* WON * Asset Collections/Lending Stream Court Claim

**Londonjay** · 7th June 2018, 09:30:AM

can any one assist with this please and/or provide some advice

**jaguarsuk** · 7th June 2018, 10:03:AM

Acknowledge Claim, CPR 31.14 Request and CCA Request.

Send a Subject Access Request Letter to Lending stream requesting copies of the signed credit agreement, notice of default, notice of assignment to Asset Collections & investigations Ltd, full history of account and any other information they hold of you.

Often people think debts are statute barred and in fact they are not, so in filing the defence you should plead all the legal arguments you can not just stat barred.

Defence deadline: 4pm Tuesday 3rd July 2018

**Londonjay** · 7th June 2018, 10:59:AM

Thanks for you response, So I should acknowledge the claim with the court, send three letters off to lending stream/asset collections and wait for thier reply?

**jaguarsuk** · 7th June 2018, 11:05:AM

Originally posted by Londonjay View Post

Thanks for you response, So I should acknowledge the claim with the court, send three letters off to lending stream/asset collections and wait for thier reply?

yes, but if your Defence deadline is approaching before they reply you should then file a defence using the Example Defence.

**Londonjay** · 2nd July 2018, 11:24:AM

My Deadline for my defense is tomorrow morning and I still have not received a response from the creditors. Can anyone help in drafting a defense response. I have know knowledge and/or canot recall this and its been over 6 years

**jaguarsuk** · 2nd July 2018, 11:27:AM

Originally posted by Londonjay View Post

My Deadline for my defense is tomorrow morning and I still have not received a response from the creditors. Can anyone help in drafting a defense response. I have know knowledge and/or canot recall this and its been over 6 years

Use the Example Defence

**Amethyst** · 2nd July 2018, 11:36:AM

Add in to the example that you do not recognise the debt - amend it as necessary and feel free to post a draft here. You've had no replies at all from the claimant ? not even to say they are obtaining the documents for you ?

**Londonjay** · 2nd July 2018, 12:12:PM

No I have had no response from the claimant at all. Not even to say they are obtaining the documents for me. I received the claim form from the county court on 5th June which was dated 31st May. I acknowledged the claim and wrote to the claimant and the third party on the 8th June, both Asset Collections and the lending stream. They are talking about a debt dated 14/09/2010 so its been close to 8 years. I will now write a defense and post it on here. I have till 3pm tomorrow to email a defense to the courts

**Londonjay** · 2nd July 2018, 13:12:PM

Please see a copy of my draft defense below. I have mentioned the fact that the debt is over 6 years old and is stat barred as i have not received or acknowledged anything in over 6 years. I have also stated I have written to the claiments and they have failed to provide any info. Can someone please advise if i have mentioned everything and/or something is in there that should not be, Thanks in advance

1. I received the claim XYZ from Northampton County Court 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 Loan agreement regulated under the Consumer Credit Act 1974. The initial agreement appears to be dated 14^th September 2010.

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Defendant contends 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

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

7. On the 8^TH June 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Asset Collections & Investigations Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. This was sent recorded delivery on 8^th June 2018 and I attach copies for your reference.

8. As of today Monday 2^nd July 2018, Asset Collections & Investigations has not sent any of these documents to me nor have the acknowledged receipt of my request.

9. On the 8^th June 2018 I sent a formal request for a copy of the original agreement to Lending Stream pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Again no documents were sent to me nor was my request acknowledged. This was sent by recorded delivery and I attached a copy for your reference.

10.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (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.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.

13.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

**Amethyst** · 2nd July 2018, 13:19:PM

Couple amendments to do ( only minor ) first though - does their particulars of claim on the claim form give the date of the agreement or did they say that in a previous letter ? actually if you can paste/type etc the particulars of claim here that would help

We can't attach copies of letters to the defence - but you can provide copies later ( Witness statement stage ). It is enough for now to say the letter was sent and what it said

xxx

**Londonjay** · 2nd July 2018, 13:23:PM

Hi

No it does not. It said that in their previous letter sent dated 30th april 2018 from asset collections the subject being letter of claim. I tried to call them at this point to resolve but was forever on hold..

**Amethyst** · 2nd July 2018, 13:28:PM

Okay cool. Did you reply on the reply form to the letter of claim ? ( did they send the reply form with it ? )

**Londonjay** · 2nd July 2018, 13:36:PM

No I did not. They stated I had a month to do so but before I got round to it I already had a claim letter from the county court

**Amethyst** · 2nd July 2018, 13:45:PM

Okay... just slightly amended - you'll need to redo the numbering a bit - the bold bit needs looking at re who the CCA request went to.

Originally posted by Londonjay View Post

1. I received the claim XYZ 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.

5: The Defendant does not recognise this debt and disputes that any agreement was ever entered into with Lending Stream as alleged by the Claimant.

7. In any event, the Defendant contends 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.

8. The Defendant has 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.

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

10. On the 8^TH June 2018 the Defendant sent a request for inspection of documents mentioned in the claimant’s 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.

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

12. On the 8^th June 2018 the Defendant also sent a formal request for a copy of the original agreement to Lending Stream ( was it to Lending Stream or Asset ? should have gone to Asset as the owner really … if it went to Lending stream its fine but send another to Asset now and add that on here too ) pursuant to sections 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee by Recorded post.

11.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.

12.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.

13. The Defendant requests 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.

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

15.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.

* WON * Asset Collections/Lending Stream Court Claim