*** SETTLED ** Court Claim - Asset Collections / Lending stream - 8-9-2017

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

You've done nothing wrong, honestly xxxx I'm going to back through and check exactly where you are at and what, if anything, you need to do now okay

Okay - you have sent the CPR request and CCA request to the right places, and have so far had no response.

Your defence is due in on the 8th, so lets get that done on Friday 6th to be sure ( will get you a draft to start with ) - coincidentally the 6th is also 12 working days for the CCA response before it becomes temporarily unenforceable under section 77 of the CCA ( which you can read here -> https://www.legislation.gov.uk/ukpga/1974/39/section/77 )


That 8 weeks timescale complaint letter response is the time limit for taking an unresolved complaint to the Financial Ombudsman. You can continue with that direct with Lending Stream, and if they don't come back on affordability etc after 8 weeks then you can take that complaint to the Ombudsman - but it's separate from the court claim

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

You've done nothing wrong, honestly xxxx I'm going to back through and check exactly where you are at and what, if anything, you need to do now okay

Okay - you have sent the CPR request and CCA request to the right places, and have so far had no response.

Your defence is due in on the 8th, so lets get that done on Friday 6th to be sure ( will get you a draft to start with ) - coincidentally the 6th is also 12 working days for the CCA response before it becomes temporarily unenforceable under section 77 of the CCA ( which you can read here -> https://www.legislation.gov.uk/ukpga/1974/39/section/77 )


That 8 weeks timescale complaint letter response is the time limit for taking an unresolved complaint to the Financial Ombudsman. You can continue with that direct with Lending Stream, and if they don't come back on affordability etc after 8 weeks then you can take that complaint to the Ombudsman - but it's separate from the court claim

Okay so so we are okay to leave it until the last minute? Will that go to the court or to the debt collector? Will I then be told where I need to go and when? I will need to book the time off work to attend. I don't know anything about the actual procedure once you try to defend the debt. Sorry if I sound like a wally. I've googled it but there's not a lot of information out there on what happens next. I don't know how people do it - it's like your set up to fail with the system, there's nothing on the money claim site that says what to do next or what the process is. I would still like to argue the claim that they make on the form that they have tried to contact me to resolve amicably when I had nothing more than an email in my junk item even though they are aware that this happens and yet they still didn't attempt to contact me by post.

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

We can include that in the defence.

Okay so timeline of what happens now;

Friday - Enter your defence via Moneyclaim online

The court then sends a copy of that to the Claimant, who has 28 days to respond to the court to say if they wish to proceed.

If they fail to respond the claim is put on hold ( called a 'stay' ) until the claimant applies to open the case again.

If they do respond the court will send you and the claimant a form 'Directions Questionnaire' which you need to complete and return to the court ( normally within 7 or 14 days) This form is where you tell the court if you are on holiday at all, which is your nearest court and whether you are open to mediation (you are)

Once the court has this it will send the case to your local court who will deal with things going forward.

They will send you a letter about Mediation. Mediation takes place on the telephone, and the parties do not speak to each other, only through a third party mediator. If you can/want to come to an agreement there you can, and that's normally where you'd arrange some kind of consent order allowing you to pay by installment without having a CCJ against you ( think we discussed Tomlin orders earlier in the thread)

If Mediation is a no go ( doesn't happen or just fails ) then the court will sort out a court date and notify both parties.

They order the claimant to pay a hearing fee by a certain date. If they don't pay their claim is struck out.

Around 14 days before the Court date the parties will be ordered to exchange 'Witness Statements' which basically backs up your defence and exchanges documents if needed.

Then there's the hearing .... so it's a way off yet - likely 3/4 months

I don't know anything about the actual procedure once you try to defend the debt. Sorry if I sound like a wally. I've googled it but there's not a lot of information out there on what happens next. I don't know how people do it - it's like your set up to fail with the system, there's nothing on the money claim site that says what to do next or what the process is

I know, it is quite disgusting IMO, and seriously it is no wonder that 87% of court claims result in a default judgment as defendants just don't know what to do with a claim.

This might sound like a lot btw, but it's not really, and we're here to give you a hand xxx Only thing we can't help much with is the hearing - but that's a way off yet, and is no worse than going to the Dentist xxx

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

You are amazing! I'm sure you're told that all the time! I was thinking I would need to be somewhere on 8th October! Is the mediation neutral? Would the preference be to make mediation work or defend in court?

