Asset Collections claimform - Multiple Lending Stream PDls in one claim

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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 defense 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 £---------

 

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.The Claimant's particulars fail to plead four separate loans rolled into one. Only stating 'an unpaid loan funded by The Lending Stream' and only issuing one claim.

 

7. At no point has there been a request by the Claimant to merge the loans into one single loan.

 

8. If the Claimant had suggested we merge the loans into one single loan I wouldn't have been agreeable to this.

 

9. On the 13th June 2017 I made a formal written request to the Claimant,[Exhibit A] sent by recorded delivery [Exhibit B] 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.

 

10. On the 13th June I made a CPR 31.14 formal written request to the claimant, [Exhibit C] (no solicitors mentioned on the claim form) sent by recorded delivery,[Exhibit B] 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

 

11. The claimant has not complied with my full requests and have sent only partial documentation despite entitlement to inspect all of these documents.

 

12. The Claimant states that the Claimant was issued with a default notice letter as per agreement and highlights their exhibit 2, 2a, 2b,2c. What was actually disclosed were 'Notice of Sums in Arrears' No Default Notices have been disclosed.

 

13. 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.

 

14. The Claimant has issued a £40 fee on each of the four loan agreements and has also claimed further interest on the claims section 69

 

15. The Claimant states that 'The Defendant failed to respond to the Claimants messages, emails or calls. The Claimant then pursued collection activity to retrieve the outstanding balance.'

The Defendant did in fact respond to the Claimant via the Claimant's website to dispute the debt [Exhibit D]

 

16. The Claimant suggest 'All postal correspondence was sent the address details that were provided by The Lending Stream, which have been confirmed to be the address the Defendant is residing at based on the N9B form submitted confirming this.' When in fact the Claimant wrote to the Defendant in March 2016 at a at said address. The Claimant then allegedly sent the Notice of Assignment in June 2016 to an old address which was not received by the Defendant. The Claimant then continued to correspond at the Claimant's newer stated address.

 

 

17. 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.*

 

In light of the above, having regard to the fact the Claimant has failed to abide to issuing separate claims for each agreement and merging four separate accounts into one without the Defendants permission. I would also like to highlight that due to this and without prior explanation the Defendant did not know what the debt was. Therefore disputing the debt, without any further contact from the Claimant the claim was issued not giving the Defendant a chance to sort this out amicably.

 

Statement of Truth

 

I, --------------- the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: ________________________________

 

Dated: ________________________________

[AndyOrch]

Okay well done, so you have all the mains points included...there a few more to be added and I will tweak it later today.

 

Points 7 & 8...the claimant would not be legally able to merge the accounts...only the OC The Lending Stream could do that.......they have bought the debts separately and as a cost saving exercise rolled them together...one claim form one set of costs etc etc.

[AndyOrch]

One other point....If you have received a copy of the claimants DQ (Directions Questionnaire) N180 ...can you PM the name/s of the witness/s

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Thank you, Andy. Much appreciated.

It has to be there by Monday, am I ok for time? I thought I should be posting it today really?

[AndyOrch]

One other point....If you have received a copy of the claimants DQ (Directions Questionnaire) N180 ...can you PM the name/s of the witness/s

 

Thank you, Andy. Much appreciated.

It has to be there by Monday, am I ok for time? I thought I should be posting it today really?

 

Tomorrow will be fine...

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One other point....If you have received a copy of the claimants DQ (Directions Questionnaire) N180 ...can you PM the name/s of the witness/s

 

Sure thing will do now

[AndyOrch]

So they have not served a copy of their DQ on you either....

 

Role 4 loans into one to save on court claim costs....wont be appearing at the hearing to save on counsel costs.........last of the big spenders here:wink:

 

Is it possible to scan the front page of the N1 and post here (redacted) ?

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Sure will do it now. Be a few mins

Thanks

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..

N1_PDF.pdf

[AndyOrch]

Thanks...nothing in the second box for sending documents if different ?

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No nothing. It was completely blank.

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No nothing. It was completely blank.

 

Sorry just double checked and in the bottom left corner was the reference number.

[AndyOrch]

Ok thats fine..leave it with me....will get back to you later today with a final draft.

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Ok thats fine..leave it with me....will get back to you later today with a final draft.

 

Thank you

[AndyOrch]

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 to the claim.

 

1. The claimants witness statement confirms that it relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.Given that Claimant has failed to serve a copy of it Directions Questionnaire on myself I am unable to check the witness credentials of Mr XXXXXX if they were listed as a witness and are allowed to act and have conduct of this matter on behalf of the claimant.

 

2. I understand that the claimant will not attend the hearing and has requested permission pursuant to CPR 27 .9 (1a/b/c) in its absence to dismiss the Defendants defence and enter Judgment for full balance immediately without the need of any counsel or representation with a view to save costs.

 

3.The claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. Then issues claims to circumvent and claim the full amount of debt to maximise profit.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. When an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party

 

4. On or around the 2nd June 2017, I received a claims form from the County Court Business Centre, Northampton, for a loan amount of £2XXXXX. The agreement number/ reference number on which their claim relies upon does not relate to any account I may have held with The Lending Stream. Given that the particulars are rather vague the claimant fails to comply with CPR 16.2 a and It is therefore denied that I have entered into this agreement number xxxxxxxxx agreement for the amount claimed.

