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Court Claim - Asset Collection / LS - 16-10-2017

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  • #46
    Re: Court Claim - Asset Collection / LS - 16-10-2017

    Hi All. is there any issue from my defence? as I do not understand the latest debate.

    Comment


    • #47
      Re: Court Claim - Asset Collection / LS - 16-10-2017

      No, your defence is fine, we're just rambling xxx
      #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


      • #48
        Re: Court Claim - Asset Collection / LS - 16-10-2017

        The defence, with the amendments looks good. A crucial point ( IMO) is that you have asked them to evidence they have the right to bring the claim. The ONLY way they can do this ( again IMO) is by producing the Deed of assignment- but those arguments come later down the line , if and when you get to writing a Witness Statement

        Comment


        • #49
          Re: Court Claim - Asset Collection / LS - 16-10-2017

          Originally posted by Amethyst View Post
          s136 LOP ? or not? although generally in consumer credit the assignor gives the assignee permission to write on behalf of the assignor, but it still needs to come from the assignor ( even if the assignee writes in, prints it on assignor paper and posts it themselves - doesn't seem right to me as any old sod could do that but there we are - that's why the deed of assignment is required if there's any doubt over actuality of the assignment IMO ) CONC 6.5 says assignee need to send notice ( takes over 82a of CCA I think ) so I'm probably thinking evidentially rather than legislation tbh.
          Don't want to take this off thread but actually CONC 6.5 says the assignee must arrange for a notice of assignment to be served. There is nothing about it being on headed paper or anything similar. AFAIK the received wisdom is that either party can issue a NOA although it is often the case that a 'goodbye' and 'hello' letter , both effectively saying the same thing arrive in the same envelope.

          The key, as far as i am concerned is to ensure you ask for details of assignment within the defence and then expand on that in the WS asking for the Deed and quoting Lord Denning's ruling etc as the precedent. I am not sure how a lower court can refuse a properly argued case on assignment without leaving themselves wide open to an appeal. Even the LPA is not explicit about any notice of assignment apart from the debtor should be informed

          [MENTION=108407]DOS[/MENTION] just get your defence in with the amendments as suggested

          Sorry if it has confused you but I felt it important that you (and others who read it) did not think a lack of a NOA was the OC could be fatal for a claim

          Comment


          • #50
            Re: Court Claim - Asset Collection / LS - 16-10-2017

            Hi All,
            I have received a notice of proposed allocation to the small claims track. what this means?

            Important notice
            if you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment.

            TAKE NOTICE THAT
            1. This is now a defended claim. The defendant has filed a defence.

            2. it appears that this case is suitable for allocation to the small claims track. if you believe that this track is not appropriate track for the claim, you must complete box C1 on the small claims Directions questionnaire (formN180) and explain why.

            3. you must by (date) complete the small claims Directions questionnaire (formN180) and file it with the court office and serve copies on all other parties

            Comment


            • #51
              Re: Court Claim - Asset Collection / LS - 16-10-2017

              All good, and standard procedure.

              Did you get a copy of the N180 form with the Notice ? You will need to complete that and return it to the court and send a copy to the claimant.
              #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


              • #52
                Re: Court Claim - Asset Collection / LS - 16-10-2017

                yes, I did get a Direction questionnaire form asking me the following which I need help on:

                1) if I agree to this case being referred to the small claims mediation Service? (to give details if all parties agree to mediation. my details will be passed on to the small claims mediation who will contact me)

                2) at which county court hearing centre would you prefer the small claims hearing to take place and why?

                3) are you asking for the court permission to use the written evidence of an expert?

                and once completed I should sign and return to the address on form N149A

                can you help as to how I should answer these?

                there is also another form asking if I would like to settle my case without going to court? with details of information etc etc.

                Comment


                • #53
                  Re: Court Claim - Asset Collection / LS - 16-10-2017

                  Originally posted by DOS View Post
                  yes, I did get a Direction questionnaire form asking me the following which I need help on:

                  1) if I agree to this case being referred to the small claims mediation Service? (to give details if all parties agree to mediation. my details will be passed on to the small claims mediation who will contact me)

                  2) at which county court hearing centre would you prefer the small claims hearing to take place and why?

                  3) are you asking for the court permission to use the written evidence of an expert?

                  and once completed I should sign and return to the address on form N149A

                  can you help as to how I should answer these?

                  there is also another form asking if I would like to settle my case without going to court? with details of information etc etc.
                  Hey, Can someone throw light on these please?

                  Comment


                  • #54
                    Re: Court Claim - Asset Collection / LS - 16-10-2017

                    You just fill it in.

                    I suggest you request a hearing at a local court to you for a "justifiable" reason.

                    Offer mediation but if Asset Collections have not supplied you with the documents you require then write a letter to the court saying mediation is pretty pointless because you are not in a position to submit a proper defence until they do. (do not send asset the letter) but send them copies of the forms as directed by the court.

                    This is the point I was at a few months back. The court wrote to asset & gave them 28 days to supply full details of the account. They didnt supply & their claim got struck out.

                    I won

                    Oh by the way Asset Collections have a registered office in London. Do not be put off by this because they actually operate from Lanarkshire in Scotland.

                    I dont think they would turn up to court in the south east with a dodgy claim.
                    Last edited by GBExile; 24th November 2017, 12:13:PM.

                    Comment


                    • #55
                      Re: Court Claim - Asset Collection / LS - 16-10-2017

                      Thanks. Do you mean I should sent asset a copy of my completed form or a blank form.

                      also when should I send a letter to the court for a strike out?

                      Comment


                      • #56
                        Re: Court Claim - Asset Collection / LS - 16-10-2017

                        Copies of completed forms to the claimant & to the court.

                        Letter to the court.

                        Address of the court is on the forms.

                        Comment


                        • #57
                          Re: Court Claim - Asset Collection / LS - 16-10-2017

                          GOOD. when should I send a letter to the court for strike out?

                          Comment


                          • #58
                            Re: Court Claim - Asset Collection / LS - 16-10-2017

                            Hi Guys, Its been a while. Just to let you know that the mediation fails and asset has since not replied to my documents requested for my defence.

                            would like to know if it is right to write the court to request asset to supply me those doc or strike the case out as I don't have a doc to defence.

                            your response will be greatly helpful!

                            Comment


                            • #59
                              Re: Court Claim - Asset Collection / LS - 16-10-2017

                              Originally posted by DOS View Post
                              Hi Guys, Its been a while. Just to let you know that the mediation fails and asset has since not replied to my documents requested for my defence.

                              would like to know if it is right to write the court to request asset to supply me those doc or strike the case out as I don't have a doc to defence.

                              your response will be greatly helpful!

                              Write to the court & ask the judge to strike if they havent produced before 6 weeks & the judge may decide to give them a deadline

                              Comment


                              • #60
                                Re: Court Claim - Asset Collection / LS - 16-10-2017

                                many thanks. is there a guidance letter for that in this forum

                                Comment

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