asset/?claimform - old Lending stream PDL

[captainfalcon]

Name of the Claimant ? Asset Collections & Investigations Limited

 

Date of issue – 30th June 2017

 

What is the claim for –

 

1.Asset Collections & Investigation 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.

Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently set a notice of assignment to the defendant to advise.

 

2.The defendant has failed to repsond from the Claimant thus denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion.

 

3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 06/04/2017 to 29/06/2017 on £452 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

What is the value of the claim? £460 + £35 court costs.

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL

 

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. Asset

Were you aware the account had been assigned – did you receive a Notice of Assignment? I honestly cannot remember

 

Did you receive a Default Notice from the original creditor? I don't remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't remember

 

Why did you cease payments? Financial difficulty, having to take loans just to pay loans and my mental health was deteriorating.

 

What was the date of your last payment? November 2015

 

Was there a dispute with the original creditor that remains unresolved? I am looking into talking to the Lender about irresponsible lending but I haven't set it in motion.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? I said I was experiencing difficulty and would get back to them when I had things set out with an action plan.

 

 

I have another thread in the general debt forum and was advised I should post here to seek advice on this one. Any help would be greatly appreciated.

[Andyorch]

Well done on completing the Court Claim Received link...now go back to the link and follow the instructions on sending the claimants a CCA request and the Claimants Sols a CPR 31.14...

Once done you need to register to use the MCOL on line portal to deal with the claim...instructions are contained within the claim pack.

 

Once registered you should acknowledge service of the claim..you have 19 days from and including the date on the claim....if you are defending all the claim you then have a further 14 days to submit your defence..so in total 33 days.

 

Post up if your unsure of anything.

 

Andy

[captainfalcon]

Hopefully I can still get some help.

I have sent off the letter to Asset Collections and Investigations and done the MCOL process online.

 

 

I really don't know a lot about what the process is so what am I expecting from the letter, and if nothing happens with that do I have any other options?

[Andyorch]

Read other threads captainfalcon you will soon learn the process and probable outcome and options...main part is to defend to put them to work and see if they wish to proceed beyond the easy part of issuing a claim hoping you will just accept it.

 

Andy

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=asset/%3F+claimform+-+old+Lending+stream+PDL&sa=Search+CAG#gsc.tab=0&gsc.q=asset%2F%3F%20claimform%20-%20old%20Lending%20stream%20PDL&gsc.page=1

[captainfalcon]

I had taken a look last night especially one of the most recent threads concerning Asset Collections. I want to put up a defence but to be perfectly honest I don't really know how to draft one or where to start. Would I be able to use one in another thread as a basis to start from and work from there?

[Andyorch]

I had taken a look last night especially one of the most recent threads concerning Asset Collections. I want to put up a defence but to be perfectly honest I don't really know how to draft one or where to start. Would I be able to use one in another thread as a basis to start from and work from there?

 

Absolutely that is what we advise....then we will check and amend to suit before you submit it.

 

Andy

[captainfalcon]

I have had the wind knocked out of me and just now feeling well enough to get up and about. I don't have a lot of time left so I hope I can get some assistance throughout today

[dx100uk]

get a move on

must be filed by 4pm tomorrow

[captainfalcon]

I sent the CCA and the CPR but have not had a reponse at all, from what I am reading that isn't a bad thing.

 

I have taken a look at a few defences and will post one up for a bit of insight, I know I left it late but I am going to put in as much time as I need today to get finished.

[captainfalcon]

Is this an ample defence? I am flying a bit blind here so if I am way off the mark any help would be great.

 

 

Particulars of claim for reference

 

1.Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream.

 

2.The defendant failed to abide by the terms of the contract.

 

3.Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently set a notice of assignment to the defendant to advise.

 

4.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.

 

5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 06/04/2017 to 29/06/2017 on £452 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £460.00.

 

2. Paragraph 2 is denied.It is denied the defendant failed to abide by the terms of contract.

 

 

3. Paragraph 3 is denied .It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

 

4. Paragraph 4 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.

 

 

5. The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.

 

6. On the 13th July 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand ...and ?

 

 

7. 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.

