Lending stream / Asset collections

[Amethyst]

Ha ha don't worry - sometimes posting off a mobile doesn't format stuff properly xx

When is your return date ?

You should get your complaint to Lending Stream made - treat it as a separate issue to the court claim. It does sound like you'd have a decent case. Good luck with the 118118 account.

Apologies realised I just posted the bits from the claim without actually saying anything....thank you for the birthday wishes .... it was my 44th so I'm probably about due for some hormone issues too yeyyy lol

Going over it all now xx

[Jaybug]

Thank you so much..
You have my full sympathy when it starts. Prepare your family for your irrational behaviour in advance! And hide any sharp objects in the house haha. I'm laughing now but it was a sooo not funny at the time.
Return date is not till 28th of this month. Should I have got a default notice from Asset with the cca they sent?

[Amethyst]

Can you send me the agreement as I can't find it in my emails xxx

[Amethyst]

Ah ha found it. It's because it just looks like a letter I was just scooting past ! I'll redact and post.

[Amethyst]

This is just thinking out loud really ( sometimes it's easier to 'pretend' to write a defence so you get things straight in your head )…. anyway from the documents we have it does seem we are left basically arguing that Asset put the wrong date and number of the claim form as everything else does add up.... so my concern is once you enter your return Asset amend the claim and that's the end of that. The default and termination arguments are really only based on the account number being wrong ( that September termination notice has yet another different number on so who knows if there was another between April and Sept as it doesn't give a start date )

Lending Streams reference numbers don't seem to work out right though - you did send a SAR to LS didn't you? That will probably help a lot, as it seems you might have taken new loans halfway through the term of the previous loan - and possibly just as a completely separate loan ( so not a 'rollover' and not restricted use credit (loan taken out to pay off previous loan ). Of course this is good for your FOS complaint... not so good for the court defence.

It might be worth settling at a negotiated reduced sum ( if at all possible !) with Asset and concentrating on the affordability complaint to avoid any possibility of getting a Judgment. Then use any refund from LS to offset what you settled it for.



IGNORE.....

The Claim is for an alleged Fixed sum Loan under a regulated Agreement between The Lending Stream and the Respondent.

The Lending Stream is a High Cost Short Term Credit lender.

The Respondent has had previous accounts with The Lending Stream, which are subject to complaint directly with The Lending Stream and the Financial Ombudsman relating to the Financial Conduct Authority's rules on assessing creditworthiness.

It is denied that the Respondent entered into any agreement on the 29/07/2016 and the Plaintiff is put to strict proof thereof.

Neither the Plaintiff, nor The Lending Stream, have served a Notice of Assignment on the Respondent. ?

The Plaintiff pleads the claim relates to an agreement with a reference of 2940065 dated 29/07/2016. The Plaintiff has not provided a copy of this agreement and therefore the Plaintiff is required to provide to the court a copy of the agreement on which it intends to rely in this case.

The Plaintiff attached a copy of a Loan Agreement to the Claim form. The agreement provided by the Plaintiff is dated 30/04/2016 with an agreement reference of 161211523. The Respondent denies that this account entered into a default situation.

The Respondent has checked their records and does not have any record of an agreement, Default Notice or Notice of Termination for the agreement alleged by the Plaintiff.

The Respondent has not received any Default notice for the alleged account and the Plaintiff is required to evidence that The Lending Stream served a Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974 and that any 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.

Default sums

Restricted Use Credit ( rolled over )???

The

ughhhh,

[Jaybug]

So can i contact Asset and offer reduced sum even though a court claim has been issued?
I'll email LS today to request a SAR along with affordabilty complaint.
LS did email an assignment notice on a different date stated on the claim. If Asset has it's went straight to junk which I empty periodically. It was definitely 3 separate loans, no rollovers. But last 2 were running together.
You have put ignore before the defence reply, so am I not using this draft? It looks good.. I'm feeling a bit more positive about disputing.

[Jaybug]

Hi S

Can I ask your advice regarding this case please? It's still ongoing Quick recap.. Asset had provided cca docs with dates that do match my original loan but they had put all the wrong dates on court papers so I put them to strict proof and to provide proof of all docs plus assignment on the dates they had put on court papers. The judge ordered the claimant to provide all documentation that they have 'at least 14 days' before court date, which is 8th March. I didn't receive this info until 28th feb so they are late on the judges order. The info was sent to me from Shoosmiths LLP of Edinburgh who was not mentioned in original court papers (asset had named themselves to appear at court). They have provided the same documents before plus an assignment letter which was apparently sent to me, saying they were assigned all rights on 1st August 2017 but at the bottom of the letter they have put assignment date as 27th June 2016! Again these are different dates from original court papers. Confused yet? Coz i sure am! Anyway I have the original assignment email from LS which is neither of the above.
So my question to you is.. can I go to court on the 8th and plead with the judge that Asset has clearly not followed the correct procedures or protocol in informing me of any such debt as their assignment letter (which i did not get in writing) and dates are clearly fabricated? And in doing so it would then give me the opportunity to come to an agreement with these vultures to pay the loan off without incurring a decree against me?
Thank you in advance.
J

[charitynjw]

Hi Jaybug

I'll give Amethyst a nudge for you.

