N157 Form - Evidence for hearing help - Asset Collections / Piggybank payday loan.

[Missty]

Hi, after some advice please. I received a claim form in November from Asset Collections for an unpaid PiggyBank pay day loan for the amount of £650.

I then made a CCA (77-79) & CPR 31.14 request Claimant and their solicitor requesting copies of all the documents relating to the claim they had filed. Credit agreement / default notice / statement of account and notice of Assignment etc. These were not sent to me, and still to date I have not received any documents at all from Asset Collections.

I filed my defence on the basis that I did not acknowledge the debt, that the Particulars of Claim does not give sufficient information, ie no account number or confirmation that a default notice has been issued or when this was issued and also that the CCA / CPR request had not been responded to and that without these documents I was unable to consider my position and defend the claim effectively.

It then went to DQ stage but mediation was unsuitable as I still didn't have the information I had requested.


The court have now issued the N157 'Notice of Allocation to the Small Claims Track' and have set a hearing date. The judge has also ordered both parties to send each other all the evidence that they wish to rely upon at the hearing.... And this is what I need help with.
The only evidence I have are the copies of the CCA / CPR letters that I sent to the Claimant and their solicitor. Is this enough? There's not much I can do without any of the details of the debt. the POC does not give any dates or amounts, It just alleges that I had a PiggyBank loan and failed to make payments, and that the credit agreement has now been assigned to the Claimant. Is there some case law that I can rely on for this or any other evidence I should send? The Claimant has already failed to comply with the CCA by not producing the documents on request, so do I need to state this separately as evidence?

They also have to file their evidence with the court and with me withing the next 10 days so its possible I may receive these documents soon, on order of the Judge as I'm not sure how the hearing can proceed without these documents proving what the debt is and that I owe it. If they fail to file there evidence with the court or send it to me can I ask for the case to be struck out or does it still continue to the hearing?

Any help would be appreciated.

Thank you

[charitynjw]

Hi

Did you get proof of posting for the two requests for info, in particular for the CCA s77-79 request?

[Missty]

No, stupidly I dont think I did, but the information was also requested in the defence so the Claimant is aware I have requested it and require it (although I know that's not acceptable proof of me sending any letter to them).

Obviously the Claimant should send these documents to me anyway within the next week as I assume the judge will need to see these documents at the hearing to proove the debt even exists, so the Claimant will need to file copies as evidence they intend to use. I will definitely send my evidence recorded delivery to all parties so they have my request letter again requesting the documents. Should I send a separate CCA / CPR requests again tomorrow as a second request in order to obtain somme proof that obtain proof that I actually requested the documents, and then add this proof of posting as evidence that a second request had been made at a later date prior to the hearing?

[charitynjw]

When is the hearing?

[Missty]

Not until the end of April, and that is also subject to hearing fee being paid by a prior deadline as well.

[charitynjw]

There is nothing to stop you from making another s78 request (+ £1) to Asset.
If it were me I would do exactly that.

& send a letter requesting the other documents which you want. (Default Notice, notice of assignment etc.) to the Claimant's sols. Even if they don't get their finger out, they will be put on notice re exactly what documents you expect to receive in the standard disclosure. (Usually 14 days before the hearing date.)

The problem with the usual standard disclosure of documents in County Court is that the documents can, to some degree, be cherry-picked.


Did someone mention proof of posting?

[Amethyst]

. The judge has also ordered both parties to send each other all the evidence that they wish to rely upon at the hearing.... And this is what I need help with.
The only evidence I have are the copies of the CCA / CPR letters that I sent to the Claimant and their solicitor. Is this enough? There's not much I can do without any of the details of the debt. the POC does not give any dates or amounts, It just alleges that I had a PiggyBank loan and failed to make payments, and that the credit agreement has now been assigned to the Claimant. Is there some case law that I can rely on for this or any other evidence I should send? The Claimant has already failed to comply with the CCA by not producing the documents on request, so do I need to state this separately as evidence?

You can state their failure to provide documents in your witness statement. Exhibit the letters you have sent, and your defence, and that's really all you can do. Have you made a start on the Witness Statement as yet ? Some examples Witness Statements if you need some ideas.