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

[Londonjay]

Many thanks for that much appreciated.

No they have just said Lending Stream unfortunately.

I will respond to both the court and the claimant today as instructed by the county court and await their response.

Thanks and Kind regards

[Amethyst]

Good good, unfortunately for them as if they'd said who the actual loan was with it might have been recognisable.

some of their names ( only for interest )

[Amethyst]

You should ( outside chance ) get a copy of their witness statement too
hope you don't though...

[Samantha74]

Hi how did this turn out please as currently going through the same thing with this company. Just had the court claim form through the post.

[MIKE770]

Hi how did this turn out please as currently going through the same thing with this company. Just had the court claim form through the post.

start your own thread so no mix ups??

[Londonjay]

Am due in court this afternoon at 2pm today in relation to this. The claimant has filed a witness statement but states they are not attending. There is inconsistencys with the dates provided on the witness statement and the credit agreement provided and the fact of the matter is the debt is over 6 years old and I have had no communication with them so hopefully the judge throws it out. Lets see. Will update tomo

[Amethyst]

Gosh, very good luck this afternoon.

the debt is over 6 years old

so this in your defence

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.

should be more than enough to have the claim dismissed.

Have they argued against that in their witness statement at all? Default Date mention etc ?

[Londonjay]

In thier witness statement they claim i was loaned the money on 19/5/13 although in the contract the havr exhibited the date of the agreement is stated as 14/9/10 and this is the date orginally quoted on the claim form so the date on the witness statement is incorrect

[Amethyst]

You'll likely have to explain that to the Judge, but otherwise if that's just an obvious ''typo'' (probably a poorly edited template) you should be absolutely fine with Stat Barred.

Had you submitted your witness statement ?

At the end remember to ask him / her if you can request your costs for the day ( travel, parking, time off work ). Likely to be a max of £95 overall.

[Amethyst]

Hope things are going okay for you LJ xxx

[Londonjay]

Just like to report back that the county court judge threw the case out yesterday afternoon and awarded me 67 pounds in compensation. Many thanks to everyone on this forum for thier invaluable advice. Much appreciated

[MIKE770]

well done

[Amethyst]

Just like to report back that the county court judge threw the case out yesterday afternoon and awarded me 67 pounds in compensation. Many thanks to everyone on this forum for thier invaluable advice. Much appreciated

Well, there's a shock Congratulations ! Fingers crossed they actually pay you the costs awarded - if they haven't within 14 days then write to them ( they likely won't know until the court gets round to sending them a copy of the judgment )

Well done for not letting Asset ( or the courts) intimidate you out of sticking up for yourself.