***** WON ***** Asset Collections/Lending Stream Court Claim

[Londonjay]

Thanks for that, and yes I sent it to both Lending stream and Asset Collections.

IN relation to the agreement date you asked about, I should keep that in yes 14/09/2010

Particulars of claim:

The claimant claims the amount in respect of an unpaid loan, regulated by the consumer credit act 1974, The loan was funded by the lending stream. The defendant has failed to make payments in accordance with the terms of the credit agreement.
The credit agreement was assigned to the claimant, upon which a notice of assignment was sent to the defendant . The defendant has eithier failed to respond to the claiment or has failed to mantian regular payments. The claiment issued a letter of claim, providing the defendant further oppurtunity to arrange repayment of the outstanding balance to no avail.
The claiment claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 20/6/16 till 30.5/18 on £431.32 and also interest at the same rate up to teh date of judgement or earlier payment at the daily rate of £0.10.


am not sure why they have stated those dates for the interest calculation when they where only assigned the debt on 2/11/17 as stated in thier letter of claim to me before the case went to the county courts

[Londonjay]

I have now received a questionnaire from the court stating that my defense has been filed. Should I fill it out send it back and wait for a court date. I still not have had a response from the claimant Asset Collections. ?

Thanks

[jaguarsuk]

I have now received a questionnaire from the court stating that my defense has been filed. Should I fill it out send it back and wait for a court date. I still not have had a response from the claimant Asset Collections. ?

Thanks

Is it N180 Directions questionnaire (Small Claims Track)?

This one: https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf

If so, complete it as follows:

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call with the solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them to hear theirs, then go back and forth throughout the hour to try to settle it.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

You will then send a copy to the court and a copy to the claimant's solicitor with a cover letter, something like:

Dear Sirs

Re: Them -v- You - Claim <<CLAIM NO>>

I write regarding the above matter in the County Court <<Money Claim or Business>> Centre.

Enclosed is a copy of my form N180 Directions questionnaire (Small Claims Track) by way of service upon you and I confirm that the same has been filed with the court.

Yours sincerely



<<YOUR NAME>>
Enc.

My handwriting is terrible and I complete them on the link I have provided then print them, but you can hand write if you prefer.

[Londonjay]

Yes that is correct. That is the one i have received. Should I fill it out and send it back stating I would like it heard at my local county court which is Wandsworth or Kingston and then wait for a court date?

[jaguarsuk]

Yes that is correct. That is the one i have received. Should I fill it out and send it back stating I would like it heard at my local county court which is Wandsworth or Kingston and then wait for a court date?

Yes, fill it in as I said in post #18 and send it back.

[Londonjay]

Hello

I have on Monday received further correspondence in relation to this case from my local county court Kingston.

It is titled " General Form of Judgement or Order"

IT IS ORDERED THAT

1. District Judge Armstrong has considered the papers in this case and has allocated it to the small claims track.

2. The parties shall send or deliver: (1) to the court and (2) each other , to arrive no later than 31 October 2018.

(a) written statements of the evidence of (a) themselves and (b) of any other witness whose evidence is relied on in support of the claim or the defence and (b) copies of any documents which they propose to rely on at the hearing. it is of utmost importance that the parties do comply with this direction. Otherwise , the claim of a claimant who has not complied may be struck out by the court or the defence and any counterclaim of a defendent who has not complied may be struck out and judgement given against them. There is also a risk that the hearing will have to be adjourned and the party who has not complied ordered to pay the wasted costs of the other parties which result from the adjournment. (NB you must as a party , prepare a statement from yourself even if you are the only person who is going to give evidence.)

Witness statements of the parties and other witnesses (which are to be typed in not less then 1.5 spaced 12 point font) should:

a) set out the case number and name at the top and then state the full name and adress of the witness
b) set out the witness evidence clearly in chronological order , using numbered paragraphs and numbered pages, referring to any documents atatched, which shall be clearly labelled with a reference no. and/or letters.
c) end with this paragraph : " I believe that the facts stated in this witness statement are true
d) at the end of the statement , be signed by the witness and dated.