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Yes mediation is impartial Your priority throughout all this is not having a CCJ so that your work isn't affected. If you CAN save anything over the next few months do, just in case you can't mediate and decide you can't deal with going to court - then you can try a full and final settlement or try and settle within the 28 days after judgment. But it really depends what the claimant's do and what documents they produce.

Information on court procedures isn't easy to find unless you know what you're looking for. The court service have created one guide which I find quite useful at times, but it's ridiculously long winded -( 170 pages long) and personally if that was the first thing I read on getting a court claim I'd poo my pants and admit anything https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf

I'm running out of time a bit today ( got to pick son up from his train) and am away tomorrow but will try this evening and get a draft started for you on the straightforward grounds that they have not responded to your requests for documents, so we might amend before we send if you get anything xxx

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

I'm so sorry! Of course! Please don't worry about my defence have a great time with your family and enjoy your day tomorrow xx

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Hi Amethyst - did you have a lovely day away??

we're getting close now (eek) what do I need to do... is the defence a bog standard thing?

xxx feel horrible asking for your help

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Sorry xxx Got back and we had a site hack yesterday and I've just got terribly behind... ... okay let me sort it .... half hour xx

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Okay... see what you think, I think it covers the email's you have sent to LS and Asset, and doesn't come off as weird that one minute you are writing to them about the loan then in the defence sayng you know nothing about it, and it's honest ( well, double check that as I'm only going off what you have said on here obviously!) Check i've switched everything to third party ( ie said The Defendant or She instead of I, me etc )


In the Northampton County Court Business Centre
Claim No: [XXXXX]

[Claimants Name]
Claimant
And

[Defendants Name]
Defendant



DEFENCE

1. The Defendant received the claim [Claim Number] from Northampton County Court Business Centre on 11^th September 2017.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for an alleged debt arising from a Loan agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into several Loans with The Lending Stream for provision of credit.
5. The Defendant was in communication with the Original creditor, prior to this claim being issued. The Defendant is living with Bi-Polar Disorder and is under the care of a Psychiatrist and on medications. She sadly has been forced to take a lot of time off of work and had fallen behind with many of her liabilities. She kept The Lending Stream informed of her situation and her last communication with them was informing them of her vulnerabilities, and requesting they give details of any debt, and offer her some breathing space to get back on her feet by freezing interest and arrange for affordable payments.
6. In response, it appears that the original creditor sold the loan/s to the Claimant who issued this claim within a matter of days. The Defendant has made a complaint to the Lending Stream regarding their lack of compliance with the Pre-Action Protocols.
7. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.
8. It is not clear which Loan the Claimant is bringing the Claim for the Claimant’s Particulars of Claim fail to state when the agreement was entered into, they fail to state the amount of the loan when it was taken out, and there is no detail of how the sum claimed has been calculated. The Court should be aware that a Complaint has also been made with regards irresponsible lending and breaches of the FCA regulations regarding affordability criteria. It is believed the Defendant was given 12 loans within the space of a year, while her income was vastly reduced due to her ill health, however full documentation is required from the Claimant to enable her to fully assess her position.
9. The Claimant has not provided a copy of the agreement which they are looking to enforce and the Defendant has not received any evidence from the Claimant that they are legally entitled to bring this claim.
10. The Claimants statement of case states that the account was assigned from The Lending Stream to the claimant but does not give any date of this assignment. The Defendant does not recall receiving notice of this assignment.
11. It is denied that Lending Stream, or the Claimant, 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.
12. On the 21^st September 2017 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 the Claimant. She requested the Claimant provide copies of the Agreement/Contract, Default Notice and notice of Assignment
13. The Claimant has not sent any of these documents to the Defendant.
14. On the 21^st September 2017 the Defendant also sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 – 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
15. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
16. 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.
17. The Defendant requests the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case else the Claim should stand struck out.
18. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
19. 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.
Signed ________________________________
Dated ________________________________

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Oh btw, never feel horrible asking for help ! I can be a bit forgetful sometimes so always feel free just to yell ( tag ( [MENTION=6]Amethyst[/MENTION] ) or PM me !)

