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Thread: Help! Claim form Asset Investigation/lending stream

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  1. #51
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Yes I am. Keeps saying it's not right

  2. #52
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    Default Re: Help! Claim form Asset Investigation/lending stream

    I don’t know my MC customer number - how can I locate this?If you are able to access your MCOL account, you can find your MC number by clicking ‘Editregistered details’ on the top right hand corner of the screen. If you cannot access your MCOL accountand require the MC number to complete an ID or password reset, then please email the court yourname, address, postcode and email address. Court staff will try to recover your MC number and willinform you if / when it is retrieved

    .I have forgotten my ID and password for MCOL – how can I log in?If you are unable to retrieve the forgotten information then you will not be able to access your MCOLaccount. We may be able to move your claims to a new account, please follow the guidance in theannex at the end of this document. Alternatively you will need to continue manually by correspondingwith MCOL via email or the helpdesk. You will need to quote your claim number in all emails sent tothe court. If you have not issued any claims on this account it may be easier to register again with theGateway and receive new login details

    .I am being given the error message “unable to find user – please contact the helpdesk”The error message “unable to find user – please contact the helpdesk” is generated by theGovernment Gateway when a user is trying to perform multiple password or ID resets. For securityreasons Government Gateway accounts have a restriction on frequent changes of password and userIDs. A successful password or ID reset can only be made once within a three day period. Court staffcan never reset the password or ID for you

    .I have logged into my MCOL account, but I cannot see my claims?If you are unable to see your claims on your homepage, please ensure you scroll right to the bottom ofthe page as the claim menu is located here and this is where your claims are shown.If there are no claims in the account, then it could be that you have registered more than once and arelooking in the wrong account. If so, you will need to log out of that account, and log back into MCOLusing the Gateway ID and Password you set up which relates to the claim you have issued.
    Last edited by jon34; 9th June 2017 at 18:16:PM. Reason: increase spacing

  3. #53
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Just double and tripple check that you are using the correct user I.D and password

  4. #54
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Thank you. Really appreciate that.

  5. #55
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Your welcome

  6. #56
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    Default Re: Help! Claim form Asset Investigation/lending stream

    How did you get on. Did you manage to get back on moneyclaim online ?

  7. #57
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    Default Re: Help! Claim form Asset Investigation/lending stream

    If you're having problems with MCOL, you can email your defence to the court or send via land mail (allow min 2 days for post & send SignedFor).
    The layout should be similar to

    Copy/paste & sign the Statement of truth.
    Email ccbcaq@hmcts.gsi.gov.uk - put (Asset) v (Bettyregrets) Claim no (XXXXXXXX) in subject box & 'defence attached' in main body of email.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  8. #58
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Quote Originally Posted by charitynjw View Post
    If you're having problems with MCOL, you can email your defence to the court or send via land mail (allow min 2 days for post & send SignedFor).
    The layout should be similar to

    Copy/paste & sign the Statement of truth.
    Email ccbcaq@hmcts.gsi.gov.uk - put (Asset) v (Bettyregrets) Claim no (XXXXXXXX) in subject box & 'defence attached' in main body of email.

    Hi Charitynjw, Would there be any mileage in introducing, in the defence, that there is sufficent doubt that asset collections hold legal title to the assignment to this alleged debt. And that they are put to strict proof of this by Production of the actual deed of assignment.

  9. #59
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Thank you both. Really helpful. Afraid I didn't get the chance to try MCOL yesterday but will do so today if possible. I haven't had a response to my CCA request which I sent 2 weeks ago. Only sent CPR and DPA last week

  10. #60
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    Default Re: Help! Claim form Asset Investigation/lending stream

    I would refer to this non compliance when you draft your defence.

  11. #61
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Thanks will do. Can't log into MCOL it's just saying user not known. I'll send the defence by email. If the claim date was 25 May I've got until the end of June haven't I?

  12. #62
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Claim responses & directions:
    ccbcaq@hmcts.gsi.gov.uk

  13. #63
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Thank you

  14. #64
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    Default Re: Help! Claim form Asset Investigation/lending stream

    If the claim date was 25 May I've got until the 27th of June haven't I?
    Ifypfy
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  15. #65
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    Default Re: Help! Claim form Asset Investigation/lending stream

    send any defence day before then they have no time to trash your defence when they have to resond

  16. #66
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Good point

  17. #67
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Please can anyone let me know if this will be ok for a defence. I will use the format above.

