Perch/TM Letter of Claim now claimform - old Avant Credit PDL

[dx100uk]

to the sols then

[Andyorch]

Quote

CPR and CCA in same envelope save a stamp?

 

 CPR 31.14 to Solicitor CCA to Claimant unless they are one and the same.

[disneygirl]

Hi

CCA and CPR 31:14 posted today

now to read up on Perch TM Avant etc and wait for replies

 

[dx100uk]

But you don't ever miss defence filing date ... 

 

Dx

[disneygirl]

thank you for reminder

if my math is correct: issue date 20-07-2022

          plus 33 days defence date 21-08-2022 latest

which is a Sunday

[dx100uk]

What does it say in the sticky about the calc? Re: W/ends?

[disneygirl]

1.apologies so therefore next working day by 4pm which is 22nd

 

2.original creditor was only ever contacted by email and or web site (part of the green initiative)

   no post received from OC despite them having address.

   now claimants sols are using email texts and phone calls in attempt to contact.
   in previous letters to them 19-12-2021 I added a line at the end stating "All communications by letter only please."

   managed to block phone number but cannot block emails on gmail.

   any advice?

   ty

[dx100uk]

yes you can but thats not the point

send another email stating email is not to be used for any of our mutual business concerning claim xxxx

 

now go read the sticky properly

if you file on the monday you will be LATE court closes 4pm FRIDAYS.

[disneygirl]

Hi time for update

Posted mail

27-07-2022 CCA to Claimant to post recorded 

inc £1 P/O unsigned uncrossed 

 

27-07-2022 CPR 31:14 to sols post recorded

 

Yes I know no need for recorded but I like to have proof

mail Received

 

28-07-2022 Claimant Redirection in place - item forwarded

 

28-07-2022 CPR 31:14 to sols received and signed for

Presume redirection is to claimants sols?

 

04-08-2022 bothered by sols emailing again despite telling them in a letter 04-01-2022 to use post only

So as per dx advice replied to email using near enough his words reinforcing the point post only.

 

Will ensure I comply with posting defence by 4pm 19-08-2022.

 

Thank you for the rebuke dx, sometimes I need it.

[disneygirl]

evening all

first attempt at defence, please feel free to tear it apart with criticism, preferably constructive.

 

1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********

 

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.

 

3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

 

 

Note: The above is paragraphed by the Defendant.

 

 

Defence based on prior communication when no response to request for documents.

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

(v)	where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom;

 

 

1. The Claimant claims 1739.60 is owed under a regulated loan agreement with AvantCredit. The Claimant’s Particulars of Claim fail to state when the agreement was entered into. I do not recall the precise details or agreement. I have sought verification on 04-01-2022 and on 26-07-2022 by recorded delivery from the claimant, and the claimants solicitor, by way of a Section 77 and CPR 31.14 request who at this date are yet to fully comply.

 

2. Para 2 is noted. The Claimant has failed to provide a complete set of statements detailing exactly how the debt has accrued including but not restricted to, all transactions, any additional charges, be them by the original creditor, or the debt purchaser, or any predecessor Debt Collection Agency. Details of all contractual interest added by whom and on what date and a list of all Payments made towards the Agreement.

 

3. Paragraph 3 is denied. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law of Property Act 1925, allegedly served on the defendant, from either the Claimant and or AvantCredit.

 

4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 77 request and remain in default with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim.

 

5. It is therefore denied with regards to the Defendant owing any monies 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

I know its not due yet, but I hope I have it somewhere near right.

 

T

[dx100uk]

they cant default on a CPR its a request they dont have to reply.

 

not sure where you've got your para 2 from either. not here.

 

 

[disneygirl]

Hi dx

thanks for comments will sort it out

T

[disneygirl]

2nd attempt at defence. if nothing else I am stubborn.

 

1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********

 

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.

 

3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

 

 

Note: The above is paragraphed by the Defendant.

 

 

Defence based on prior communication when no response to request for documents.

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

1. The Claimant claims 1739.60 is owed under an unsecured loan agreement with AvantCredit. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 77 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 04-01-2022 and on 26-07-2022 by recorded delivery and is in breach of the section 77 request.

 

2. Paragraph 3 is denied. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law of Property Act 1925, allegedly served on the defendant, from either the Claimant and or AvantCredit.