3. The parties shall not be permitted to rely on any expert evidence on the hearing without the prior permission of the court.



IS THIS ESSENTIALLY THE SAME LETTER I WROTE A FEW MONTHS AGO TO THE COURTS WHICH I SENT TO THE CLAIMENT AS WELL?

SHOULD I SEND THE SAME LETTER BACK TO THE COURT AT KINGSTON AND THE CLAIMENT ?

CAN SOMEONE PLEASE ADVISE

ALSO, ALTHOUGH SENDING SEVERAL LETTERS TO THE CLAIMENT I HAVE YET TO HEAR FROM THEM ALTHOUGH THE I HAVE HAD SEVERAL LETTERS FROM THE COURT WITH REGARDS TO THE CASE

[jaguarsuk]

IS THIS ESSENTIALLY THE SAME LETTER I WROTE A FEW MONTHS AGO TO THE COURTS WHICH I SENT TO THE CLAIMENT AS WELL?

SHOULD I SEND THE SAME LETTER BACK TO THE COURT AT KINGSTON AND THE CLAIMENT ?

CAN SOMEONE PLEASE ADVISE

ALSO, ALTHOUGH SENDING SEVERAL LETTERS TO THE CLAIMENT I HAVE YET TO HEAR FROM THEM ALTHOUGH THE I HAVE HAD SEVERAL LETTERS FROM THE COURT WITH REGARDS TO THE CASE

You are being directed to file a Witness Statement.

[Amethyst]

It is different to the Defence in that it is in the 1st person and more detailed of what was done, when etc - have a mooch at the examples Jags has linked you too and ask any questions.

Has the court set a date for hearing as well, or solely the witness statement (and exhibits) order?

Are Asset acting for themselves in your case ? ( had a quick look back but can't see ). They have recently moved I believe ( someone had been trying to enforce a judgment against Asset but the bailiffs found the building empty) but tbh it's not your problem, they should inform the court of the change of address, they brought the claim against you, so it is their responsibility and if it results in them not getting the orders and not complying with them, thus getting struck out, it is, basically, their own stupid fault.

[jaguarsuk]

Has the court set a date for hearing as well, or solely the witness statement (and exhibits) order?

I'm guessing 14th November based on 31st Oct being WS deadline

[Amethyst]

Here ( bumping for self )

[Amethyst]

Right. Post moved over from other thread.

Today, 15:05:PM


Hello

Thanks for your help and input into this matter. I have now drafted my witness statement to send off to the court and claimant tomorrow in time for Wednesdays deadline. I attach a copy below. please can someone advise if this is suffcient enough to submitt to the county court


IN THE KINGSTON COUNTY COURT


Claim No. X

BETWEEN:
ASSET COLLECTIONS & INVESTIGATIONS LTD
Claimant
- and –
Defendant
X

_________________________________

WITNESS STATEMENT OF X
_________________________________



I X of x being the Defendant in this case will state as follows;

1. I received the claim x from Northampton County Court Business Centre on Tuesday 5^th June 2018

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

3. This claim appears to be for a high cost short term Loan agreement regulated under the Consumer Credit Act 1974.

4. In previous communication the Claimant has stated that that the initial agreement is dated 14^th September 2010 however no copy of the agreement nor evidence relating to the alleged debt has been provided to me.

5: I do not recognise this debt and dispute that any agreement was ever entered into with Lending Stream as alleged by the Claimant.

6. In any event, I contend the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. The Defendant has checked his own records and has found nothing relating to the alleged debt.

7. I Have never, to the best of his knowledge, received any notice of termination or default under s.87 of the Consumer Credit Act `1974 in relation to the alleged debt.

8. The Claimants statement of case states that the account was assigned from Lending Stream to Asset Collections & Investigations Ltd. I do not recall receiving notice of this assignment.

9. On the 8^TH June 2018 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Asset Collections & Investigations Ltd. The Defendant further requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. This was sent recorded post on 8^th June 2018.