    The Defendant received the claim xxxxx from the Northampton County Court on 29th May 2017

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

    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 with xx 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 Claimant's statement of case implies that the account was assigned from the Original Creditor to the Claimant on 21st June 2016. 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 6th June 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 30th May 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 defence, 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 Defence are true.

  18. #68
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Hi Bettyregrets,

    In the particulars of claim did Asset Collections & Investigations promise to send you a detailed claim within 14 days of service, and if so did they keep their promise?

  19. #69
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Hi. No they didn't and I have heard nothing further from them despite CCA and CPR requests

  20. #70
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    Default Re: Help! Claim form Asset Investigation/lending stream

    I have received a similar claim from asset and just found this forum ,which has been very helpful. Thank you all. My case is slightly easier as I never entered into a contract with Lending Stream and as such there was no debt owed or breach of any contract terms. My details were used for fraudulent purposes and my bank cleared this up. I am in the process of drafting my Defence.Could it be argued that in this instance the Defendant's have no cause of action .

    Has anyone made any offers to the Defendants to discontinue. I think that would be a good tactic especially after a strong defence.

  21. #71
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    Default Re: Help! Claim form Asset Investigation/lending stream

    I have asked them to put the proceedings on hold as I have an outstanding complaint with LS which is with the Financial Services Ombudsman but of course no reply. In your case if your bank has proved that there has been fraud then surely their claim will be struck out?

  22. #72
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Well I have had a response from LS eventually but only once the Ombudsman got involved. They have offered to write off another loan I have with them but insist that they carried out affordability checks etc. This is fine but the debt I'm defending is now out of their hands. Does this help or destroy my case? Any advice gratefully appreciated

  23. #73
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Quote Originally Posted by Bettyregrets View Post
    Well I have had a response from LS eventually but only once the Ombudsman got involved. They have offered to write off another loan I have with them but insist that they carried out affordability checks etc. This is fine but the debt I'm defending is now out of their hands. Does this help or destroy my case? Any advice gratefully appreciated
    IMO I don't think that it would be detrimental to your defence. If anything it could very well strengthen your Defence if you have mentioned IR lending/ unfair relationship as part of your defence. However I would await further input from the more experienced members on this site.

    I would indeed question whether Asset Collections Actually have the full legal Assignment of this alleged debt under Sec, 136 of the law of property act 1925.

    They may well have produced a Notice of Assignment, but that's all it is A notice, not a legal document of ownership of a debt. The only way to verify this is by way of Deed of Assignment.

    These Debt purchase companies are all well and good moaning that the Deed of Assignment is a commercially sensitive Document, well, that may be the case for pre court action, However once they have instigated court action Then they should be put to strict proof that they are available and produce them at the final Hearing.

    I am of the opinion( That these so called Deeds of Assignment) are not so much commercially sensitve, but are not legaly enacted, and these companies hide behind the sensitivity issue. " This is just my opinion".

    However I will say this in respect of Notice of Assignments and this should give you food for thought.

    " I had a pay day loan with Wonga. In 2014 I received a goodbye letter from wonga informing me that they had sold and legaly assigned this to Mackenzie Hall. I also received a letter from Mackenzie Hall stating that They were the new legal owners with all rights and title from wonga.

    I totaly ignored all letters from Mackenzie Hall. Then in late 2015 after the Big Investigation By the F.C.A into pay day lending of which wonga was the focus of at the time. I received both an email and letter from wonga that they will cancel the debt and remove all adverse information from my credit files, which they did.

    Now. Here is the open question????

    Why did wonga if, as they claimed they sold all their legal title and right to Mack Hall do this ????

    you have to ask the question? Did they legally sell it ? and if they did, did macenzie hall sell it back to wonga ?? they must have if they were the legal owners.


    Makes you think If it was Really legally assigned
    @nemisis @dianna @Warwick
    Last edited by jon34; 28th June 2017 at 12:30:PM.

  24. #74
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    Default Re: Help! Claim form Asset Investigation/lending stream

    That's very interesting. I have still received nothing from Asset. I got my court forms through yesterday and I'm going to tick mediation because I don't think I can go to court. Of course I will if I have to but praying there's a way out of this

  25. #75
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    Default Re: Help! Claim form Asset Investigation/lending stream

    Quote Originally Posted by Bettyregrets View Post
    That's very interesting. I have still received nothing from Asset. I got my court forms through yesterday and I'm going to tick mediation because I don't think I can go to court. Of course I will if I have to but praying there's a way out of this
    Have you had the DQ from the court yet ?

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