** WON ** asset collection & investigations vs IMNOTPAYINGYOU

[warwick65]

Re: asset collection & investigations vs IMNOTPAYINGYOU

I am not sure how it works but if as you say you have never had a loan with smart pig - who seem to target students and I will pass on to the NUS then they may have a problem once you enter your defence
I am working on the basis you have never had dealings with smart pig

Personally I think it was a bad move to tell them it the POC was wrong as you gave them the chance to easily reissue

I would get your defence in and also chase up lending stream about your affordability claim going to the FOS if it's not too late.

Then wait and see

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Thanks,

I have definitely never had any dealings with Smart pig, also they didn't respond to my requests letters which should be enough

I have checked and its too late for me to go to the FOS as its been 9 months since LS emailed me the final decision.

But they definitely have no chance proving i owe the Smart pigs any money !

Last thing , should i copy the defense template or is it OK for me to write it myself because i want to keep it simple just saying I never had a loan from them and they did not reply to my lettters

Thanks for your help

[warwick65]

Re: asset collection & investigations vs IMNOTPAYINGYOU

My thought would be adapt the template. I think it is worth including an in any event type of defence so lead with I do not owe etc the follow on with the no cca no DN no assignment. [MENTION=87380]Diana M[/MENTION] any thoughts?

[Amethyst]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Hi , It is the last working day today before i have to put my defense in . I still have not had any reply to the CPA and CPR letters I sent to them.
They have also not addressed the wrong particulars. Can anyone help with the defense

Thanks

Your defence should reply to their Particulars.... so something along these lines, as they also haven't responded to your requests for documents/info; you will need to amend it and add in dates etc, if you have a go and paste up a draft you should get some eyes over it.

1.I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

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 an alleged Loan agreement regulated under the Consumer Credit Act 1974 between Smart Pig and myself.

4.It is denied that the Defendant has ever entered in to any agreement with Smart Pig for provision of credit.

5. In order to find out more information about the Claimant's claim I have sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

6.[Claimant] has not sent any of these documents to me.

7. Additionally on DATE I sent a formal request for a copy of the original agreement pursuant to s.77(1) of the Consumer Credit Act 1974 with the statutory payment of £1.

8. The Claimant has failed to respond to that request or provide any documents and by virtue of s77 (4) of the Consumer Credit Act 1974 cannot enforce the agreement.

9. In the Claimant's statement of case it is stated that I failed to respond to the Claimant. This is denied.

10. Before receipt of this claim on XXXXX, I had received a letter from the Claimant which I responded to on xx/xx/xxxx in writing/by email? asking for further details as I did not recognise their claim. The Claimant responded to that email 3 months later on xx/xx/xxxx stating that "we are too busy at the moment to reply to your email please phone us to discuss this". I did not telephone the company as I was uncertain whether they were legitimate.

11. I do not have any copy of any terms of the contract. It is denied I entered into a contract with either the Claimant or Smart Pig as claimed. It is therefore denied that I failed to abide by the terms of the contract.

12. The Claimant also pleads that they sent a notice of assignment to me. This is denied. I have never received any communication from Smart Pig and do not recall receiving any notice of assignment from the Claimant.

13: The Claimant fails to state any date the alleged agreement was entered into making it very difficult to check my records, however Smart Pig appears to be a payday lender marketed towards Students. I am not a Student and prior to receipt of this claim had never heard of Smart Pig.

14: The Claimant has not provided any breakdown of the sums they have claimed.

14 .It is denied that Smart Pig 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 served. The Claimant is also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

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: It is denied the Claimant is entitled to the relief as claimed or at all.

[Imnotpayingyou]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Thanks for the Template [MENTION=6]Amethyst[/MENTION] . I have been working my through until number 10. Is it best for me to leave number 10 out as the letter of claim was actually for lending stream and not Smart pig ? In all previous correspondence they have referred to Lending stream only in the actual claim/ Claim particulars itself they have referred to Smart pig?

[Amethyst]

Re: asset collection & investigations vs IMNOTPAYINGYOU

Ahh yes.... could amend, I think no to leaving it out entirely as they have stated you have failed to respond to previous communication, when you have, and the claim is the first mention of Smart Pig.

