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Hello
First of all, a thank you for the guidance posted on the forum. I have followed it throughout the process of dealing with a county court claim brought to me by Asset Collections for a payday loan they claim I had from Lending Stream.
It is now going to court on Wednesday and I would welcome any last minute tips on ensuring I see it through to completion.
Below is a brief overview. Feel free to ask any questions to help you understand and respond.
Payday lender: Lending Stream
Debt Collector (claimant): Asset Collections & Investigations
Date of alleged loan: 10th Feb 2012
Sum: £660 (£300 loan + £360 interest)
Court claim: £272.59 (outstanding amount + court interest) and £25 court fee = £297.59.
I became aware of this in July 2018.
11th July - receive court claim form form ACI for sum of £297.59.
This is my first correspondence received regarding this loan.
I followed the forum’s instructions & we were booked for mediation in early September but as I had received no documents from ACI in response to the postal orders & had no record of this loan, I was deemed ineligible to use the service and it was referred to the County Court.
I received the Claimant’s Bundle at the end of November. It included 1. Witness Statement (including confirmation they will not be attending the hearing) 2. A electronically signed loan agreement 3. An undated letter to an address I had left prior to the date of the alleged loan citing transfer of debt from Lending Stream to ACI on 21/08/2017.
I guess the key points in my defence are as follows:
The loan was allegedly issued on 10th Feb 2012 and electronically signed by me.
The address the loan agreement was taken out against, I had vacated some 2 months before in November 2011.
They state that a code is sent to the telephone number and a link sent to the email address for signature - there is no personal information (email address, phone number or date of birth) linking me to this loan in their lean paperwork bundle nor any details about the bank account that the funds are transferred to.
The claimant states they made numerous attempts to contact me by phone, email & post as well as a Letter Before Action.
The claimant’s witness statement states “all correspondence was sent to the address provided by the original creditor & confirmed by defendant on n9b form” - this cant be true.
First of all, I didn't complete an N9B form as my defence was submitted online. However, on all the forms related to defending this case, I have given my current address where I have lived since 2016 which the original creditor wouldn’t have had.
Secondly, the only correspondence I have received about this from any party was the claim form - they conveniently had my current address for this document.
There have been no default notices, letters about transfer of debt, letter before action etc. All of these are referred to in the witness statement but none are included in their bundle.
There is no record of it on my credit report.
To be honest, I was surprised they paid the fee in December to move ahead, especially with such a sparse bundle of “evidence”. I feel like it seems cut & dry. There’s absolutely nothing but my name & an old address I had already left connecting me to this and they have made no attempt to supply the relevant documentation for me to consider.
That said, I’ve never been to court for anything before and want to make sure I see this through to successful completion! I don’t want to get a CCJ to pay for something I have had nothing to do with!
I would welcome any guidance you can add to ensure I’m well prepared for Wednesday.
Thanks in advance
First of all, a thank you for the guidance posted on the forum. I have followed it throughout the process of dealing with a county court claim brought to me by Asset Collections for a payday loan they claim I had from Lending Stream.
It is now going to court on Wednesday and I would welcome any last minute tips on ensuring I see it through to completion.
Below is a brief overview. Feel free to ask any questions to help you understand and respond.
Payday lender: Lending Stream
Debt Collector (claimant): Asset Collections & Investigations
Date of alleged loan: 10th Feb 2012
Sum: £660 (£300 loan + £360 interest)
Court claim: £272.59 (outstanding amount + court interest) and £25 court fee = £297.59.
I became aware of this in July 2018.
11th July - receive court claim form form ACI for sum of £297.59.
This is my first correspondence received regarding this loan.
I followed the forum’s instructions & we were booked for mediation in early September but as I had received no documents from ACI in response to the postal orders & had no record of this loan, I was deemed ineligible to use the service and it was referred to the County Court.
I received the Claimant’s Bundle at the end of November. It included 1. Witness Statement (including confirmation they will not be attending the hearing) 2. A electronically signed loan agreement 3. An undated letter to an address I had left prior to the date of the alleged loan citing transfer of debt from Lending Stream to ACI on 21/08/2017.
I guess the key points in my defence are as follows:
The loan was allegedly issued on 10th Feb 2012 and electronically signed by me.
The address the loan agreement was taken out against, I had vacated some 2 months before in November 2011.
They state that a code is sent to the telephone number and a link sent to the email address for signature - there is no personal information (email address, phone number or date of birth) linking me to this loan in their lean paperwork bundle nor any details about the bank account that the funds are transferred to.
The claimant states they made numerous attempts to contact me by phone, email & post as well as a Letter Before Action.
The claimant’s witness statement states “all correspondence was sent to the address provided by the original creditor & confirmed by defendant on n9b form” - this cant be true.
First of all, I didn't complete an N9B form as my defence was submitted online. However, on all the forms related to defending this case, I have given my current address where I have lived since 2016 which the original creditor wouldn’t have had.
Secondly, the only correspondence I have received about this from any party was the claim form - they conveniently had my current address for this document.
There have been no default notices, letters about transfer of debt, letter before action etc. All of these are referred to in the witness statement but none are included in their bundle.
There is no record of it on my credit report.
To be honest, I was surprised they paid the fee in December to move ahead, especially with such a sparse bundle of “evidence”. I feel like it seems cut & dry. There’s absolutely nothing but my name & an old address I had already left connecting me to this and they have made no attempt to supply the relevant documentation for me to consider.
That said, I’ve never been to court for anything before and want to make sure I see this through to successful completion! I don’t want to get a CCJ to pay for something I have had nothing to do with!
I would welcome any guidance you can add to ensure I’m well prepared for Wednesday.
Thanks in advance
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