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

[DOS]

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

Should I just work on this amendment and email the court only,

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 ________________________________

[warwick65]

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

Write to the court & ask the judge to strike if they havent produced before 6 weeks & the judge may decide to give them a deadline

I am not sure if that is the correct way to go- just a letter

Just to clarify
You entered a defence
DQ's exchanged
Mediation failed

You are now waiting for a court date ?

Have I got that right?
[MENTION=6]Amethyst[/MENTION] - I think you have been dealing with this

[Diana M]

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

the mediation fails and asset has since not replied to my documents requested for my defence.

would like to know if it is right to write the court to request asset to supply me those doc or strike the case out

First of all this is a claim for £550.

You cannot simply write a letter to the court and ask them to strike out the claim - you have to make an Application for an Order which may cost you £255 (unless you're entitled to fee remission) if there's to be a Hearing.

It's possible that the Judge may make an Order for the Claimant to produce documents within a defined number of days, but the Order may not include a sanction (i.e. claim struck out if they don't comply within the time specified).

If that happens then you would have to make a further Application for a strike out (£255) due to non compliance with the Order.

Can you say whether you attempted Mediation which failed (phone calls took place but nothing agreed paymentwise) or whether you didn't attempt Mediation because you didn't have certain documents (so no Mediation appointment booked)?

When Mediation fails or doesn't go ahead the next stage is for the case to be transferred to your local county court which then becomes the 'decision maker' on the next stage.

This all takes time by which the Claimant may/may not produce the documents.

I haven't read back through your thread but my feeling is it may be a little premature to be seeking a strike out.

Di

[Diana M]

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

I suggest you request a hearing at a local court to you for a "justifiable" reason.

Offer mediation but if Asset Collections have not supplied you with the documents you require then write a letter to the court saying mediation is pretty pointless because you are not in a position to submit a proper defence until they do. (do not send asset the letter) but send them copies of the forms as directed by the court.

. . . .

Asset Collections have a registered office in London. Do not be put off by this because they actually operate from Lanarkshire in Scotland.

I dont think they would turn up to court in the south east with a dodgy claim.

The court (NCCBC) will automatically transfer the case to the Defendant's local county court named on the form - they don't need to give a reason or justify their choice.

Or to be more accurate the NCCBC will transfer the case to the Defendant's preferred county court which may not be local.

My firm had a case where the Defendant said the car parking facilities at his local court were dire so they nominated a court a few miles away from home.

On another occasion someone worried that their ex wife might find out about his claim since she worked at his local court, so he too nominated a different one.

The Small Claims Mediation Service organise the Mediation appointments. They are separate from the "court" (different phone number, different building). The SCMS send/email you forms to complete and run the appointments diary. So you wouldn't write to the court (NCCBC) to tell them anything about Mediation issues.

It doesn't matter where the Claimant's business is based since except in large or legally complicated cases they may use the services of an agent (solicitor) local to the court.

Di

[GBExile]

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

First of all this is a claim for £550.

You cannot simply write a letter to the court and ask them to strike out the claim

Nope. But you can write a letter to the Judge & explain the circumstances & that you cannot alter your defence without the supply of certain documents & ask for the judge to order the claimant to supply said documents within a reasonable amount of time.

I did exactly that & the judge gave "asset collections" 6 weeks to supply the documents & they failed to do so & then I requested a strike & it was granted.

All done without official process.

[DOS]

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

I am not sure if that is the correct way to go- just a letter

Just to clarify
You entered a defence
DQ's exchanged
Mediation failed

You are now waiting for a court date ?

Have I got that right?
@Amethyst - I think you have been dealing with this

YES. I entered a defence
DQs exchanged
Mediation Failed
and now waiting for a court date?
Asset never sent me the document required since November I requested it
so I am now asking you guys which letter should I write to the court to ask Asset to send me the documents or stick it out?

- - - Updated - - -

Nope. But you can write a letter to the Judge & explain the circumstances & that you cannot alter your defence without the supply of certain documents & ask for the judge to order the claimant to supply said documents within a reasonable amount of time.

I did exactly that & the judge gave "asset collections" 6 weeks to supply the documents & they failed to do so & then I requested a strike & it was granted.

All done without official process.

Can you help me out the letter I need to write to the court or judge to request asset to produce the docs for my defense or strike out?

this is what I need now as I have received a letter from the court that the case will be referred to my local court with no date yet

[DOS]

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

I have just been told that the case has been transferred to my local count but there is no date or payment yet from the claimant.

so I need help to write a sample letter to send to the judge. please can someone help with a draft on this

[Amethyst]

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

There's no need to write to the Judge/Court.