10. Before receipt of this claim on XXXXX, I had received a letter from the Claimant regarding a debt alleged to be originally owed to a different company 'Lending Stream'. I responded to this letter on xx/xx/xxxx in writing/by email? asking for further details as I did not recognise their claim. The Claimant responded to that email 3 months later on xx/xx/xxxx stating that "we are too busy at the moment to reply to your email please phone us to discuss this". I did not telephone the company as I was uncertain whether they were legitimate. I have not received any prior communication from the Claimant with regards any debt alleged to be owed to Smart Pig.

[Imnotpayingyou]

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[Imnotpayingyou]

Hi all

I have just received a letter headed NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK but obviously I do not want this to go to court. But if it does I know they have no chance , I just want to ask if it does go court and I win the case will all the court fees etc have to be paid by the claimants side ?

They have also sent a directions questionnaire (Form N180) to fill in about mediation,

Any advice on what is the best way to proceed ?

Thanks

[Amethyst]

That was pretty quick of the court centre, you only put your defence in on what, 20th Jan ? They have to send it to the other side, then the other side have to reply to say they wish to proceed, before the Directions Questionnaires are sent out.

Well anyway, the N180 wants completing which simply gets the case sent over to your local court so they can issue further directions ( likely a hearing date and an order when to exchange documents and information ) and yes, I'd tick yes to mediation in case you get a pile of documents between now and then and decide you want to try negotiating a settlement. If no documents are sent then you don't have to proceed with mediaton (ie saying yes now isn't binding ).

If you win then, unless the judge decides you have acted unreasonably, the court fees and costs will be paid by the claimants.

[warwick65]

All part of the court process so fill in the DQ saying yes to mediation and 1 witness.
If they win you pay the basic court costs as listed on the claim form, if you win, you pay nothing

Just a warning- while you say they have no chance , they may provide documents or somehow wriggle around between now and then and also if you get what I call a 'hanging Judge' they may disregard any arguments especially if you go in like a bull in a china shop.

See if I can shoehorn in anymore silly phrase

Such Fun

[Imnotpayingyou]

All part of the court process so fill in the DQ saying yes to mediation and 1 witness.
If they win you pay the basic court costs as listed on the claim form, if you win, you pay nothing

Just a warning- while you say they have no chance , they may provide documents or somehow wriggle around between now and then and also if you get what I call a 'hanging Judge' they may disregard any arguments especially if you go in like a bull in a china shop.

See if I can shoehorn in anymore silly phrase

Such Fun

Thanks for the information and phrases. I didn't think about they might be able to wriggle out of it , will they need to provide me any evidence documents beforehand?



Amethyst I literally sent of the defence on the morning of 21st January and by 23rd January I had the small claims track at my door

[Amethyst]

That really is too quick.... I'm thinking ( sorry ) might be an idea to check with the court that the N180 has been sent in response to your defence filed on the 21st and not to anything you might have accidentally written in the acknowledgment of service box ... just to be certain. If it is all correct then congratulate them on their extreme speed ( although by the time you get through on the phone you might not feel like it lol )

[Imnotpayingyou]

That really is too quick.... I'm thinking ( sorry ) might be an idea to check with the court that the N180 has been sent in response to your defence filed on the 21st and not to anything you might have accidentally written in the acknowledgment of service box ... just to be certain. If it is all correct then congratulate them on their extreme speed ( although by the time you get through on the phone you might not feel like it lol )

Hi

On the actual covering letter it says

1. This is now a defended claim
The defendant has filed a defence

But I will call them now just to check !

Thanks

[Amethyst]

Did you get through to the court y'day?

[Imnotpayingyou]

Did you get through to the court y'day?

I went through the automated system and choose the options at around 4pm by 4.25pm it was still on the background music and that annoying lady speaking telling me at 5pm they would cut me off anyway so I gave up and put the phone down. I will try again later today but i got feeling the same thing is going to happen. I might just wait till 9am monday morning and be the first one ringing if the same thing happens today.