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Wow : ) thankyou
i actually took out 20 loans in a ten month period with them.
can I mention that they failed to attempt to make contact with me in order to settle the debt in an amicable manner which is the claim and that the claim form was the first communication that I received from them with regard to this debt and that since then every attempt to contact them has been made by the defendant (emails/mail sent by recorded delivery) in order to get more information on the debt and make a payment arrangement?

Thats one one of the biggest particulars of their claim and it's nonsense xxxx

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Have a play with what I've written to amend to say that and post back up

If the court claim is the first you heard from Asset Collections say that, I have hinted at it but I wasn't sure if you had already spoken with Asset before the claim arrived - possibly just that junk email you received but didn't see until after you got the claim ?

I'm just going (again sorry!) to pick up Daughter from college, drop her at Work at McDonalds then pick up Son at station from school lol... so I WILL look back once all thats sorted - we'll get this cracked to go in tomorrow so don't worry

20 loans in ten months is insane btw ( of them, not you lol )

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

That was only with them!!! I had another 30 with the other lenders

i can put it in there obv it will be layman language : )

drive safe

[Amethyst]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

Back

Layman is good - I have tried to keep it 'normal' language anyway Once you're done pop it back up on here and I'll go through it xxx

[Lini]

Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

1. The Defendant received the claim [Claim Number] from Northampton County Court Business Centre on 11^th September 2017.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The defendant refutes the claimants statement in the particulars of claim, that the defendant had failed to respond to the claimants attempts to settle the issue in an amicable way, as the first correspondence received from the claimant was the County Court Claim on 11^th September 2017. Subsequently one email was found from the claimant in the defendents junk email folder.
4. The defendent has tried on several occasions since 12^th September, both by email, and Letter (special delivery) to get more information with regards to the debt and charges, and if necessary to make a payment arrangement, but to date the claimant has not responded to any correspondence which would enable the defendant to make necessary arrangements
5. This claim is for an alleged debt arising from a Loan agreement regulated under the Consumer Credit Act 1974.
6. It is admitted that the Defendant has previously entered into several Loans with The Lending Stream for provision of credit.
7. The Defendant was in communication with the Original creditor, prior to this claim being issued. The Defendant is living with Bi-Polar Disorder and is under the care of a Psychiatrist and on medications. She sadly has been forced to take a lot of time off of work and had fallen behind with many of her liabilities. She kept The Lending Stream informed of her situation and her last communication with them was informing them of her vulnerabilities, and requesting they give details of any debt, and offer her some breathing space to get back on her feet by freezing interest and arrange for affordable payments.
8. In response, it appears that the original creditor sold the loan/s to the Claimant who issued this claim within a matter of days. The Defendant has made a complaint to the Lending Stream regarding their lack of compliance with the Pre-Action Protocols.
9. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.
10. It is not clear which Loan the Claimant is bringing the Claim for the Claimant’s Particulars of Claim fail to state when the agreement was entered into, they fail to state the amount of the loan when it was taken out, and there is no detail of how the sum claimed has been calculated. The Court should be aware that a Complaint has also been made with regards irresponsible lending and breaches of the FCA regulations regarding affordability criteria. The Defendant was given 20 loans by the original lender, The Lending Stream, within the space of a year, while her income was vastly reduced due to her ill health, however full documentation is required from the Claimant to enable her to fully assess her position.
11. The Claimant has not provided a copy of the agreement which they are looking to enforce and the Defendant has not received any evidence from the Claimant that they are legally entitled to bring this claim.
12. The Claimants statement of case states that the account was assigned from The Lending Stream to the claimant but does not give any date of this assignment. The Defendant does not recall receiving notice of this assignment.
13. It is denied that Lending Stream, or the Claimant, 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.
14. On the 21^st September 2017 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 the Claimant. She requested the Claimant provide copies of the Agreement/Contract, Default Notice and notice of Assignment
15. The Claimant has not sent any of these documents to the Defendant.
16. On the 21^st September 2017 the Defendant also sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 – 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
17. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
18. 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.
19. The Defendant requests the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case else the Claim should stand struck out.
20. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
21. 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.
Signed ________________________________
Dated ________________________________

- - - Updated - - -

thank you!

sincere apologies for the delay, I have had to deal with Inland Revenue today
nearly pushed me over the edge : I


thank you x

Back

Layman is good - I have tried to keep it 'normal' language anyway Once you're done pop it back up on here and I'll go through it xxx