** WON ** asset collection & investigations vs IMNOTPAYINGYOU

[Imnotpayingyou]

Received a claim? Yes
Issue Date: 19-12-2017
Amount approx: 365.00
Claimant: asset collection & investigation
Solicitor: c mcginley
Original Credit: lending stream

Particulars of Claim:
asset collections & investigation claim this amount in respect of an unpaid loan funded by Smart pig. The defendant failed to abide by the terms of the contract. Asset collections & investigation purchased this debt from smart pig and subsequently sent a notice of assignment to the defendant to advise. The defendant has either failed to respond to the claimant or maintain a regular payment arrangement, thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion. The claimant claims interest under section 69 of the country court acts 1984 at the rate of 8% a year from 11/08/2017 to 18/12/2017 on £320.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.07

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
There is a lot of background with lending stream and the comments i didn't reply to asset management are completely false and i have written proof to show they received my communication and they did not reply me to bring this to a amicable end

But the loan was actually from lending stream and on the claim they have wrote Smart pig ? Is there anyway to get this thrown out of the court just for that and maybe make some claim back some money from them for them wasting my time ?

At the time I had loans from about 10 payday loan lenders

Thank you all in advance for your help

[Debt Camel]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Did you receive a Letter before Action/Claim before this Court Claim arrived? Did that say Lending Stream or Smart Pig?

Your other payday loans - have you looked into making affordability complaints about them? See https://debtcamel.co.uk/payday-loan-refunds/

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi Debt Camel

Yes I did receive the before Action letter/claim and it stated Lending Stream.

The other Payday loans companies I have made complaints , one paid me back all interest i had paid on the loans that I had taken out from them and the others just said it was affordable and I haven't ever heard back from them.

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Any more advice on this anyone ? Can i get it thrown out of court or do anything else ?

Thanks

[Amethyst]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi, you should follow the first steps - you have already acknowledged the claim, but send a CCA request and a CPR 31,14 request for documents - ask for the agreement between yourself and smart pig http://legalbeagles.info/library/gui...y-court-claim/

Smart-Pig.com is a trading style of FCL Consumer Finance Ltd. Copyright © 2016 FCL.
so not Lending Stream at all. Seems someone has burgered up their claim particulars by using the wrong template.

Applying to strike out the claim will cost you £255 in court fees and you may not be able to recoup that if you didn't succeed in the strike - most likely is they'd be ordered to amend their particulars of claim. So firstly I'd send the CCA and CPR requests naming smartpig as original creditor as they have done, and if they then respond saying it's not smart pig but lending stream, then invite them to apply to amend their particulars ( so they'd have to pay the application fee and may well just decide it's not worth the effort )

I'd keep it simple to begin with though. When you come to defend, if no response to your cpr or cca requests you can obviously defend on the grounds that you have never had any loan with smart pig ( as well as their non compliance )

What were the original issues you had with lending stream btw - and would they assist in defending the claim should all the documentation and claim get sorted out by asset ?

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi ,

Thank you very much for your reply and advise

Wow, I would have to pay £255 to get that struck out.

I am going to send off the CCA & CPR requests naming smart-pig as the creditor as you have advised and I wait for the response. I have looked on royal mail website and it costs around £1.66 to send a tracked letter which I will do so I have proof of posting the letter. Then I guess I will have to wait for the response from them.

My original issue with lending stream was that they gave me the loan at a time I already had multiple other loans (The loan from them was the last loan i took out), I requested many times a copy of the checks they did on me ( like credit checks etc) but they simply would not give it to me and told me that it was. I told them I would not pay them and they should write this off.

I also wrote to Asset management the first time they contacted me telling them I didn't owe them money etc and for them to send me proof , they did not reply to that email until 3 months later (a week before sending me this court claim) saying we are too busy at the moment to reply to your email please phone us to discuss this. Can I use that as it shows they have not tried to resolve this amicably with me as stated in the particulars and also they lied as they are not busy as they had time to take me to court but no time to resolve this/ send me proof ( unethical debt collecting practices) ?

[warwick65]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi
The cost of a strike out ( or other court fees) is means tested so based on your income , however, like many things over the last many years, the thresholds for income has not increased with either wages or inflation https://www.gov.uk/get-help-with-court-fees

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi All

Hope you all had a good break and New Year

I have sent off the CCA and CPR forms Today

I just want to know when I have to put my defence in by just encase I do not get a reply from the claimant ?

The date on my Claim form is 19/12/2017 but obviously their is a lot of non working days in between, so am not too sure what kind of timescale i have left

Thanks

[Amethyst]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Due in before Sunday, 21 January 2018

( It's calendar days not working days, and they allow 5 for service - so it's issue date plus 33 days ) - https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Thank you for clearing that up for me Amethyst and have put Sunday 21st 2018 in my calendar !

I have received 2 emails since sending my CPA / CPR 31,14 from Asset collection & Investigation

The first email said If i paid in full they would inform the court and this would remove the judgment.

I got another email yesterday morning literally less than 24 hours after the first email saying they would give me a a 10% discount on the total payment or agree into a 12 month payment plan. Then it said although once applied the county court judgment will be active, but we will cease enforcement of the CCJ as long as the payment plan is adhered to.

Is this normal for them to be sending daily emails after starting legal action ?

[DOS]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Just don't worry about those emails and do not respond to them. follow the steps stated in your tread and it will go down to mediation and court hearing.

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Thanks for the advice

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi , It is the last working day today before i have to put my defense in . I still have not had any reply to the CPA and CPR letters I sent to them.
They have also not addressed the wrong particulars. Can anyone help with the defense

Thanks

[warwick65]

Re: asset collection & investigations vs IMNOTPAYINGYOU

As your defence is due in on Sunday (according to Amethyst's calculation you actually have till 4pm on Monday.

Did you make a complaint about irresponsible lending [MENTION=48934]Debt Camel[/MENTION]

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi

Yes i did make a complaint about irresponsible lending but that was to Lending stream and not Smart pig .