Azzurro Claimform - Unregulated Business Loan

[BrightonRose]

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.

[BrightonRose]

Information sent from Azzurro

[atticus]

You appear to have filed a Defence. What are the grounds on which you are contesting this claim?

[BrightonRose]

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.

[BrightonRose]

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!!.

[BrightonRose]

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.

[atticus]

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.