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Hi I hope I'm posting correctly (first time). If anyone could help me out I'd be grateful 
Received a claim: Yes
Issue Date: 7th November 2016
Amount approx: £1,857.37
Claimant: Asset Collections
Solicitor:
Original Creditor: Lending Stream
Particulars of Claim: Asset Collections and Investigation claim this amount in respect of an unpaid loan fudged by The Lending Stream. The Defendant failed to abide by the terms of the contract. Asset Collections and Investigations purchased this debt from the Lending Stream and subsequently sent a notice of Assignment to the Defendant to advise.
The defendant has failed to respond from the Claimant thus denying the Claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion.
The Claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from the 21/06/2016 to 5/11/2016 on £1,706.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.37.
Is the debt Statute Barred? No
List any letters you have sent: CCA request, CPR request
Any Other Info:
- Acknowledged the claim on the 25th November 2016
- Sent CCA and CPR request to Asset Collections recorded on 25th November 2016
Filed Defence on 10th December 2016 :
1: I received the claim C******* from the County court Business Centre on 12th November 2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has entered into an agreement with Claimant for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case doesn't state when the account was assigned from Lending Stream to Asset Collections & Investigation. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lending Stream served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 26th November 2016, I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment] .
9. The Claimant's Solicitor has not sent any of these documents to me.
10. On the 25th November 2016 I sent a formal request for a copy of the original agreement to Asset Collections & Investigation pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with Consumer Credit Act 1974 and by virtue of Consumer Credit Act 1974 cannot enforce the agreement.
12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
- Received copies of 2 × loan agreements (1 @£355 on 10th July 2013, 1@ £210 on 19th July 2013), on 3rd January 2017
Just looked on money claims online and it states
DQ Sent on 20/12/2016
DQ Filed on 03/01/2017
Is it possible to now change my defence? If so to what? Or will I just need to accept defeat!
At the time myself and my husband between us had a lot of payday loans which have all since been repayed. Is there anyway to use irresponsible lending/affordability as defence?
Many Thanks in advance
Received a claim: Yes
Issue Date: 7th November 2016
Amount approx: £1,857.37
Claimant: Asset Collections
Solicitor:
Original Creditor: Lending Stream
Particulars of Claim: Asset Collections and Investigation claim this amount in respect of an unpaid loan fudged by The Lending Stream. The Defendant failed to abide by the terms of the contract. Asset Collections and Investigations purchased this debt from the Lending Stream and subsequently sent a notice of Assignment to the Defendant to advise.
The defendant has failed to respond from the Claimant thus denying the Claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion.
The Claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from the 21/06/2016 to 5/11/2016 on £1,706.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.37.
Is the debt Statute Barred? No
List any letters you have sent: CCA request, CPR request
Any Other Info:
- Acknowledged the claim on the 25th November 2016
- Sent CCA and CPR request to Asset Collections recorded on 25th November 2016
Filed Defence on 10th December 2016 :
1: I received the claim C******* from the County court Business Centre on 12th November 2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has entered into an agreement with Claimant for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case doesn't state when the account was assigned from Lending Stream to Asset Collections & Investigation. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lending Stream served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 26th November 2016, I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment] .
9. The Claimant's Solicitor has not sent any of these documents to me.
10. On the 25th November 2016 I sent a formal request for a copy of the original agreement to Asset Collections & Investigation pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with Consumer Credit Act 1974 and by virtue of Consumer Credit Act 1974 cannot enforce the agreement.
12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
- Received copies of 2 × loan agreements (1 @£355 on 10th July 2013, 1@ £210 on 19th July 2013), on 3rd January 2017
Just looked on money claims online and it states
DQ Sent on 20/12/2016
DQ Filed on 03/01/2017
Is it possible to now change my defence? If so to what? Or will I just need to accept defeat!
At the time myself and my husband between us had a lot of payday loans which have all since been repayed. Is there anyway to use irresponsible lending/affordability as defence?
Many Thanks in advance
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