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Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

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  • #16
    Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

    Sorry I asking the wrong questions I need a route to take on this, do I wait for the Assest to get back to me with paper work or do I start thinking about my den fence, do I continue with the Affordability Complain along side the Court Case proceedings? any help with this one will help.

    Comment


    • #17
      Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

      At the moment with regards the court case you have acknowledged the claim, sent a CCA request, CPR 31.14 request, and a Part 18 request ? You can now be forming your defence ready to put in before the deadline ( 33 days from the date of issue printed on the claim form ).

      You've put in the affordability complaint to the original creditor. You can use elements of that in your defence of the court claim as well, however until anyone supplies any documents it will only be a mention of unfair relationship that could be expanded upon later if needed.

      Start point for the defence at the moment can be found here -> Example Defence

      If any documents do come back from the claimant or the solicitors let us know.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #18
        Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

        Hi It's been a few more days and still nothing from the claimant. My defence is due in just over a week on 1st Sept 2017 I have done a draft defense what do guys think or can I add about the failing to respond to part 18 request as well.

        The Defendant received the claim ***from the Northampton county court on the 3rd August 2017

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

        3: This appears to be for a pay day loan agreement regulated under the consumer credit Act 1974. The Claimant states the claim relates to a loan account 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.

        4. 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.

        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. The Claimants statement of case states that the account was assigned from the Lending Stream 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.

        7. 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.

        8: On the 7th August 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.

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

        10. On the 7th August 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.

        11. 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.

        12: The Defendant has asked the Claimant if the proceedings could be suspended pending resolution of a complaint I have outstanding with the Original Creditor under the FCA rule CONC 7.14.1: (1). There has been no response to this request.

        13. 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.

        14. 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.

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

        16. 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 Defense are true.
        Last edited by EXC; 22nd August 2017, 17:14:PM. Reason: Text formatted for easier reading.

        Comment


        • #19
          Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

          can somebody tell me how to delete the last post please having trouble sorry about this

          Comment


          • #20
            Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

            Hi It's been a few more days and still nothing from the claimant. My defence is due in just over a week on 1st Sept 2017 I have done a draft defense what do guys think or can I add about the failing to respond to part 18 request as well

            Comment


            • #21
              Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

              I'll give [MENTION=6]Amethyst[/MENTION] a shout for you.

              Comment


              • #22
                Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                Can you post your part 18 request up pls to see if it wants including - also I may be being blind, but I can't see how much the claim is for.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #23
                  Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                  The amount on the POC says its £616.04 with interests its £646.56 in the court claim box on the form.

                  This the letter I sent them on the 7th Aug


                  CPR18 Preliminary Request for further information / clarification


                  On the 3rd August 2017, I received the Claim Form in this case issued by you out of the Northampton County Court.

                  I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

                  Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

                  Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy please accept this request by way of Service upon You:

                  1.The contract, including the specific Terms at the point the alleged contract was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

                  2.The deed of assignment or
                  3.The deed of Novation
                  4.The notice of assignment
                  5.The default warning letter
                  6.The default notice

                  7. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £616.04 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

                  8. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination. You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

                  If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

                  Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

                  Yours faithfully

                  Comment


                  • #24
                    Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                    I'll give [MENTION=6]Amethyst[/MENTION] a shout.

                    Comment


                    • #25
                      Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                      Can I do the n244 form later after defence when I get my Directions Questionnaire is that right? For no paperwork from Claiment

                      Comment


                      • #26
                        Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                        Any help will be appreciated for question post 23 and 25. Thanks

                        Comment


                        • #27
                          Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                          I just had this e-mail come through today before my denfence on the 1st September what are do I make of it??? Can anyone help me on this feeling confused.



                          Re: County Court Judgment*

                          Customer Reference:*xxxxx
                          Original Creditor*The Lending Stream*
                          Outstanding Balance:£706.56 (Includes Court Fees & Interest)*

                          Dear xxxx

                          As you have failed to complete the relevant paperwork documents enclosed within the Claim Pack, we have requested that a County Court Judgment be registered against yourself. Subsequently, the County Court will write out to confirm a County Court Judgment has been entered.*

                          A County Court Judgment will be entered on your credit record at the Register of Judgments, Orders and Fines and will remain there for six years. This record can seriously affect your ability to obtain a mortgage, credit card, bank account and even a mobile phone contract in the future.*

