Help! Claim form Asset Investigation/lending stream

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Thanks will do. Can't log into MCOL it's just saying user not known. I'll send the defence by email. If the claim date was 25 May I've got until the end of June haven't I?

[MIKE770]

Re: Help! Claim form Asset Investigation/lending stream

Claim responses & directions:
ccbcaq@hmcts.gsi.gov.uk

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Thank you

[charitynjw]

Re: Help! Claim form Asset Investigation/lending stream

If the claim date was 25 May I've got until the 27th of June haven't I?

Ifypfy

[MIKE770]

Re: Help! Claim form Asset Investigation/lending stream

send any defence day before then they have no time to trash your defence when they have to resond

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Good point

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Please can anyone let me know if this will be ok for a defence. I will use the format above.

The Defendant received the claim xxxxx from the Northampton County Court on 29^th May 2017

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This appears to be for a pay day loan agreement regulated under the Consumer Credit Act 1974. The Claimant states the claim relates to a loan account with xx but without further details the Defendant is unable to identify such an account. The particulars of claim fail to state when the agreement was entered into.

4.It is denied that the Defendant failed to respond to the Claimant because the Defendant did not receive any correspondence from the Claimant. Thus the Claimant has denied the Defendant any opportunity to resolve this matter prior to court action.

5: The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.

6. The Claimant's statement of case implies that the account was assigned from the Original Creditor to the Claimant on 21^st June 2016. The Defendant does not recall receiving notice of this assignment. The Defendant believes that the Claimant needs to prove that they own this alleged debt via a deed and not just a Notice of assignment and they need to be put to strict proof that they have such.

7. It is denied that the Original Creditor 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.

8: On the 6^th June 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following:
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand


9. The claimant has not sent any of these documents to the Defendant.

10. On the 30^th May 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s78 (1) of the Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: The Defendant has asked the Claimant if the proceedings could be suspended pending resolution of a complaint I have outstanding with the Original Creditor under the FCA rule CONC 7.14.1: (1). There has been no response to this request.

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. The Defendant requests that 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.

15. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the 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.

[kaput]

Re: Help! Claim form Asset Investigation/lending stream

Hi Bettyregrets,

In the particulars of claim did Asset Collections & Investigations promise to send you a detailed claim within 14 days of service, and if so did they keep their promise?

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Hi. No they didn't and I have heard nothing further from them despite CCA and CPR requests

[syco110]

Re: Help! Claim form Asset Investigation/lending stream

I have received a similar claim from asset and just found this forum ,which has been very helpful. Thank you all. My case is slightly easier as I never entered into a contract with Lending Stream and as such there was no debt owed or breach of any contract terms. My details were used for fraudulent purposes and my bank cleared this up. I am in the process of drafting my Defence.Could it be argued that in this instance the Defendant's have no cause of action .

Has anyone made any offers to the Defendants to discontinue. I think that would be a good tactic especially after a strong defence.

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

I have asked them to put the proceedings on hold as I have an outstanding complaint with LS which is with the Financial Services Ombudsman but of course no reply. In your case if your bank has proved that there has been fraud then surely their claim will be struck out?

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

Well I have had a response from LS eventually but only once the Ombudsman got involved. They have offered to write off another loan I have with them but insist that they carried out affordability checks etc. This is fine but the debt I'm defending is now out of their hands. Does this help or destroy my case? Any advice gratefully appreciated

[jon34]

Re: Help! Claim form Asset Investigation/lending stream

Well I have had a response from LS eventually but only once the Ombudsman got involved. They have offered to write off another loan I have with them but insist that they carried out affordability checks etc. This is fine but the debt I'm defending is now out of their hands. Does this help or destroy my case? Any advice gratefully appreciated

IMO I don't think that it would be detrimental to your defence. If anything it could very well strengthen your Defence if you have mentioned IR lending/ unfair relationship as part of your defence. However I would await further input from the more experienced members on this site.

I would indeed question whether Asset Collections Actually have the full legal Assignment of this alleged debt under Sec, 136 of the law of property act 1925.

They may well have produced a Notice of Assignment, but that's all it is A notice, not a legal document of ownership of a debt. The only way to verify this is by way of Deed of Assignment.

These Debt purchase companies are all well and good moaning that the Deed of Assignment is a commercially sensitive Document, well, that may be the case for pre court action, However once they have instigated court action Then they should be put to strict proof that they are available and produce them at the final Hearing.

I am of the opinion( That these so called Deeds of Assignment) are not so much commercially sensitve, but are not legaly enacted, and these companies hide behind the sensitivity issue. " This is just my opinion".

However I will say this in respect of Notice of Assignments and this should give you food for thought.

" I had a pay day loan with Wonga. In 2014 I received a goodbye letter from wonga informing me that they had sold and legaly assigned this to Mackenzie Hall. I also received a letter from Mackenzie Hall stating that They were the new legal owners with all rights and title from wonga.

I totaly ignored all letters from Mackenzie Hall. Then in late 2015 after the Big Investigation By the F.C.A into pay day lending of which wonga was the focus of at the time. I received both an email and letter from wonga that they will cancel the debt and remove all adverse information from my credit files, which they did.

Now. Here is the open question????

Why did wonga if, as they claimed they sold all their legal title and right to Mack Hall do this ????

you have to ask the question? Did they legally sell it ? and if they did, did macenzie hall sell it back to wonga ?? they must have if they were the legal owners.


Makes you think If it was Really legally assigned
[MENTION=1937]nemisis[/MENTION] @dianna [MENTION=813]Warwick[/MENTION]

[Bettyregrets]

Re: Help! Claim form Asset Investigation/lending stream

That's very interesting. I have still received nothing from Asset. I got my court forms through yesterday and I'm going to tick mediation because I don't think I can go to court. Of course I will if I have to but praying there's a way out of this

[jon34]

Re: Help! Claim form Asset Investigation/lending stream

That's very interesting. I have still received nothing from Asset. I got my court forms through yesterday and I'm going to tick mediation because I don't think I can go to court. Of course I will if I have to but praying there's a way out of this

Have you had the DQ from the court yet ?