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Received a claim? Yes/No: Yes
Issue Date: 10th October
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £500
Claimant’s Name: Asset Collections & Investigations
Solicitors Firm: TM Legal Services Limited
Original Creditor: LendingStream
Original Debt: Payday loan
Particulars of Claim: The Claimant claims this amount in respect of an unpaid loan, regulated by The Consumer Credit Act 1974. The loan was funded by GAIN Credit LLC trading as 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 either failed to respond to the Claimant or has failed to maintain regular payments. The Claimant issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance, to no avail. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 03/04/2018 to 12/09/2018 on £xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Don’t think so?
List any letters you have sent (eg: CCA/ CPR ): None thus far.
Issue Date: 10th October
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £500
Claimant’s Name: Asset Collections & Investigations
Solicitors Firm: TM Legal Services Limited
Original Creditor: LendingStream
Original Debt: Payday loan
Particulars of Claim: The Claimant claims this amount in respect of an unpaid loan, regulated by The Consumer Credit Act 1974. The loan was funded by GAIN Credit LLC trading as 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 either failed to respond to the Claimant or has failed to maintain regular payments. The Claimant issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance, to no avail. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 03/04/2018 to 12/09/2018 on £xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Don’t think so?
List any letters you have sent (eg: CCA/ CPR ): None thus far.
A brief background on this, in early 2017 i moved across the country and had a substantial amount of payday loan debt. In previous employment i was on a zero hours contract so often my hours/pay were reduced and i frequently padded this out with payday loans which eventually had me seriously trapped in a debt spiral. I discovered the fantastic debtcamel website and followed the procedure to get all these outstanding loans sorted out. Once it was all said and done, every loan i complained to the ombudsman about was ruled in my favour due to irresponsible lending and i breathed a massive sigh of relief thinking it was all taken care of.
Cut to this month and i received a CCJ for an outstanding lendingstream debt. Checking back on the e-mail address used to send the complaints it appears i did make a complaint against them but never followed it up with the ombudsman, i think because i was trying to get too many done at once it just slipped through the cracks and i remained blissfully unaware until now.
As i have moved address and i still have family living at the old address this post gets forwarded to me, but sometimes not until a month or so later… So thus far i’ve received 3 letters about this case.
1st:Claim form with issue date 13th September 2018
2nd: Judgement for Claimaint (in default) dated 10th October 2018
3rd: Letter stating that the claim sent on the 13th was not properly posted to me and that any county court judgements have been automatically removed without needing further action. The letter then advises that i will shortly receive a claim pack which will fully explain what to do next.
I received these letters in the last month, all within a week and due to the final letter basically saying “ignore anything we sent previously” i did just that which was clearly a mistake. I didn’t really know what to make of them initially and wasn’t even sure they were legitimate until i signed up to the moneyclaim website and validated it’s all very real.
I e-mailed CCBCInsight for an update on this and was advised the following:
“Good morning
Thank you for your letter.
The claim form was printed and posted out on 18-Oct-2018 and you were given until 6-Nov-2018 to respond. Unfortunately, as you didn’t update us or the claimant with your new address the claim form and further letter was sent to your old address, as no response was received in time the claimant entered Judgment against you on 19-Nov-2018. The Judgment (CCJ) was deemed served at the last known address the claimant had for you.
If you think that a Judgment has been entered against you incorrectly and you would like to remove it you can apply to set the Judgment aside using the N244 Application Notice.
There is a £255.00 court fee to process the application payable by cheque or postal order to HMCTS.
Please see the application payment details below.”
Thank you for your letter.
The claim form was printed and posted out on 18-Oct-2018 and you were given until 6-Nov-2018 to respond. Unfortunately, as you didn’t update us or the claimant with your new address the claim form and further letter was sent to your old address, as no response was received in time the claimant entered Judgment against you on 19-Nov-2018. The Judgment (CCJ) was deemed served at the last known address the claimant had for you.
If you think that a Judgment has been entered against you incorrectly and you would like to remove it you can apply to set the Judgment aside using the N244 Application Notice.
There is a £255.00 court fee to process the application payable by cheque or postal order to HMCTS.
Please see the application payment details below.”
Absolutely any help/guidance on my situation would be hugely appreciated, i want to do everything in my power to get this taken care of as soon as i can.
Pretty good just to have the one remaining - and nothing to stop you carrying on with that complaint now and potentially getting it refunded to offset against settling the judgment ? Depends when you made the complaint ( under 6 months ago?) if you'd have to start over or can just go to the FOS now with it.
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