Asset Collections - County Court Claim defended

[Blotty]

Hi I received out of the blue a County Court claim from this company which I am defending - this site has been great for supporting me In the process and using templates etc
My question is the company has failed to provide me with any documents . The debt originally was with lending stream and was passed to McKenzie Hall. At the time I went into the DMP with Payplan and I paid through them for 3 years to clear the debt. I have copy letters from MH accepting the payment plan.
The County Court claim is for the original debt with Lending Stream . I have sent AC the documents and asked them to send me all the evidence which they haven't.
I have provided them with my defence pack. I note that it says that each party must provide all parties including Court with their documents and claim at least 14 days before the Court date which I have. I sent it tracked with Royal Mail again I have that printed.
I have nothing - so what happens and what can I do? Surely Court cannot allow this ? They just haven't engaged with me or done what the Court asks

[Amethyst]

Hi Blotty, Sounds like you are on top of things, but could you just do a timeline just to be sure where you are at dealing with this to help sort out what your next course of action should be...

Claim issued -
acknowledged -
sent cca request -
sent CPR request -
filed defence -
filed directions questionnaire -
received court hearing date? directions from court ? -
filed and served your witness statement with exhibits -
claimant paid hearing fee ? or when's that due ?

Asset collections ( and TM Legal ) have a business plan which basically assumes that a court claim will either be ignored or the debt will be paid - they aren't very well set up for dealing with claims that are defended.

Did you complete the payment plan with Payplan so as far as you were concerned the debt was paid off ?

And have you looked at making an affordability complaint at all direct to lending stream - https://debtcamel.co.uk/payday-loan-refunds/

[Blotty]

Hi Blotty, Sounds like you are on top of things, but could you just do a timeline just to be sure where you are at dealing with this to help sort out what your next course of action should be...

Claim issued -
acknowledged -
sent cca request -
sent CPR request -
filed defence -
filed directions questionnaire -
received court hearing date? directions from court ? -
filed and served your witness statement with exhibits -
claimant paid hearing fee ? or when's that due ?

Asset collections ( and TM Legal ) have a business plan which basically assumes that a court claim will either be ignored or the debt will be paid - they aren't very well set up for dealing with claims that are defended.

Did you complete the payment plan with Payplan so as far as you were concerned the debt was paid off ? Yes and yes

And have you looked at making an affordability complaint at all direct to lending stream - https://debtcamel.co.uk/payday-loan-refunds/

Claim issued - Yes

acknowledged - Yes

sent cca request - Yes

sent CPR request - Yes

filed defence - Yes

filed directions questionnaire - Yes

received court hearing date? directions from court ? - 8.10.2018 Court date 26.11.2018

filed and served your witness statement with exhibits - 5.11.2018

claimant paid hearing fee ? or when's that due ? They had to pay by 29.10.2018 I presume they have as I haven't had anything to say they haven't

The affordability was done with Payplan and sent to McKenszie Hall who took over the debt I have never had anything from Lending Stream about the debt so I didn't know anything about doing an affordability complaint at all direct to lending stream. My credit file also shows the debt to them as £0 which I have also submitted as evidence to AC and to Court

[Amethyst]

Ok cool Witness Statements were due to be exchanged yesterday ? ( 14 days before hearing ) or were they due on 5th when you did yours ?

If they are a few days later than the court ordered it may be worth calling the court to ask if they have filed it with court and neglected to send you a copy ( and if not, ask if they paid the hearing fee while you're on the phone - the court wouldn't necessarily let you know - plus they are normally a week or two behind themselves )

[Blotty]

I filed mine on the 5th but it says they need to be in at least 14 days before to all parties. Ive come home to find theirs which they've waited to submit in counter claim to mine
so it's late firstly and secondly they've totally ignored everything to do with my debt managment plan or that it was sold onto McKenzie Hall even though they have the information. It basically says I did nothing and owe Lending Stream.
I now have letters to MH showing the accepted the payment arrangement , date of first payment amount etc.
However this didn't go with my defence pack to Court as I was conscous of the timescales to submit .
ASC have waited for my defence before doing there's and answered mine so its late coming .
Can I now submit these documents ???

[Amethyst]

It is likely their Witness Statement is a standard template statement. You can submit a reply to the Witness Statement ( a supplemental witness statement ). Could you post up their statement pls.
And yours if possible.

A Debt Management Plan / installment arrangement with creditor isn't legally binding so it wouldn't be a defence in itself but should show the court that the debt was being repaid/managed by agreement and court action was unnecessary.

Does the amount being claimed take the amount you paid through Payplan into account ?

[Blotty]

Hi sorry ive been unwell so just got back to this - hearing was on 26th November so just waiting for the outcome now. There claim was for the full debt. I contacted the Court and submitted supplementary evidence in an email which included the letters showing that they payment arrangement was agreed and set up - I will have to wait and see what the Judge made of it and let you know the outcome.

I may need to ask for support if it hasn't gone my way and if there is any challenge as I know I have paid it

[Blotty]

So I lost nothing given to me other than I didnt attend they won and I have to pay plus costs

What next?