The case has been transferred from Northampton to your local court, and they will send you details of the hearing date and when to exchange witness statements in due course ( normally witness statements are ordered 14 days prior to hearing). Your witness statement will detail the requests you have made and the response ( or lack thereof) and expand on your defence.

The Claimant will need to send documents with their witness statement and pay a hearing fee, probably around the same time, so that is normally a discontinuance point if they don't have the documents.

Any application for compliance with your CPR 31.14 request would cost you £255 ( unless eligible for fee remission ) and the order you might get out of it is for the agreement, DN and assignment to be produced by X date or the claim be struck out. There is a costs risk and possible hearing, and as this is small claims that kind of application would have been before any defence was filed.

I know it's horrible having this hanging over you but it is just a case of waiting through the court procedures now.

If documents are produced and everything is compliant, you can always negotiate with the claimant then.

[DOS]

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

There's no need to write to the Judge/Court.

The case has been transferred from Northampton to your local court, and they will send you details of the hearing date and when to exchange witness statements in due course ( normally witness statements are ordered 14 days prior to hearing). Your witness statement will detail the requests you have made and the response ( or lack thereof) and expand on your defence.

The Claimant will need to send documents with their witness statement and pay a hearing fee, probably around the same time, so that is normally a discontinuance point if they don't have the documents.

Any application for compliance with your CPR 31.14 request would cost you £255 ( unless eligible for fee remission ) and the order you might get out of it is for the agreement, DN and assignment to be produced by X date or the claim be struck out. There is a costs risk and possible hearing, and as this is small claims that kind of application would have been before any defence was filed.

I know it's horrible having this hanging over you but it is just a case of waiting through the court procedures now.

If documents are produced and everything is compliant, you can always negotiate with the claimant then.

QUOTED FROM YOU ABOVE:
Any application for compliance with your CPR 31.14 request would cost you £255 ( unless eligible for fee remission ) and the order you might get out of it is for the agreement, DN and assignment to be produced by X date or the claim be struck out.

DOES THIS MEAN THAT
THEY WILL HAVE TO PRODUCE ALL DOCUMENTS WHEN PAYING THE HEARING FEE?
OR I WILL HAVE TO WRITE TO THE JUDGE THAT I DID NOT RECEIVED ANY DOCUMENT TO RELY ON MY DEFENCE WHEN THEY PAY THE FEE AND A DATE IS FIXED?
OR WHAT WILL TRIGGER THE JUDGE TO ASK THEM TO PRODUCE SUCH DOCS TO ME?

PLEASE SIMPLE LET ME KNOW HOW THIS WILL BE WORKED OUT

MANY THANKS FOR THE INCONVENIENCE

[Diana M]

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

The thing is if the Claimant doesn’t produce certain necessary documents then they can’t enforce the debt in court.

There has to be a balance between letting the Claimant trip up (no documents) and attempting to force disclosure which could lead to them coming up with the goods which could let them win.

Some disclose them late as exhibits at the Witness Statement stage and some not at all.

No one has a crystal ball to predict when or if they will produce any paperwork and whether they’ll be compliant documents if they do.

As I said in post #63 my feeling is that it’s too early to go for a strike out, and even if the court makes an Order for disclosure it isn’t guaranteed to include sanctions.

Litigation is about tactics as well as law. What works in one situation may not work in another.

Di

[DOS]

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

Many thanks for the support. I will wait and update you when ever there is a hearing date. Since it is too early

[warwick65]

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

I am glad you have received some sound advice- I didn't think 'just' writing a letter to an unspecified Judge was the way forward.

[GBExile]

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

I am glad you have received some sound advice- I didn't think 'just' writing a letter to an unspecified Judge was the way forward.

I do understand you are dubious but if you are awaiting critical documents that do not appear from the plaintiff then you have every right to tell the judge that they have not been supplied & therefore you cannot amend your defence.

& the judge in my case agreed & sent the plaintiff (asset collections) an order to provide the documents within 6 weeks I think.

Job done.

Judges are real people warwick. They know without contract documents then how can the plaintiff claim a contract was in place?

[warwick65]

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

[MENTION=94473]GBExile[/MENTION]

I am not sure you actually 'got' what I was saying

Of course at some point , if nothing has been disclosed , you bring this up but at this stage I do not think writing a letter to an unknown Judge is the way forward.

The time to make the point would be in the WS or at the trial if it gets that far- who knows , if you raise it at trial then maybe just maybe the Judge will dismiss the claim. At worst he will order the disclosure