Help! Claim form Asset Investigation/lending stream

[Bettyregrets]

Hi. I've already got one CCJ and I really don't want another one. I got a claim form in the post yesterday from Asset Investigation (ironic since I have no assets!). This relates to a lending stream account from 2011 which is showing as closed on my credit file. I received no paperwork at all from Asset and there was never any default notice. I want to defend this but if I do is there a chance that I could lose and have to pay the whole amount? The thing that worries me the most is my bank taking my overdraft away. The ink wasn't even dry on my last CCJ when they were emailing me saying they needed to talk to me urgently. I managed to talk them out of taking the OD away because my bank account has been kept within its limit for 20 years plus. Please help I am driving myself to despair and am struggling

[Debt Camel]

Re: Help! Claim form Asset Investigation/lending stream

Sorry, a LOT of questions:

When was the last payment you made to this debt? If you never paid anything, when was the loan taken out?

Did you borrow from Lending Stream before this loan? From other payday lenders to, before or after this loan?

How much is this claim for?

how much is your existing CCJ for?

how large is your overdraft at the moment?

do you have other debts apart from the above? are you making the normal payments to those or have they defaulted/

you say you have no assets - you are renting? no car? Are you working? Do you have any spare income for your debts?

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Thanks for replying. I took out the loan with LS in November 2011 and I had multiple payday debts most defaulted. Most are now statute barred to my knowledge. This claim is for 1100 but the original debt was 400.
Other CCJ is JD Williams and for just under 3k.
Overdraft is 1800 and I need it!!!
I have debts now but I'm struggling. One with Sunny is in dispute. The other two are catalogues but not huge amounts.
Renting (HUGE rent) can't move as no landlord will touch me with CCJ and I can't afford deposit fees etc. Single parent and ex has defaulted on maintenance. No car. Yes working but salary only barely covers outgoings and daughter's music lessons

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Sorry I did make a couple of repayments last in April 2012. I did try to come to an arrangement with them but refused

[charitynjw]

Re: Help! Claim form Asset Investigation/lending stream

You should acknowledge the claim
Is it a Money Claim Online?
If so, you have 19 days from the claim issue date.

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Hi. I've done this and said I'll defend. Really don't think I could go to court though

[Debt Camel]

Re: Help! Claim form Asset Investigation/lending stream

Nothing you have said suggests a good case to defend this Lending Stream debt. If there is no Default Notice, they can just send a new one and start again.

In theory, you could go for an Unfair Relationship defence, but this is far from simple and you would probably need a solicitor. You could put in a payday loan affordability complaint to Lending Stream, but this is harder with a court case already under way especially as your older loans may be over the Ombudsman's 6 years time limit - there is a way around this time limit but it makes everything less certain and takes longer. How many loans did you have from LS before this defaulted one?

I think a much simpler approach would be to look at a Debt Relief Order - this is a simple form of bankruptcy, much easier, and cheaper. I suggest you talk to National Debtline 0808 808 4000 about whether you would qualify for one.

That would wipe out your CCJ, this current court case debt, the Sunny debt, the catalogues and the overdraft. You need to get yourself a new basic bank account with no overdraft facility. Nationwide have a very good one and you won't be rejected because of your credit record.

A DRO is bad for your credit record, but with one CCJ already and another one likely, your credit record is already very poor. It sounds as though you could do with a clean start.

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Thanks for your reply. I've made a series of complaints to LS none of which have been responded to. The original loan was 400 which I paid back then I took out another for 370. So would Asset just be allowed to triple this debt? Surely that can't be right? Also I have CCAd them and they have yet to come up with the goods

[Debt Camel]

Re: Help! Claim form Asset Investigation/lending stream

"A series of complaints" - what about? when was the last one?

[Debt Camel]

Re: Help! Claim form Asset Investigation/lending stream

sorry duplicate post

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

I complained around the time I defaulted because they were harassing me and threatening me. I have sent several letters following this but heard nothing. Recently put in an affordability complaint

[Debt Camel]

Re: Help! Claim form Asset Investigation/lending stream

What was the date you put in an affordability complaint? Was this before you received the Court Claim? Had you informed the debt collector that you had put in an affordability complaint?

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

First one was in March / April no reply so I resent. Court claim dated 25th May. I have indicated that I will defend. As I didn't know anything about the debt collector until I got the court claim I was not able to inform them until last week when I filed A/S. I have also sent them CCA request.

[charitynjw]

Re: Help! Claim form Asset Investigation/lending stream

Do Asset have legal representation? (If they do it should be shown on the court claim).

Also, could you post up, or type verbatim, the Particulars of Claim? (Redact any personal info).

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Hi. No they don't. The address for sending documents where you'd normally expect to find a solicitor is blank.

Asset Collections & Investigations claim this amount in respect of an unpaid loan funded by the **. The defendant failed to abide by the terms of the contract. Asset Collections and Investigations purchased this debt from the ** 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 ** per year from 21/06/2016 to 24/05/2017 on *** and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of **

Hope I've redacted that ok. They did not send me a notice of assignment or indeed anything else. Mackenzie Hall were pursuing this debt for a while in 2012 but when I said I had a dispute with the original creditor they did not contact me again. So really, Asset should have purchsed from MH???