*** SETTLED ** Court Claim - Asset Collections / Lending stream - 8-9-2017

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Back

Layman is good - I have tried to keep it 'normal' language anyway Once you're done pop it back up on here and I'll go through it xxx

Hi amethyst and all - hope you're having a lovely weekend.

i just wondered if I can go ahead and submit this defence

hope i havent ruined your work with my extra bit

fingers crossed x

lini

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

That looks absolutely fine to me Lini Go for it.

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

eeeek ive done it! oh god wish me luck and thanks so much

i'll keep you informed xx

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

You'll be fine, it's a good step forward, and the ball is now in their court, so just let us know soon as you hear anything back from the court.

Next bit should be getting a letter from court to say they have received your defence and a copy has gone to the claimant .... normally this is a letter that says

This is now a defended claim

then a crossed out bit saying the defence is enclosed ( cause the court are cheapskates and use the same letter for both parties just crossing a bit out on your one !) lol.

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

hi all
so I've finally received a copy of my lending stream original contracts and notice of default.

As for the notice of assignment
they have sent me a photocopy of a notice of assignment with 18th October 2017 as the date!!!!

They never sent me any such thing and now they are drafting one - but forgetting to change the date the wallys

so annoyed that they are pretending that they contacted me by post when they didn't.
: (

is this common?

[jon34]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

hi all
so I've finally received a copy of my lending stream original contracts and notice of default.

As for the notice of assignment
they have sent me a photocopy of a notice of assignment with 18th October 2017 as the date!!!!

They never sent me any such thing and now they are drafting one - but forgetting to change the date the wallys

so annoyed that they are pretending that they contacted me by post when they didn't.
: (

is this common?

Hello Lini

To answer your question it appears to be common, well at least in my case it is. I received 3 notice of assignments each with different dates and one of those pre dated the original credit agreement by 2 years.

Do you still have a copy of that email that went into your spam folder. If so read through it paying particular attention to

1) If there is any mention of a client reference

2) And in the body of the email if they will accept a reduced payment and their client will write off the remains of the balance.

This will prove useful if you get to the stage where you need to draft a witness statement.

With regard to the Notice of Assignment date I would cross reference this with the date on your credit report. Noddle is free to use and if you click on the account under lending stream should show the format DF DF DF DF DF DF DA, Where DA means Debt Assigned Check wheather this ties in with the notice of assignment date.

with regard to the Default Notice I can't comment as Ive not seen it but In my case mine was defective and non compliant.

[GBExile]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Jon. The notice of assignment is dated over a month after the commencement of legal action. Therefor a document that shows the plaintiff did not follow the correct procedure.

[jon34]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Jon. The notice of assignment is dated over a month after the commencement of legal action. Therefor a document that shows the plaintiff did not follow the correct procedure.

I think that it is far more reaching than that. If it's dated a month after Asset collections instigated court action then it begs the question whether they had legal title to issue the claim. But thats proberbly best reserved for the witness statement

[Lini]

Everybody - apologies for the delayed response, but I really really wanted to come on and update you - so many people put so much effort into helping me and it must be so frustrating when you never find out what actually happened especially after investing so much time into peoples situation.
So we went to mediation - they were pretty tough and not overly happy with th eoffer I made them - a total debt of £2200 (half of that interest) and they finally accepted £50 per month. Call their bluff say you cannot move on it and that's the best you can do - told them bankruptcy will be the alternative (then they'll end up with nothing much) I have an affordability claim pending regarding the underlying lender and I am waiting for the adjudicator to rule.
They refused to take my offer - I stood my ground and said - bankruptcy it is then and in the meantime...lets go to court.
they called back five minutes later - Deal done.
Thank you so much for helping me to avoid having a CCJ and understanding the process a bit better - you gave me so much more confidence and despite me contacting, charities, debt agencies and lawyers, were the ONLY people who could offer me practical advice and real examples on how to dispute this. If I hadn't found this site I would be having a very different conversation right now.
Thank you again