Asset Collections Court Claim

[Henem78]

Asset Collections Court Claim

Today, 14:24:PM
Claimant: Asset Collections & Investigations Ltd
Solicitors:
Issue Date: 8th June 2018

Amount claimed £7164.67
Court fee £410.00

Total Amount £7574.67

Claim form attached

CPR and CCA sent. Received email yesterday with this:

Good afternoon,

Please see attached a copy of your credit agreement and statement of accounts in regards to the loan with Avant Credit.

Please contact the office on 0330 808 1585 to discuss this matter further.

Kind regards,


Defence needs to be in by the 11th July. Can anyone help please?

Thanks very much.

[MIKE770]

Example Defence adjust to your situation or ask @Ame etc for help

Amethyst

[GBExile]

Start an affordability/irresponsible lending complaint now to Avant Credit. This needs to be to Avant Credit & is independent of the court process.

However, mention in your defence that you have started an affordability/irresponsible lending complaint. This may help you at a later date in court.

[Henem78]

Does this defence look ok please?

I . . . . . am the defendant in this case and deny that I am
indebted to the Claimant whether as alleged at all. I contend
that the Claimant is in breach of Rule 16.4(a) of the Civil
Procedure Rules 1998 in that the Particulars of Claim do not set
out a clear and concise statement of facts upon which they rely.
The Claimant has failed to identify or plead a date the cause of
action allegedly accrued. There are no details as to when the
alleged default occurred, the degree of default, I have made a
request under CPR 31.14 for a legible copy of any default notice
but the Claimant has not responded. Accordingly I contend that the
pleadings are wholly inadequate and that the Claimant should be
required to plead its case coherently and accurately as required
by the CPR 16 and Civil Procedure Practice Direction 16. The
Claimant has failed to comply with Practice Direction 16 Pre
Action Conduct in that it:-

• Failed to set out the basis on which the claim is made.
• Failed to provide a clear summary of the facts on which the
claim is based.
• Failed to detail what the claimant wants from myself.
• Failed to provide an explanation of how the amount of financial
loss has been calculated.
• Failed to provide details of any funding arrangement (within the
meaning of rule 43.2(1)(k) of the CPR) that has been entered into
by the claimant.
• Failed to list those documents upon which the claimant intends
to rely.
• Failed to state the date by which the claimant considers it
reasonable for a full response to be provided by myself.
• Failed to afford the Myself the opportunity of requesting copies
of those documents prior to the filing of a Defence.
• Failed, knowing that I was unrepresented to refer myself to this
Practice Direction particularly in respect of paragraph 4
concerning the court's powers to impose sanctions for failure to
comply with the Practice Direction.
• Failed to warn myself that ignoring the letter before the claim
will lead to the claimant starting proceedings and may increase my
liability for costs.

I deny receiving a Notice of Assignment pursuant to the Consumer
Credit Act 1974 from the claimant for the alleged agreement, and I
put the Claimant to strict proof by providing a certified copy of
said Notice as referred to in the Particulars of Claim.

The Claimants claim form fails to adequately or even accurately
set out the nature of the claim. I contend that the Claimant has
failed to attach any documents to the Claim Form as required. I
reserve the right to replead my Defence should the Claimant
replead its claim adequately.

I deny being served a Default Notice / Notice of Termination of
Agreement pursuant to the Consumer Credit Act 1974 by the original
creditor for the alleged agreement and puts the Claimant to strict
proof by providing a copy of said Default Notice / Notice of
Termination of Agreement as this was not referred to in the
Particulars of Claim.

I deny signing any agreement with the Claimant and demands the
claimant provide a certified copy of the Deed of Assignment signed
by the original creditor, the Defendant & the Claimant, as proof
they have the right title and interest to pursue the alleged debt.
I the defendant, demand that in accordance with s.136 (1) of the
law of property act 1925, that the claimant does provide proof of
absolute assignment, by providing a certified copy of the Deed of
Assignment between the original creditor and the Claimant to show
proof of complete transfer and ownership (all rights, title,
interest, benefits and liabilities) and that they have the power
to give good discharge pursuant to s.136 (1) (c) of the Law of
Property Act. As referred to in the Particulars of Claim.

I avers that the Claimant’s pleadings are an abuse of process.
The Particulars do not identify any cause of action. I ask the
court to consider that the Claimant is put to strict proof.

Dated this 10th day July 2018

[Henem78]

Hi, can anyone please help? Worried about this as they have sent a copy of CCA with Avant so unsure what my defence is?

[Imnotpayingyou]

Hi, can anyone please help? Worried about this as they have sent a copy of CCA with Avant so unsure what my defence is?

Seems like no one is responding atm, even in my thread :s .

[Kati]

Amethyst ??