 

 

8. On the 13th July 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the consumer credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with s78(1) of the Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

 

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

10. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment.

 

 

11. It is denied that the Claimant is entitled to the relief as claimed or at all.

Edited July 31, 2017 by Andyorch
edited with queries

[Andyorch]

Particulars renumbered and defence points renumbered.

 

Points in blue require attention.

 

Regards

 

Andy

[Andyorch]

Responding to your PM

 

The above defence is fine except for the points I have highlighted in blue

 

So move point 5 to your intro

 

Your point 6 requires a conclusion...have they replied or disregarded the request?

 

Your point 7 is confusing...is there a dispute or do you simply deny ...one or the other ?

 

Your point 10 is not legally correct or required...if you did make amendments to your defence......you pay the costs to the claimant..but the sentence is not required anyway so remove.

[captainfalcon]

Would this be a better defence?

 

 

 

1: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

2: This appears to be for a pay day loan agreement regulated under the consumer crediticon Act 1974. The Claimant states the claim relates to a loan account with **but without further details the Defendant is unable to identify such an account. The particulars of claim fail to state when the agreement was entered into.

 

3.It is denied that the Defendant failed to respond to the Claimant because the Defendant did not receive any correspondence from the Claimant. Thus the Claimant has denied the Defendant any opportunity to resolve this matter prior to court action.

 

4: The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

 

5. The Claimants statement of case states that the account was assigned from the Original Creditor to the Claimant. The Defendant does not recall receiving notice of this assignment. The Defendant believes that the Claimant needs to prove that they own this alleged debt via a deed and not just a Notice of assignment and they need to be put to strict proof that they have such.

 

6. It is denied that the Original Creditor served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

7: On the 13th July 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand.

 

8. The claimant has not sent any of these documents to the Defendant.

 

9. On the 13th July 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

10. The Claimant has failed to comply with s78 (1) of the Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

12. The Defendant requests that the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case else the Claim should stand struck out.

 

13. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendmenticon.

 

14. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

[Andyorch]

Absolutely not

[captainfalcon]

Thank you, I will work on those amendments! You are a godsend, I will be doing my bit tonight once I have this sent out

[captainfalcon]

I have tried to address all the amendments here, let me know how it looks please.

 

Particulars of claim for reference

 

1.Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream.

 

2.The defendant failed to abide by the terms of the contract.

 

3.Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently set a notice of assignment to the defendant to advise.

 

4.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.

 

5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 06/04/2017 to 29/06/2017 on £452 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

Defence

 

The Claimant’s statement of case fails to give adequate information to enable myself to properly assess my position with regards the claim.

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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £460.00.

 

2. Paragraph 2 is denied that the defendant failed to abide by the terms of contract.

 

3. Paragraph 3 is denied that the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

4. Paragraph 4 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.

 

On the 13th July 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand.

 

The claimant has failed to comply.

 

5.On the 13th July 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the consumer credit Act 1974 along with the statutory £1 fee.

 

The Claimant has failed to comply with s78(1) of the Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

 

6.. The claim is not accepted 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.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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.

[Andyorch]

Defence edited above.

[captainfalcon]

Thank you, I will send it after dinner and I have made a small donation to the site. I appreciate the help.

[Andyorch]

[captainfalcon]

 

 

I have been away but have received a letter with a mediation option I take it I am ignoring this so they can answer to my defence?

[Andyorch]

Are you referring to the Directions questionnaire when you state " Letter " N180 ?

[captainfalcon]

Are you referring to the Directions questionnaire when you state " Letter " N180 ?

 

Yes sorry, that is the letter I am talking about.

[Andyorch]

No you dont ignore the N180..if you fail to submit this by the date stated you risk your defence being struck out.

 

The N180 allocates the claim to track and transfers it to your local county court to proceed.

[captainfalcon]

Well it looks like I am well up the creek then. My fault entirely, is it worth me sending it off now?