10. The Claimant has not sent any of these documents to the Defendant nor have they acknowledged receipt of the request.


11. On the 8^th June 2018 I also sent a formal request for a copy of the original agreement to Asset Collections & Investigations Ltd pursuant to sections 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee by Recorded post.

12.The Claimant has failed to comply with s77 (1) / s 78 (1) of the Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.

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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

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



Statement of Truth

I, x, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

[Amethyst]

You're switching a bit between first and third person - a witness statement wants to be in first person ( so I, rather than he/the Defendant ) Also it reads far more like a defence .... let me have a rejig

[Londonjay]

ok thanks I will try to change to first person and re submitt this evening

[Amethyst]

HOLD ON !!! I'm reworking it....

Work in Progress below.... EXhibits are the CCA and CPR letters you want to attach - just call them EXhibit A and Exhibit B


IN THE KINGSTON COUNTY COURT


Claim No. X

BETWEEN:
ASSET COLLECTIONS &amp; INVESTIGATIONS LTD
Claimant
- and –
Defendant
X

_________________________________

WITNESS STATEMENT OF X
_________________________________



I X of x being the Defendant in this case will state as follows;

1. The claim in this case is for an alleged high cost short term Loan agreement, regulated under the Consumer Credit Act 1974, between myself and 'Lending Stream' entered into on 14th September 2010.

2: I do not recognise this debt and dispute that any agreement was ever entered into with Lending Stream as alleged by the Claimant.

3: As the alleged debt is from 2010 it is my contention that, if any sums were due, which is denied, the debt would be statute barred pursuant to section 5 of the Limitation Act 1980 in that no payment or acknowledgement has been made in the previous 6 years.

3: In May 2018 I received a "Letter of Claim" from the Claimant dated 30th April 2018. The letter indicated I had 30 days to respond to their claims. I attempted to telephone the Claimant on multiple occassions to try and find out what the debt was however was unable to get through.

4: Unfortunately I did not complete the reply form as I had absolutely no idea what the claim was for. I realise now that I should have completed this form regardless of being unable to contact the Claimant at that time.

5: I have checked my own records and have found no indiciation of having obtained any loan from The Lending Stream or of having made any payments to The Lending Stream.

6: The claim in this case was issued on the 31st May 2018 and I received it on xxxx June 2018.

7: In order to try and find out more information, considering I was unable to contact the Claimant by telephone, I wrote to them on 8th June 2018.

8: I formally requested a copy of the original agreement pursuant to s.77 / 78 of the Consumer Credit Act 1974 ( EXHIBIT X).

9: The Claimant has not responded to my request and thus cannot enforce the agreement.

10: I also requested copies of documents on which the Claimant intends to rely on in this case, that they had mentioned in their statement of case. I made this request pursuant to CPR 31.14 ( EXHIBIT X ) and requested copies of the Agreement, Default Notice and Notice of Assignment.

11: To date I have not received copies of any documents, or any further information from the Claimant.

12: In the Claimant's statement of case they have stated that they are claiming statutory interest under s.69 of the County Courts 1984 from the 20th June 2018. However the Claimant has also stated that they did not purchase/have assigned the alleged debt until 2nd November 2017, and therefore I would contend any interest applied should be limited to that date.

13: I have never received any notice of Default/Termination or any notice of Assignment from either the original lender, Lending Stream, or the Claimant.

14: I have never received a breakdown of the alleged debt.

15: In summary, it is disputed that I have ever entered into any agreement or had any loan from The Lending Stream as alleged by the Claimant and the Claimant has failed to provide any evidence or documents evidencing such, or that any debt would be in time, or legally collectable by themselves following assignment.

16: I respectfully request the court orders the Claimant to provide copies of all documentation required in order to evidence their case or strike out the claim. Of course, should the Claimant provide documents within their Witness Statement I shall reconsider my position and file a further Statement accordingly.


Statement of Truth

I, x, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

[Amethyst]

Okay above is a bit better - check it over and amend accordingly first of course.

One thing, have they ever said who the loan was from ? ( Lending Stream have a billion t/as names )