                          In order to get the County Court Judgment removed from your credit record, you must pay the outstanding balance in full within 30 days from the date of the paperwork aforementioned above. In turn, we will notify the County Court that the account balance has been paid in full and they will remove the County Court Judgment from your credit record. Note, this can take up to 28 days for the courts to do this.*

                          There are lots of ways you can make payments, pick the one most convenient for you:*

                          Paying By The Phone*
                          Contact one of our friendly team on 0330 808 1585 who are available Monday to Thursday 8:30am to 7:00pm and Friday 8:30am to 5.30pm.*

                          Paying At The Bank*
                          Please find below the Asset Collections & Investigation banking details:*

                          Bank Name:*Barclays Bank*
                          Account Name:*Asset Collections & Investigation*
                          Account Number:*70624772*
                          Sort Code:*20-33-70*
                          Customer Reference:*251865 (THIS MUST BE QUOTED)*

                          Paying By The Post*
                          You can send us a cheque payable to:*

                          Asset Collections & Investigation*
                          PO BOX 1333*
                          Whitehills Business Park*
                          Blackpool, Lancashire*
                          FY1 9JU*

                          Please clearly write your Asset Collections & Investigation reference number 251865 on the reverse of your payment.*

                          If you pay the account balance in full after the 30 days the judgment will remain on your credit record for the next 6 years and will be marked as ‘Satisfied’.*

                          If you are not in a position to pay the account balance in full, we ask that you contact our Litigation Department on 0330 808 1585 within the next 7 days to look at setting up a payment arrangement. Failure to contact us could result in further enforcement action of the County Court Judgment.*

                          Our opening hours are Monday to Thursday 8:30am to 7:00pm and Friday 8:30am to 5.30pm.*

                          Kind Regards,*

                          Asset Collections & Investigations*

                          *

                          Comment


                          • #28
                            Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                            Morning xx Having a read back
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                              Okay, bit cheeky of them to send that letter before you have passed the date for filing your defence. You said in the first post that you acknowledged the claim so that's fine, and issues date was 1st August so you're fine date wise. Either the claimant is on autopilot and just assuming you're one of the 87% of defendants who just ignore the court claim .... or they're trying to mislead you into failing to put in a defence assuming you've done something wrong and already lost. If you are concerned at all a call to the court today just to check your acknowledgement went through okay would be a good plan.

                              Either way keep that letter it can go in your witness statement later.

                              So to your defence.... having a read through of that now.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Re: Court Claim - Asset Collections & Investigations / Lending Stream - 1-8-2017

                                Okay. I have made a couple of amendments.
                                For now I have taken this out
                                11: The Defendant has asked the Claimant if the proceedings could be suspended pending resolution of a complaint I have outstanding with the Original Creditor under the FCA rule CONC 7.14.1: (1). There has been no response to this request.
                                Thinking how to word that so it isn't contrary to the rest of the pleadings, which basically say 'I know nothing about this debt', so having an ongoing complaint with the original creditor draws doubt on that. I'm worried the court could just stay things on the basis of waiting for that complaint - which is really an entirely separate issue to the claim, so I'm thinking take it back to basic request for information for the moment. eg

                                Following receipt of the claim in this case, the Defendant has contacted the original Creditor 'Lending Stream' and asked for more information about the alleged debt. I have informed the Claimant that I have done this. To date I have not had a response from ' Lending Stream'.
                                and I think I'd put it in around paragraph 4/5 with the other 'requested info' paragraphs.

                                And yes I think we'll just leave the Part 18 request out. It's not really valid, as part 18 is only for fast track claims, and should be formed as questions, as opposed to requests for documents, if they bring it up later that's fine, it's not fatal, and does show you have asked for more info in multiple ways.

                                I've removed 'pay day' from paragraph 3. Just because some Judges can be arses, and it can intimate it's outside the CCA as a short term loan etc. So no point planting doubt ( again lol )


                                The Defendant received the claim *** from the Northampton county court on the 3rd August 2017.

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

                                3: This appears to be for a loan agreement regulated under the Consumer Credit Act 1974. The Claimant states the claim relates to a loan account orginally held with ' Lending Stream' 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. The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.

                                4. It is denied that the Defendant failed to respond to the Claimant. 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 and has failed to comply with the pre-action protocols.

                                5. The Claimants statement of case states that the account was assigned from the Lending Stream 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 7th August 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 7th August 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 defense, and would ask that the Claimants bear the costs of the amendment.

                                14. It is denied that the Claimant is entitled to the relief as claimed or at all.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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