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I have received a county court claim as set out in the information below. This is something that I havent experienced before and I am a little unsure on the correct course of action to follow.
I have submitted an Acknowledgment of service and intend to submit a CCA and CPR request today. However I have a couple of questions about submitting these.....
CCA
I will be sending the indepth version of the CCA request
Should this goto Perch Capital Ltd or to the original lender (Lending stream/Gain Credit LLC)?
Account number is not mentioned in the claim, should I refer to this? or use the Claim number?
CPR
I will be asking for the following:
1. Credit Agreement
2. Notice of Assignment
3. Letter of claim
There is no mention of default or termination notice in the particulars of claim so I assume that I cannot ask for this?
Am I missing anything?
Received a claim? Yes/No: YES
Issue Date: 27th July 2020
Have you Acknowledged the Claim?: YES
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1000
Claimant’s Name: Perch Capital Limited
Solicitors Firm: TM Legal Services Limited
Original Creditor: Lending Stream (Gain Credit LLC)
Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The Claimant claims this amount in respect of an unpaid loan, regulated by the consumer credit act 1974. The loan was funded by GAIN Credit LLC.
The defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant, upon which a Notice of Assignment was sent to the Defendant. The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments. The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange payment of the outstanding balance to no avail.
The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxx to xxxxx on £xxxx and also interest at the same rate up to the date of the judgement or earlier payment at the rate of £xxxx
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details:
I have submitted an Acknowledgment of service and intend to submit a CCA and CPR request today. However I have a couple of questions about submitting these.....
CCA
I will be sending the indepth version of the CCA request
Should this goto Perch Capital Ltd or to the original lender (Lending stream/Gain Credit LLC)?
Account number is not mentioned in the claim, should I refer to this? or use the Claim number?
CPR
I will be asking for the following:
1. Credit Agreement
2. Notice of Assignment
3. Letter of claim
There is no mention of default or termination notice in the particulars of claim so I assume that I cannot ask for this?
Am I missing anything?
Received a claim? Yes/No: YES
Issue Date: 27th July 2020
Have you Acknowledged the Claim?: YES
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1000
Claimant’s Name: Perch Capital Limited
Solicitors Firm: TM Legal Services Limited
Original Creditor: Lending Stream (Gain Credit LLC)
Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The Claimant claims this amount in respect of an unpaid loan, regulated by the consumer credit act 1974. The loan was funded by GAIN Credit LLC.
The defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant, upon which a Notice of Assignment was sent to the Defendant. The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments. The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange payment of the outstanding balance to no avail.
The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxx to xxxxx on £xxxx and also interest at the same rate up to the date of the judgement or earlier payment at the rate of £xxxx
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details:
)
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