 

3. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 77 request and remain in default (and with regards to my CPR 31.14 request). The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim. Remove between the brackets?? or leave

 

4. Therefore 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; and

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

as always thanks for all the help

T

[dx100uk]

In post 1, it states the reason why you started this thread...you said you got a letter of claim?

 

Dx

[disneygirl]

hi dx

yes I did receive a letter of claim.

but the details shown below in bold are not contained within the l.o.c

therefore is it a l.o.c under PAPDC?

 

extract from PRE-ACTION PROTOCOL FOR DEBT CLAIMS

3 INITIAL INFORMATION TO BE PROVIDED BY THE CREDITOR 3.1 The creditor should send a Letter of Claim to the debtor before proceedings are started. The Letter of Claim should –

(a) contain the following information –

(i) the amount of the debt;

(ii) whether interest or other charges are continuing

(iii) where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed;

(iv) where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor;

(v) where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom;

Edited August 10, 2022 by disneygirl
to adjust text

[dx100uk]

immaterial

 

the claim is not about if the PAPLOC met requirements. judge wont give a flying...

 

just file our std loan defence...

 

example Defence

 

 1.The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

 2. Paragraph x is noted and accepted I have in the past had financial dealings with [insert Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.

 

 3. Paragraph x is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or [Original Creditor]

 

 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, 
 the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date xxxxx ,and the claimant remains in default of my section 7*  request, dated xxxxxx

 

therefore 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; and
 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. 

 To date the Claimant has failed to comply to my section 7* request and their solicitors, [name them], likewise 

 

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

 

 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

..check and edit to suit.

 

 

 

 

 

 

[disneygirl]

hi dx thanks once again for correcting me

I suppose after reading so much I am getting bogged down in the details that do not matter

 

T

[Andyorch]

No reference to how and when the agreement was breached from the claimant or response from yourself ....did they not serve a default notice.....yet they provided notices of sums in arrears. Sec 86b ?

 

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured. 

[disneygirl]

Hi Andy

Contact with OC was only ever through email, setup notifications etc after postal delivery of a flyer.

I have trawled through emails and all I can find are the following:

Annual Statements – [1] -08-2016 [1] 09-2016 (alteration to 08-2016) and [1] 2017

Notice of Sums in Arrears – [1] 2016 and [1] 2017

Default Sum Notice – [1] 2017

quote from email

“The payment of £xxx was due on xxxxx 2017. As this payment is now overdue, we have

charged a £12.00 late fee (Default Sum). This £12 is the total of all Default Sums included in this

notice. This Default Sum became payable on xxxxxx 2017.”

 

No default notice.

No notice of assignment.

For confirmation they have my full name and postal address.

[disneygirl]

damn re post 26

annual statements disregard "alteration to 08-2016"

should have been notice of sums in arrears "plus 1 in 2016 as alteration."

sorry

[disneygirl]

thanks dx hope this reads better

POC

1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********

 

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.

 

3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

 

Note: The above is paragraphed by the Defendant as Claimant could not be bothered.

 

 1.The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with AvantCredit.

I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.

 

 3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.

 

 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, 
 the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date 26-07-2022 (recorded delivery), and the claimant remains in default of my section 77  request, dated 26-07-2022 (recorded delivery).

 

Therefore 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; and
 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. 

 To date the Claimant has failed to comply to my section 77 request and their solicitors, TM Legal Services, likewise. 

 

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

 

 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

[disneygirl]

Hi

Will work on another defence tomorrow, not sure if post 46 flows right.

T

[dx100uk]

default notice line missing 4 d

[disneygirl]

thanks dx

[disneygirl]

POC

 

1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********

 

2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.

 

3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

 

Note: The above is paragraphed by the Defendant as Claimant could not be bothered.

 

Defence

 

 1.The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with AvantCredit.

I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.

 

 3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.

 

 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, 

 

Therefore 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; and
 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; and

(d) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

 

 5. On receipt of the claim i sent a section 77 request under the consumer credit act to the claimant for a copy of the Signed Original Agreement and by way of a CPR 31:14 request to TM Legal Solicitors requested copies of all other documents referred to within their particulars of claim, both by Royal Mail recorded delivery.

 

To Date, the claimant remains in default of my CCA section 77 request & TM legal have failed to reply to my CPR 31.14 request further frustrating my enquiries to establish what the claim is actually concerning. 

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

 

 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

once again many thanks for your hard work and guidance dx