Court Claim - Asset Collection / LS - 16-10-2017

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

You can leave it off if you are unsure. Basically if you do not believe you ever entered into any agreement with Lending Stream you'd say denied, otherwise leave it out.

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

many thanks.
im going do it now and send it and will keep you all updated.
should I include postal evidence and postal order as reference as well.

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

No that will come later on. Do you want to post up your draft before sending ? Just for a second pair of eyes over it...

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

In the Northampton County Court Business Centre
Claim No: [xxxxxx]

[Asset Collections]
Claimant
And

[xxxxxxxxxx]
Defendant
DEFENCE

1. I received the claim [xxxxxxx] from the Northampton County Court dated on Date.

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

3. This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with the Original Creditor (Lending Stream) for provision of credit.

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

6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

8. The Claimants statement of case states that the account was assigned from the Original Creditor (Lending Stream) to Claimant (Asset Collections). The Defendant does not recall receiving notice of this assignment.

9. It is denied that Original Creditor (Lending Stream) served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

10. On the Date(xxx), I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. Claimant’s Solicitor has not sent any of these documents to me.
12. On the Date(xxx), I also sent a formal request for a copy of the original agreement to Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. 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.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined by not responding to my letter.
15. 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.
16. 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.
17. 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.

18. 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.
Signed ________________________________
Dated ________________________________

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Just couple minor amends for you xxx

( tried to do comment in orange and amends in red )


In the Northampton County Court Business Centre
Claim No: [xxxxxx]

[Asset Collections]
Claimant
And

[xxxxxxxxxx]
Defendant
DEFENCE

1. I received the claim [xxxxxxx] from the Northampton County Court Business Centre dated xxxxxxx on [xx/xx/xxxx]

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.

4. It is admitted that the Defendant has previously entered into an agreement with the Original Creditor (Lending Stream) for provision of credit, however the Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards their claim. just merged paras

5. The Claimant’s Particulars of Claim fail to state how the sum claimed has been calculated, the terms of any account or when the alleged agreement was entered into. can't see the POC on the thread to check if that is correct

6. The Claimants statement of case states that the account was assigned from the Original Creditor (Lending Stream) to Claimant (Asset Collections). does it give a date at all?? The Defendant does not recall receiving notice of this assignment. The Claimant is required to evidence they hold the legal right to bring this claim.

7. It is denied that Original Creditor (Lending Stream) served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8. On the Date(xxx), I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. The Claimant’s Solicitor has not sent any of these documents to me.

10. On the Date(xxx), I also sent a formal request for a copy of the original agreement to Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

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 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.

16. 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.
Signed ________________________________
Dated ________________________________

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Nice one. just few questions.
part 5: the doc sent to me from the county court stated that; does this mean this is how the sum was calculated? or should I just leave it as it is.

POC

Asset claim this amount in respect of an unpaid loan funded by LS. the defendant failed to abide by the Terms etc
Asset purchased this debt from LS and subsequently sent NOA to the defendant to advise.
The defendant has either failed to respond to the claimant or maintain a regular payment arrangement ,etc etc
The claimant claims interest under s69 of the county courts act 1984 at a rate of 8% a year from xxxx2017 to xxxx2017 on the amount, and also interest at the same rate up to the date of judgement or earlier payment of £x.

[warwick65]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Hi

No that does not tell you how the debt was made up, you need to know exactly what the amount was, how much interest was charged, at what rate and for what period, were there any default charges, were there any other charges

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Nice one. just few questions.
part 5: the doc sent to me from the county court stated that; does this mean this is how the sum was calculated? or should I just leave it as it is.

POC

Asset claim this amount in respect of an unpaid loan funded by LS. the defendant failed to abide by the Terms etc
Asset purchased this debt from LS and subsequently sent NOA to the defendant to advise.
The defendant has either failed to respond to the claimant or maintain a regular payment arrangement ,etc etc
The claimant claims interest under s69 of the county courts act 1984 at a rate of 8% a year from xxxx2017 to xxxx2017 on the amount, and also interest at the same rate up to the date of judgement or earlier payment of £x.

Nope it tells you pretty much sod all in there... an unpaid loan funded by LS - doesn't even say the original creditor was LS really, doesn't say when, what, how or how much ... and also only says a NOA was sent by Asset, not by the original creditor - they will need to show the OC sent a NOA.

I reckon the amendments on the defence are fine

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

many thanks.
Part 6. No date was provided to inform me when the debt was assigned. so I have amended it to be it that order.

if that is it, I am ok to fill in all personal information and send to MCOL.

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

I reckon so ... [MENTION=98117]warwick65[/MENTION] ??

[GBExile]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Hi

No that does not tell you how the debt was made up, you need to know exactly what the amount was, how much interest was charged, at what rate and for what period, were there any default charges, were there any other charges

Just a quick question warwick.

If they do not provide that information is it likely that they will be granted a CCJ if all other evidence goes in the claimants favour?

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

If you challenge it they will need to evidence that the amounts are correct and calculated according to the terms of the contract, so challenge it.

[warwick65]

Re: Court Claim - Asset Collection / LS - 16-10-2017

All looks OK to me

And wot she says about arguing the point. Helps if you can find the legislation

[warwick65]

Re: Court Claim - Asset Collection / LS - 16-10-2017

- they will need to show the OC sent a NOA.

Is that right?,

Something in the back of my mind seems to say you only need to be told it's been assigned and not who needs to tell you.

Obviously the DOA needs both parties details on it.

[Amethyst]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Is that right?,

Something in the back of my mind seems to say you only need to be told it's been assigned and not who needs to tell you.

Obviously the DOA needs both parties details on it.

s136 LOP ? or not? although generally in consumer credit the assignor gives the assignee permission to write on behalf of the assignor, but it still needs to come from the assignor ( even if the assignee writes in, prints it on assignor paper and posts it themselves - doesn't seem right to me as any old sod could do that but there we are - that's why the deed of assignment is required if there's any doubt over actuality of the assignment IMO ) CONC 6.5 says assignee need to send notice ( takes over 82a of CCA I think ) so I'm probably thinking evidentially rather than legislation tbh.