Lantern claimform - old 118118 money PDL

[lovetobake]

I have just received another claim form from a company called Lantern Debt Recovery who I assume brought the debt from 118 118 Money. 

It relates to a loan I stupidly took out to try and keep myself afloat.

 

Name of the Claimant:   Lantern Debt Recovery

 

Date of issue – . 30 APR 2019

 

Particulars of Claim

 

1.The claimants claim is for £2200 being monies due from the Defendant to the Claimant in respect of a regulated credit account agreement between the Defendant and 118 118 Money (No. xxxx) and assigned to the Claimant on Nov 2018, notice of which has been provided to the Defendant. 

 

2.The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974

 

3.and the claimant claims interest on the sum due pursuant to Section 69 of the County Courts Act 1984 from the due date to the date of issue at 8.00% per annum being £200

and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.47p. 

 

The claimant claims

(1) the sum of £2300 

(2) Interest of £200 

(3) continuing daily interest of 0.47p

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) NO

 

What is the total value of the claim? 2600 approx

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES

 

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. ASSIGNED

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? I am not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? FINANCIAL PROBLEMS

 

What was the date of your last payment? CANT REMEMBER

 

Was there a dispute with the original creditor that remains unresolved? SORT OF.  I contacted them some time ago about unfair lending practices

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? only letter re unfair lending. NO RESPONSE.

Edited September 4, 2018 by dx100uk
format

 

Could someone just confirm if I follow the normal procedure with this i.e. CCA request etc?

 

Many thanks

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

…………….

 

why did you not start IRL complaints on every PDL you had?

 

[lovetobake]

Thank you DX100 for your reply and for tidying up my initial post.

 

I thought it was the same procedure but just wanted to check.

 

I did in fact write complaint letters to the PDL's  I was stupid enough to get involved with but never had anything back from them at all!!!

 

The only response I did get from one of them recently was MYJAR who sent me a letter saying that they were selling my debt on (shock, never seem to get them) and then I got another letter saying that because I had raised a complaint they had changed their minds and were not assigning it.  No doubt over the course of time all these other companies will start chasing and of course I will start a new thread for each.

 

Thank you for your help though, I will set the CCA and CPR sorted and sent off Monday.  I will AOS in a bit.

 

Many thanks

[lovetobake]

I have today received the credit agreement from Lantern.  Not sure where to go from here.

 

should I upload i on here?

[dx100uk]

Scan it all up to one multipage pdf

Read upload

[lovetobake]

Hopefully attached

118118creditagree.pdf

[dx100uk]

pretty std

 

pers id be ringing 118 and asking whats going on as you'd complained and now they've sold the debt on and the fleecers are litigating over the disputed loan.

 

worth a try.

 

[lovetobake]

I have to file my defence by Friday and I am thinking of an unfair relationship  defence.

 

I have not received a response to the CPR request as yet.

Edited May 28, 2019 by lovetobake

[Andyorch]

Lantern have not been unfair ?

 

Andy

[lovetobake]

Sorry Andy, not sure what you mean

[dx100uk]

your IRL complaint and the court claim are 2 sep things.

one is against the original creditors.

the other is against lantern.

 

the former is not a defence for the latter 

[lovetobake]

ok dx100uk I see what your saying.

 

Seeing as they have sent the CCA, doesnt really leave me anything as a defence

 

I have read though that irresponsible lending can be classed as unfair relationship and unfair relationship can be used as a defence.

 

Andy, sorry I get your comment now.  Took a while for the penny to drop!

[dx100uk]

so what did 118 say about your IRL complaint when you rang them?

[lovetobake]

I didnt ring them dx100uk, I sent them an email attaching the original letter i sent but they have not replied.  Trouble is, my defence needs to be in this week.

 

[dx100uk]

GGGrr…….. ring tomorrow and find out what is going on....

IF they have upheld your complaint then there is no loan for MMF [lantern] to litigate against.

[lovetobake]

Phoned them and they said that they never received any letter from me!

[lovetobake]

Is anyone able to comment on the CCA sent to me and posted in post 6 as to whether they think they can use it?

I need to file my defence by Friday.

Thank you

[dx100uk]

send a new IRL complaint today