DISMISSED Ryan v assett collections

**SHEA** · 16th February 2018, 12:03:PM

Hi,

I'm at the point were I'm sending out my letters to request documentation from the claimant so I can prepare my defence, I have completed the Acknowledgment of service online within the timeframe and just wanted some advice on what paperwork to request for the CPR 31.14 as I dont want to miss anything off or make myself look stupid

Particulars Of Claim

Asset Collections and Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream.
The defendant failed to abide by the terms of the contract.
Asset Collections and Investigation purchased the 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 court act 1984 at a rate of 8 percent a year from the 11/08/2017 to 05/02/2018 of £679.28p and also interest of the same rate upto the date of judgement or earlier payment at a daily rate of £0.15

I can see a couple of obvious ones I need to request but any advice would be great... Thanks

**SHEA** · 10th March 2018, 15:23:PM

So not having recieved anything I requested in the form of paperwork from the DCA do I just complete the defence template and submit that on the day im supposed too...because they have not given me anything in the way of information they have do they have a defence, any advice would be great as my deadline is close of play on Monday

**warwick65** · 10th March 2018, 16:02:PM

I would submit a defence by the right time, failure to do so could lead to a default judgement

I am assuming this relates to your other thread
http://legalbeagles.info/forums/foru...lection-v-ryan

Might help if they were kept together so people can see the whole history

Kati can they be merged?

Yes you need to submit a defence based on non compliance with your CCA request, no default notice and whatever else you asked for- use the template as a start

**SHEA** · 10th March 2018, 16:11:PM

Ok, Thanks for getting back to me............

Yes it relates to my other thread mate... Is it usual not to have heard anything at all back from the DCA??????

**warwick65** · 10th March 2018, 19:34:PM

It is certainly not unusual although they often have replied saying they are trying to get the documents. Do you have proof the letters were delivered? For example royal mail signed for proof of delivery ?

**SHEA** · 10th March 2018, 22:00:PM

Originally posted by warwick65 View Post

It is certainly not unusual although they often have replied saying they are trying to get the documents. Do you have proof the letters were delivered? For example royal mail signed for proof of delivery ?

Yes mate, I have all that kept safe... It's looking to me like they're on a fishing expedition... It's ridiculous that they are allowed to bring a case against me with no proof yet even though they have nothing they would still get a judgement in their favour through default I would be liable to pay...
Its only through good fortune that I recieved the court letter in time...

**SHEA** · 11th March 2018, 20:46:PM

Will there be somebody on hand to proof read my defence tomorrow before I submit it.... tomorrow is my final day

**SHEA** · 12th March 2018, 09:29:AM

Is there anybody available to just check my defence before I submit it today.... thanks

**SHEA** · 12th March 2018, 09:36:AM

In the Northampton County Court Business Centre

Claim No: XXXXXXXX

Asset Collections & Investigation

Claimant

And

@@@@@@@@@@@@@

Defendant

DEFENCE

1. I received the claim XXXXXXXX from the County Court Bulk Centre on 15/02/2018

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 [previously] entered into an agreement with the claimant for provision of credit.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from The Lending Stream to Asset Collections & Investigation on 11/08/2017. The Defendant does not recall receiving notice of this assignment.

8. It is denied that The 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.

9. On the 19/02/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to C McGinley and Asset Collections & Investigation. I requested the Claimant provide copies of the Contract, proof of purchase of any debt as mentioned within the particulars of case and Notice and Deed of Assignment

10. Neither has not sent any of these documents to me.

11. On the 19/02/2018 I sent a formal request for a copy of the original agreement to Asset Collections & Investigation pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. 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.

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.

**MIKE770** · 12th March 2018, 09:38:AM

claim number showing redact it

**Kati** · 12th March 2018, 09:46:AM

Originally posted by MIKE770 View Post

claim number showing redact it

sorted

xx

**SHEA** · 12th March 2018, 10:12:AM

Sorry about that, thanks for redacting....
Is this ready to be entered then

**SHEA** · 12th March 2018, 10:19:AM

Can anybody advise me on wether its suitable to be entered then..... thanks

**warwick65** · 12th March 2018, 12:37:PM

Para 10 has a double negative in it - doesn't read well

In para 7 I would insert something like the claimant is put to strict proof of the legal assignment
I would insert in para 8 something like a default notice was served in the prescribed manner ( They might decide to show a DN was sent by email but you now would leave the door open to argue it must be served by post)

Hope those few points help

I am sure there are other arguments but I thought as no-one else had really commented I would pop in.

DISMISSED Ryan v assett collections