Court claim from Azzurro Law Limited

[naes]

Hi, I have received a court claim from Azzurro Law Limited, this is regarding a company CC from Capital on Tap, which due to covid is no longer trading, but has a personal guarantee on it, it’s roughly 7.5k with there fees, now closer too 8k.

When they sent letter before Action, I requested documents, which they they replied with 7 or 8 weeks later, I don’t deny I owe the debt, but this is one of many that are all likely to follow the same path eventually. I am not in a position to pay anything remotely close to 8k what they are asking for. I am starting a new job tomorrow, which after a year or 2 of training will provide me with a reasonable salary, but until then, I can probably only agree to maybe pay £10 a month, as I have debts of around 55k in total, which all payments where always up to date until covid came along & put a holt on my work & I have since had to change jobs to be able to provide for my family.

Any help would be appreciated. I have signed on to MCOL but not really sure if I am able to provide a defence, if I am already in receipt of the documents they must provide?, they said it was an unregulated loan, so they are not bound by any timeline.

Many Thanks

[MIKE770]

Acknowledge Claim (MCOL defend all tick)


Defence later in proceeding the above gives you more time. admit nothing at this stage. see what they produce.

Example Defence when needed it gets adjusted to circumstances not for now. get proof posting (free) keep all on file.

CPR 31.14 Request (no charge ) to solicitors requesting only the documents they mentioned on court form! get poof posting free again and keep copy on file. ignore any 6 -8 weeks later. as that is complaints time.

Check dates from court form issued.

CCA Request send to cap on tap (The company alledged owe?) with a £1.00 postal order keep copy of everything on file , admit nothing at this stage. NOTE:- (Ignore not not a regulated)

echat11 may be able to advise also?

[echat11]

Answer the following questions, copy / paste back onto this thread (remove any personal details)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) So you are doing everything Mike has stated, except the Defence at this moment in time.

b) Remember a Court will only ask you to pay what you can afford, this isn't a priority debt, things like food, utility etc are more important. If you can only afford to pay £1 each month so be it.

Fill in an income and expenditure form, take into consideration the cost of living crisis, so you should have a good idea what you can afford to pay, if it's £10 a month, so be it. Don't get stressed over it. You just need to regain control over it, which you will.

[naes]

So just to confirm I go on MCOL & acknowledge the claim & tick defend all, but don’t worry about defence, I am just filling out now what ECHAT11 has said now.

Thanks

[echat11]

So just to confirm I go on MCOL & acknowledge the claim & tick defend all, but don’t worry about defence, I am just filling out now what ECHAT11 has said now.

Thanks

a) Go on to MCOL, Acknowledge of Service / tick defend all. What that gives you is 14 + 14 days (plus 5 days postal) to receive more information and file your Defence.

b)You need to send off the CPR 31.14 request, get PoP.

c) You need to send off the CCA 1974 request, get PoP.

d) Fill in the questions, it will help when helping with Defence.

e) In approx. 28 days (the important thing is not be late with it) you will file your Defence once you get more info.

[naes]

Received a claim: Yes
Issue date: 20/3/23
Have you Acknowledged the claim: no, but will do after typing this.
Amount claimed: £8000
Claimant name: Azzurro Associates LTD
Solicitors Firm: Azzurro Law LTD
Original Creditor: Capital On Tap
Particulars of Claim: The Claimant’s Claim is for the sun of £xxxx being monies due from the defendants to the claimant under a unregulated agreement owed between the 1st defendant and Guaranteed by the 2nd defendant to capital on tap and assigned to the claimant.
Notice of assignment has been provided to the defendants and claimant claims the sum of £xxxx together with interest accruing from the date of this application at the Statutory rate x %, which is a daily interest rate of £xxx.
together with the costs of this claim.
Is this debt statute barred: No
List any letters you have sent: reply to pre action protocol. I ticked box C, I don’t know whether I owe the debt.
Box I, I need a copy of the agreement, all T&C’s which are applicable to the CCA default notice, the notice of assignment, a full statement of account.
I didn’t sign, only printed my name & date /10/22

The first defendant would be the limited company I used to have, but I have resigned from & is dormant, but will not be struck off & as someone has put in an objection, probably these.
I only resigned from company as covid put a complete stop to the work I had been doing for the previous 5 years & only had the limited company for payments.

Many Thanks

[naes]

I do have one also for the limited company, which is registered at my personal address, but I haven’t opened, as I have re signed from company & company assets would only be some tools & equipment, which second hand would be lucky to get a few hundred at auction.

[echat11]

There's no point in sending the CCA 1974 request as it's 'unregulated'. Just send the CPR 31.14 request. Ask for documents mentioned in their POC.

From what I've read, Azzurro don't always play by the Rules.

[naes]

I have sent off today, they have to sign for it as well, the only document I could ask for was the notice of assignment, as that’s all they mentioned and i removed the last paragraph on 31.14, as that was regarding the credit agreement. So I guess I just wait for there reply.

Many Thanks

[echat11]

I have sent off today, they have to sign for it as well, the only document I could ask for was the notice of assignment, as that’s all they mentioned and i removed the last paragraph on 31.14, as that was regarding the credit agreement. So I guess I just wait for there reply.

Many Thanks

See what they send, keep in mind the date the defence has to be filed. Post a week before it is due.

You could send the original creditor a Subject Access Request, they have 30 days to provide all the data on the account over the last 6 years. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[naes]

I have received a letter from Azzurro, but I been sick the past week, dated the 12th of April noting they have requested NOS and endeavour to provide within 14 days.
they t have then put abound complying with CPR15.5, if I can confirm how many days you wish to extend the period for filing your defence.
surely if they are requesting 14 days more to get a document that they have already sent me apparently & stated in the filing, I will get 14 days longer? Or do I have to write to them or the court?

Many Thanks

[echat11]

Since they are asking you, write / email them request 24 more days or what you think you need.

[naes]

Am I right in thinking it was 28 days from when I filled in the Application online to defend all, which was the 2nd of April, so without asking for an extension, it would have been 30th April I would of had to file my defence by, so if I ask for 24 days that will bring me to the 24th of May, is that correct or does it go from 5 days after the date on the court papers the 28 days ?

Many thanks

[echat11]

This is the issue date, 20/03/23

You acknowledged the debt on the 02/04/23, so that gives you 14 + 14 (plus postal 5 days).

So that's 16/04/23 (plus 5 days), if you ask for a further 24 days extension, so that takes you to the 10th May.

[naes]

Today I got the documents back 1. notice of assignment 2 change of collection agency notification 3 copy of agreement 4 statement of account. And it says we agree to extend the period for filing a defence until 26 April in accordance with CPR 15.5, we confirm that if no response/defence is filed by 26 April, we will request for a default judgment against you pursuant to CPR 12.4.