TM Legal Services Court Action

[s2efan10]

HI, I have a court date of next week so probably leaving it a bit late. This was through uncle buck and passed to asset collections. I sent through a CPR18 request and didn't receive anything. They have now sent through all the documentation as part of their witness statement so am a bit worried. My defence was only that I hadn't received information as part of the CPR18 request and SAR. I haven't put together a witness statement or anything else apart from my original defence. Should I do anything else? Any advice on this would be great. Thank you

[Amethyst]

Were you ordered to file and serve your witness statement ? usually that's due 14 days before a hearing and is ordered on the same order that sets the hearing date

What was the claim about? ( assume you defaulted on a paydayloan with uncle buck ) Who is the claimant? ( Perch or Asset ? ) How much is the claim for? When did you last pay / acknowledge with uncle buck?

What were the particulars of claim and what was your part 18 request ? ( and why part 18 rather than part 31.14 ? )

[s2efan10]

HI,I didn't see on the court order that i should serve my witness statement.

It was about a payday loan with uncle buck, it is actually now with Perch, previously with Asset. The claim is for £522 plus fees. It was taken out as £250 in 2015 and no payments were made towards it. There were other issues around the reason for taken out the loan and also had others with payday lenders at the time. I've raised complaints about 3 other companies, due to irresponsible lending and have received refunds for the interest

I read somewhere that I should request under part 18
1.The agreement/contract, including the specific terms at the point the alleged agreement was made and any subsequent changes.
3.The notice of assignment
4.The default warning letter
5.The default notice

[Amethyst]

Okay, what did you enter as your defence? and did you send a CCA request as well as your part 18 request ( part 18 is the wrong letter, that's for questions and further information, part 31.14 is for documents mentioned in a statement of case )

You can still raise a complaint about the affordability of the loan through Uncle Buck and the FOS. However that is separate to the court action.

Assignment may be an issue.... did Uncle Buck sell the debt to Asset, and Asset sell to Perch, or did Uncle Buck sell straight to Perch ? Did you receive any notices of the assignments with the witness statement ?

How long does the default notice give you to rectify ? ( should be a minimum of 14 days)

Have they included the full agreement? presumably it was an online agreement ?


Check the second page of the hearing date notice letter - usually Witness Statement info is there. Hopefully it's standard and just says if you fail then your WS/Documents won't be taken into account at the hearing, rather than anything more severe like your defence being struck out.

You should be able to get a WS in now bringing up any issues with the documents.

[s2efan10]

Thanks, my defence was that I had not received documentation relating to the loan as per the CPR18. I did also send a further CCA request. I haven't seen a copy of the default notice but they have sent the full agreement

Uncle Buck sold the debt to Asset, and Asset sold to Perch and they have sent notice of assignments in their witness statement

I haven't got the hearing date letter to hand but will check later

[Amethyst]

Okay can you do a pic of the assignments and agreements and post them up ( redacted) or email admin@legalbeagles.info.

Have they mentioned default in their witness statement ? ( if you feel like doing pics of the WS too that would help )

Just to see if you do have any defence worth carrying on with or if you are going to need to try get a settlement out of court to avoid being lumped with a CCJ.

[s2efan10]

Hi, No they haven't mentioned anything about default notice in thee WS. I've just emailed the documentation.

Thank you

[Amethyst]

Cool ta - I'll have a look

[Amethyst]

Okay. They have asked the court to substitute the claimant, and have provided the assignment notices. The agreement has been provided and is fine. The amount is double the amount borrowed ( due to the cap ) so that's okay too.

So the only argument you seem to have is the default notice.

They haven't provided one, and haven't mentioned a default notice in their witness statement., they've kind of washed over it and gone on to notice of arrears due to previously defaulted agreement....which, I would guess, means they haven't got a default notice.

Did you specifically mention you have not received a default notice in your defence?

This from an earlier letter from Asset

2019-11-15 15_45_08-Photos.png

Then in the WS...

2019-11-15 15_47_58-20191115_110852_resized[13195].jpg - Photos.png



Also this is a bit odd in their notice of assignment from Asset - where do Avant come into it? or just a typo ?

avant.png

[s2efan10]

Thanks again. My defence stated that I haven't received the requested documentation, but included in my request was the default warning letter and default notice. Also I've checked my court date letter and there is nothing on there about putting forward my witness statement.

I'll have a look into the avant bit

[s2efan10]

Hi, thanks for your help with this. The hearing went against me and my witness statement wasn't considered and the judge hadn't seen it, despite being told to email it in. He said the details were sent in June about putting forward a statement. I told him I didn't receive a letter in June and that I had called the court a number of times to see what was happening and they told me to wait for confirmation. Anyway, I was late in getting advice, I should've come here sooner!

[Amethyst]

Bummer - sorry to hear it went against you although without the witness statement it was only your defence to rely on and that sounds like it was limited. Did you ask for an instalment order or has the judgment just made a forthwith judgment (pay within 14/28 days)?
Any additional costs awarded against you ?

Anything mentioned regarding Avant?( just out of interest )

[s2efan10]

No, I didn't get around to avant. I did ask for instalments but the judge said max 28 days. No more additional than what was quoted at the time £700ish