And is that allowed? Sorry for all of the questions, just don't want to get any of this wrong and rely on incorrect assumptions from me.

Right I have now checked all four loans against the reference number on the claim form. It doesn't match any of the loans. The claim form does not state multiple loans anywhere it just refers to one loan. Can I use this to my advantage or am I clutching at straws? Also my court date isn't until 21st December, yet I have to have my witness statement etc in by this Monday, 18th September ... does that sound right? As everything Im reading seems to suggest 2 weeks before? Sorry if I have misunderstood. Thank you

No I dont think so, I have no mail from them anymore. I stupidly didnt keep hold of it as was advised they were a bunch of clowns and nothing would come of it. Have an email from general@reconnect.uk.com - signed from Asset Collections with attachments of all 4 CCAs they sent this Oct 2016

First was opened March 2013 for £285 I paid back £461 I still owe them £244 Next was May 2013 for £265 I paid back £212 I still owe them £528 Next was July 2013 for £525 I paid back £157 I still owe them £1374 Next was Aug 2013 for £100 I paid back £0 I still owe them £342 £1175 was total borrowed in 4 separate loans of £285, £265, £525 and £100 £2586 total owed when I could no longer afford to pay £831.20 repaid by me before I stopped paying. Well I don't owe Lending Stream I owe Asset Collections

Yep All individual loans with their own loan number. Taken from the Lending stream site Can I get another loan before I have paid off the one I have now? You can apply for another short-term Lending Stream loan prior to paying off your current loan. From time to time we may even contact you to let you know that you can apply again. However, this doesn't mean you'll automatically be approved. By law, we can't guarantee approval of your additional short-term loan until the very moment your application is submitted to us for review. Even if you've had a Lending Stream loan before and repaid successfully, we're required to use the latest information available about you in order to make a loan decision. This is meant to ensure that we're always using the best available information to reduce the chances of putting you into a position of financial difficulty by approving a loan that you may not be able to repay. Additionally, we will not approve an additional loan if requested within a few days of your current pay date. Even if you are in good standing with us, we will not approve more than six total loans with us. You can log in to your account to check on the status of your current loan(s) and apply for an additional loan if eligible.

No these were four separate loans and there isn't a loan number on the claim form. It states 'an unpaid loan'

Thank You, Andy. Are Asset allowed to claim from 4 separate credit agreements in one claim as it seems they have done? Just logged into my Lending Stream account and the numbers tally up (with a little extra added on by Asset) I would like to know as would like to use this in my witness statement if you think it might be relevant? £1175 was total borrowed in 4 separate loans of £285, £265, £525 and £100 £2586 total owed when I could no longer afford to pay £831.20 repaid by me before I stopped paying.

I have computer/internet/printer access for the day so I am hoping to get this done today otherwise I don't know if I will get chance. Do I just need a witness statement or should I be including anything else I might have like postage receipts etc, credit report print offs? Statement of account from lender - As I don't know if I have all of them. I doubt there is as I have looked but is there a guide for writing a witness statement? Also would anyone be kind enough to confirm what happens if I don't get their paperwork by the 18th? Thanks

I now have the letter in hand. I have to serve and file copy documents by 18/9/17 .... Im a little lost. I'm going to go and look through some other threads but if anyone could point me in the right direction? I don't have access to a computer and the internet at all times at the moment due to my situation.

I don't have the letter in hand. Hoping to get hold of it tomorrow. Have been informed I have a letter from a local court at the old address and can't think of anything else it could be.

Hi everyone. Looks like I now have a court date for this. I cannot go to court. Going forward hows best for me to deal with this? Try and come to a repayment plan with Asset - would they even entertain that? Ask the judge to deal with it for me? Or just accept that this is a lost cause? Im severely depressed and have really bad anxiety, I also no longer live at the address this has been served to I am actually currently homeless. Got made redundant last year. Have no job. Living off savings. Dont claim any benefits. I dont know what to do.

Should I say yes to mediation? I'm not sure after reading the sticky in this forum. Thanks

Had letter Wednesday to say it's going down the small claims track or mediation. Is this normal/good/bad? Sorry for the late update Iv fractured my collarbone so bit behind on everything.

Thanks will edit and send right away

Sorry Im unsure what I should be editing - I did send CCA/CPR requests .... I didnt get anything back. Are you saying to add that I sent the request? Sorry for being a bit slow.

Thank you dx

Sorry Andy, didnt see this till it was too late.

Does this look ok for my defence? I have not had any replies to my cca or cpr. Thank you Particulars of the Claim 1.Asset Collections & Investigations claim this amount in respect of an unpaid loan funded by The Lending Stream. The defendant failed to abide by the terms of the contract. 2.Asset Collections & Investigations purchased this debt from The Lending Stream and subsequently sent a a notice of assignment to the defendant to advise. 3.The defendant has failed to respond from the Claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion. 4.The claimant claims interest under section 69 of the County Courts Act 1984 at he rate of 8% a year from 2016 to 2017on £2500 and also the interest at the same rate up to the date of the judgement or earlier payment at a daily rate of £0.55 The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £2500. It is denied the defendant failed to abide by the terms of contract. 2. It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925. 3. Paragraph 3 is denied the Claimant has not made any contact or followed any Pre-Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.* 4. By reason of the facts and matters set out, it is denied that the Claimant is entitled to the relief claimed, or any relief. 5. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; © show how any breach occurred and a valid Default Notice was issued, (d) show how it has legal assignment of any alleged debt. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

Thanks just been reading some of those Asset ones. Its the court part that bothers me I highly doubt Ill get my partner to go to court to defend this. Will keep reading anyway