 

5.Points 2-9 of their statement After receiving the claimants witness statement it transpires the Claimant's particulars fail to plead that it is actually four separate loans rolled into one and their own agreement number used as the basis of the claim. An agreement number to which I have never entered into or agreed or e signed.

 

6. At no point has there been any request by The Lending Stream to merge the loans into one single loan.I understand that each agreement is separate with its own T&Cs and must be treated as separate entities.Therefore the claimant is put to strict proof to disclose the e signed verification of my acceptance of agreement number xxxxxxxx as per the claimants particulars.

 

7. On the 13th June 2017 I made a formal written request to the Claimant,[Exhibit A] sent by recorded delivery [Exhibit B] and including a £1 fee (which was cashed) for them to provide me with a copy of my consumer credit Agreement number xxxxxxxxxx as per the claimants particulars as entitled to do so under sections 77 of the Consumer Credit Act 1974.

 

8 . On the 13th June I made a CPR 31.14 formal written request to the claimant, [Exhibit C] sent by recorded delivery,[Exhibit B] which was received and signed for.

In particular I enquired for information including:Notice of assignment and The Default Notice and a Statement of Account.The claimant has not complied with my full requests and have sent only partial documentation despite my endeavours to inspect all of these documents and try to resolve this matter without it proceeding further.

 

12.Point 13 of their statement The Claimant states that the Claimant was issued with a default notice letter as per agreement and highlights their exhibit 2, 2a, 2b,2c. What was actually disclosed were 'Notice of Sums in Arrears' No Default Notices have been disclosed pursuant to CCA1974 sec 87.1

 

Furthermore the Claimant has issued a £40 Default fee /Interest charge on each of the four loan agreements and has also claimed further interest on top of this interest by requesting section 69 interest n the total alleged claim amount.It is denied that the claimant is entitled to any default charge or interest or section 69 interest.

 

13. The Claimant has not been able to clarify by way of an itemised list how the alleged balance were derived and validity of the charges applied to the said balance. The claimant has not in any way proven the existence of the alleged debt and is therefore put to strict proof to disclose and quantify the alleged amount claimed.

 

14. The Claimant states that 'The Defendant failed to respond to the Claimants messages, emails or calls. The Claimant then pursued collection activity to retrieve the outstanding balance.'The Defendant did in fact respond to the Claimant via the Claimant's website to dispute the debt [Exhibit D]

 

15. The Claimant suggest 'All postal correspondence was sent the address details that were provided by The Lending Stream, which have been confirmed to be the address the Defendant is residing at based on the N9B form submitted confirming this.' When in fact the Claimant wrote to the Defendant in March 2016 at said address. The Claimant then allegedly sent the Notice of Assignment in June 2016 to an old address which was not received by the Defendant. The Claimant then continued to correspond at the Claimant's newer stated address.Therefore the claimant was fully aware of the current address before assignment.

 

16. None of the issues raised within the claimants statement offers any tangible evidence .The evidence provided by way of exhibits is woefully deficient and invalid and not pursuant to the CCA1974.

 

Unless the claimant can disclose a true executed copy of the agreement complete with terms and conditions and e signed that they refer to within its particulars of this claim and witness statement they are not entitled while the default continues, to enforce the alleged agreement pursuant to section 77.4 (a) of the Credit Consumer Act 1974.

 

It is therefore respectfully requested that the court dismiss this claim and costs requested.

 

 

Statement of Truth

 

I, --------------- the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

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Thank you so so much for this Andy! It looks great. I'll get it posted off tomorrow and get another donation made. Sorry they aren't very big.

Will update as I can.

[AndyOrch]

You can email a copy to the claimant using that email address you provided.....same as they did with you.

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You can email a copy to the claimant using that email address you provided.....same as they did with you.

 

Will do thank you once again.

[AndyOrch]

Send the courts pref recorded or drop it in yourself if local....and ask for a receipt.

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Im supposed to be in Court on the 21st and I cant go.

 

Iv checked MCOL as wanted to check for any updates but I cannot see any. Is this normal? Or am I looking in the wrong place?

 

I need to let the court know Im not going to attend. Will this go against me? The claimant also is not attending.

 

Im so worried that they are going to win I feel sick.

[AndyOrch]

You have filed and served your witness statement ?

 

You must do the following not less than 7 days before the hearing date (21st)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

27.9

 

(1) If a party who does not attend a final hearing–

 

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

 

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

 

© has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

 

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

 

(2) If a claimant does not –

 

(a) attend the hearing; and

 

(b) give the notice referred to in paragraph (1),

 

the court may strike out(GL) the claim.

 

(3) If –

 

(a) a defendant does not –

 

(i) attend the hearing; or

 

(ii) give the notice referred to in paragraph (1); and

 

(b) the claimant either –

 

(i) does attend the hearing; or

 

(ii) gives the notice referred to in paragraph (1),

 

the court may decide the claim on the basis of the evidence of the claimant alone.

 

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

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Yes it was sent via recorded delivery and via email back in September and was signed for by the court.

[AndyOrch]

Refresh the page and read my last post.

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Last time there was an update

Your claim was transferred to ***************** on 15/08/2017

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Thank you.

 

Im about to send off the notice.

Does an email count as written notice?

I have a letter that Im sending but as far as I am aware the claimant has only emailed to say they wont be attending.

 

Should there have been any other updates on MCOL?

Im a little confused by this.