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Azzurro Claimform - Unregulated Business Loan

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  • Azzurro Claimform - Unregulated Business Loan

    Azzurro Claimform - Unregulated Business Loan from Liberis.com - Sole Trader - my name" T/A "Business Name

    Hi Claimform received from Azzurro Ltd re the above loan.

    I have requested documents from Azzurro which they have sent.

    However as it is not covered by the Consumer Credit Act so I am not sure how to approach the matter.

    DQ's have been sent and received.


    I am now up to the Mediation level which is in a couple of days, but have idea what to do.

    Any help would be much appreciated.

    Thank you.

    Ive made a donation thanks.
    Last edited by BrightonRose; 23rd January 2023, 23:09:PM.
    Tags: None

  • #2
    Information sent from Azzurro
    Attached Files

    Comment


    • #3
      You appear to have filed a Defence. What are the grounds on which you are contesting this claim?
      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4

        Defence

        1.The Defendant contends that the particulars of claim are
        generic in nature. The Defendant accordingly sets out its case
        below and relies on CPR r 16.5 (3) in relation to any particular
        allegation to which a specific response has not been made.

        2. Paragraph 1 is noted. I have had in the past a contractual
        relationship with Liberis. The Defendant does not recognise the
        reference number provided by the claimant within its particulars.
        I do not recall the precise details or agreement and have sought
        verification from the claimant who has not complied with my
        requests for further information.


        3. Paragraph 2 is denied. I am unaware of any legal assignment or
        Notice of Assignment allegedly served from either the Claimant or
        Liberis.


        4. On the 02/10/2022 I requested information pertaining to this
        claim by way of a CPR 31.14 request. The claimant as yet to
        respond to this request.

        Azzurro Law is as yet to respond in relation to the CPR 31.14
        request.

        To date, 18/10/2022, no documentation has been received.

        5. It is therefore denied with regards to the Defendant owing any
        monies to the Claimant, the Claimant has failed to provide any
        evidence of proof of assignment being sent/ agreement/ balance/
        breach or termination requested by CPR 31.14, therefore the
        Claimant is put to strict proof to:


        (a) show how the Defendant entered into an agreement; and

        (b) show and evidence the nature of breach and service of a
        default notice


        (c) show how the Defendant has reached the amount claimed for; and

        (d) show how the Claimant has the legal right, either under
        statute or equity to issue a claim;


        6. As per Civil Procedure Rule 16.5(4), it is expected that the
        Claimant prove the allegation that the money is owed.



        7. On the alternative, as the Claimant is an assignee of a debt,
        it is denied that the Claimant has the right to lay a claim due
        to contraventions of Section 136 of the Law of Property Act.


        8. By reasons of the facts and matters set out above, it is
        denied that the Claimant is entitled to the relief claimed or any
        relief.

        Comment


        • #5
          I only took this route with Azzurro as they would not discuss the claim with me, once it was issued to me. They said they would court procedure. I dont mind paying something, but I am on benefits due to illness, so I do not have any money to give then anyway!!.

          Comment


          • #6
            Hi Atticus.


            My meeting is tomorrow afternoon. If you have any advice in how to negotiate with the DCA, it would be very helpful, many thanks.

            BR.

            Comment


            • #7
              You need to assess how the information provided relates to the points made in your defence. Stand your ground on all points that remain arguable.

              Mediation is an attempt to settle. You should work out your negotiating position. If you have points that you can argue with some force, then you would be justified in seeking a low settlement figure.

              If you will need time to pay, you may need to explain why.

              Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment

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