[Amethyst]

Hi S

Can I ask your advice regarding this case please? It's still ongoing Quick recap.. Asset had provided cca docs with dates that do match my original loan but they had put all the wrong dates on court papers so I put them to strict proof and to provide proof of all docs plus assignment on the dates they had put on court papers. The judge ordered the claimant to provide all documentation that they have 'at least 14 days' before court date, which is 8th March. I didn't receive this info until 28th feb so they are late on the judges order. The info was sent to me from Shoosmiths LLP of Edinburgh who was not mentioned in original court papers (asset had named themselves to appear at court). They have provided the same documents before plus an assignment letter which was apparently sent to me, saying they were assigned all rights on 1st August 2017 but at the bottom of the letter they have put assignment date as 27th June 2016! Again these are different dates from original court papers. Confused yet? Coz i sure am! Anyway I have the original assignment email from LS which is neither of the above.
So my question to you is.. can I go to court on the 8th and plead with the judge that Asset has clearly not followed the correct procedures or protocol in informing me of any such debt as their assignment letter (which i did not get in writing) and dates are clearly fabricated? And in doing so it would then give me the opportunity to come to an agreement with these vultures to pay the loan off without incurring a decree against me?
Thank you in advance.
J

It will probably be overlooked being late ( February only having 28 days seems to mean people are let off forgetting they don't have the extra days ). Anyway it doesn't sound like they have helped themselves.

All a tad confusing isn't it !

What exactly does the judges order say ( do you get orders in writing or wa sit just asked for at the return date hearing thing ( Scots procedures.... lol )

Original Court Papers state 1/6/17 for assignment, so I would stick to asking for strict proof of the assignment of the correct agreement being as they don't actually seem to have any idea - the deed of assignment would be necessary in that case.

Did they sort out the correct agreement or have they still sent the older one? https://legalbeagles.info/forums/fil...tch?id=1438190

You have a CCA request in play, and they haven;'t complied. They attached the wrong agreement to the claim, and provided it in response to the CCA request, and in response to the courts order.

These notices of assignment - are they for the agreement they provided or for the one dated 29/7/16 ( which is the one they are actually claiming on)

so this still seems to be the case ?

It is denied that the Respondent entered into any agreement on the 29/07/2016 and the Plaintiff is put to strict proof thereof.

Neither the Plaintiff, nor The Lending Stream, have served a Notice of Assignment on the Respondent. ?

The Plaintiff pleads the claim relates to an agreement with a reference of 2940065 dated 29/07/2016. The Plaintiff has not provided a copy of this agreement and therefore the Plaintiff is required to provide to the court a copy of the agreement on which it intends to rely in this case.

The Plaintiff attached a copy of a Loan Agreement to the Claim form. The agreement provided by the Plaintiff is dated 30/04/2016 with an agreement reference of 161211523. The Respondent denies that this account entered into a default situation.

What's your current defence in play ?

[Jaybug]

Hi S.. thanks for replying.
They have sent an exact replica of old documentation from cca but have changed the outlay of the statement of account.
The notice of assignments I have from LS are relating to 2 outstanding loans. One of them relates to the agreement they are relying on, but they have stated wrong dates throughout court papers.
The assignment letter they have sent relates to the agreement they wish to rely on but again has the wrong dates of assignment. There will be no agreement or assignment date for a loan dated on 29/7/16 as I didn't enter into any loan on this date.
The courts wrote to me and the claimant after the final day of response ordering us to appear at a case management meeting. The letter states 'The claimant is ordered to send copies of all documentation associated with the alleged loan agreement upon which it claims to rely to both the court and the respondent at least 2 weeks before the case management discussion.
My defence is that I didn't enter into any agreement on the dates stated in the court papers. I used the template you wrote but worded it ino the huge template that would be used to say that they have not complied with cca and assignment etc.. and not followed proper protocol.
So my dilemma is would the judge overlook they have wrote all the wrong dates on the court papers and allow them this decree? Or do i stick with they haven't provided the correct documentation relating to original court papers? And can they assign a solicitor at this late hour without informing me? As now I'll be at a disadvantage at the case management meeting. Also can I state I have original assignment letter from LS which has different dates, or do I keep my mouth shut and say nothing? Sorry to bombard you with all these questions.. I have been so stressed with it all that I ended up in hospital recently with stress related kidney problems. Not sure the judge would be interested in hearing that though!
Thanks again in advance.

[Jaybug]

Hey S
I know you're really busy and I appreciate your help with this. I have re-read your last reply again, am I right in thinking your advising to just stick with the 'put them to strict proof to provide correct info relating to dates in original court claim'? I'm totally overthinking it so if I'm coming across as a bit thick its only because I'm a bit anxious as I'm going to court on my own this time.

[charitynjw]

hi Jaybug

I'll give Amethyst a ndge for you

*nudge (I don't even know what a ndge is!)

[Jaybug]

Thank you Charity... appreciate that

[Amethyst]

'The claimant is ordered to send copies of all documentation associated with the alleged loan agreement upon which it claims to rely to both the court and the respondent at least 2 weeks before the case management discussion.

When is this case management discussion ? Friday ?

[Jaybug]

Yes.. this Friday.