Loan in partners name who is currently in very bad mental health.

Have a claim form for old Lending stream loans from Asset collections.

He wont be able to go to court, can I try and defend this or is it pointless?

Also they have lumped at least 3 maybe 4 loans into one for this claim, can they do that?

I know you will ask for the info from the letter but I probably wont be able to post it up until tomorrow sorry.

OK have you acknowledged the claim form yet?

Can you fill this in please:http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

welcome

can you complete the following please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

which gives us the required info to help you

dx

lots of previous claims here already

easily deal with.

Thank you for replying, will be back with the info as soon as I can. Probably be the morning now though.

Name of the Claimant ? Asset Collections & Investigations Limited

Date of issue – 30th May 2017

What is the claim for –

1.Asset Collections & Investigations claim this amount in respect of an unpaind loan funded by The Lending Stream. The defendant failed to abide by the terms of the contract.

2.Asset Collections & Investigations purchased this debt from The Lending Stream and subsequently sent a a notice of assignment to the defendant to advise.

3.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.

4.The claimant claims interest under section 69 of the County Courts Act 1984 at he rate of 8% a year from 2016 to 2017on £2500 and also the interest at the same rate up to the date of the judgement or earlier payment at a daily rate of £0.55

What is the value of the claim? £2500

Is the claim for – payday loans 3 maybe 4 lumped into 1

When did you enter into the original agreement before or after 2007? after

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment?*Not that I remember

Did you receive a Default Notice from the original creditor?*Possibly via email not through the post as far as I can remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No*

Why did you cease payments? Payday loan cycle, couldnt afford it anymore

What was the date of your last payment? Dont know

Was there a dispute with the original creditor that remains unresolved?*No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a*debt management plan?* Yes they weren't interested so I didn't try too hard

doesn't say multiple loans in the particulars of claim, which it must

doesn't say loan either?

No it doesn't have just double checked.

I knew Asset were chasing the debt

last year in September I think it was they wrote threatening court action

I asked for help on another forum and I was told ignore it it wouldn't go anywhere.

It was empty threats.

But as far as I can remember there was no notice of assignment.

I'm sure this is multiple loans as I think there was 3/4 that were defaulted on.

The largest being in the region of £500 all coming in at around £1000 give or take a little

well don't assume

put them to strict proof

but that's for later

next steps...

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

Thank you - only I don't think there is any solicitors mentioned on the claim form what do I do about the CPR?

to the claimant then

Thanks

About the CPR - the only document that was mentioned in the particulars was the notice of assignment so thats all I put in the letter.

Thats correct isnt it?

Also is there anything else I need to do right now? Im supposed to be going away on Sunday and wont be back til the 29th .... if we go.

and the default notice as it must have been defaulted to be sold on.

agreement too even though they omit to mention its under the consumer credit act and that they need to produce it.

your defence is due 4pm Friday 30th

will you not have internet access and atleast know if any mail arrives?

you've already wasted 16days of your 33!!

I didnt get the letter right away, our mail is pretty hopeless.

I doubt they are going to send me anything but I will be able to find out if anything comes.

Should have internet access but wont know til I know.

How do I write a defence?

Im just reading some other cases now

The date on the claim for is the 30th May if I get 33 days dont I have slightly longer?

that date is one in the count...

day 33 is a w/end

you need to file via mcol by 4pm on the Friday.

you cant really write a defence yet because they might well reply to CCA/CPR

and that might chance what you need to write.

so, as long as you can get any docs scanned up to here, IF you get any

we should be able to help you.

Thanks for your help its appreciated.

Im not going to be able to get anything scanned up til I get back. Im screwed

I am doubting they are going to send me anything , obviously I cant be sure I know this but have a very strong feeling dues to what they are claiming and what the loan amounts were.

you're not screwed we'll sort it.

there are numerous threads here already on this lot too

several claims infront of you already

those will help you.

go read

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=asset+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=asset%20claimform&gsc.page=1

Thanks just been reading some of those Asset ones. Its the court part that bothers me I highly doubt Ill get my partner to go to court to defend this. Will keep reading anyway

Submit your defence before you go away...I wouldn't hang around waiting on a CPR response that may never happen...submit your defence then you can relax and enjoy your jollies.

Andy

Does this look ok for my defence? I have not had any replies to my cca or cpr. Thank you

Particulars of the Claim

1.Asset Collections & Investigations 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.

2.Asset Collections & Investigations purchased this debt from The Lending Stream and subsequently sent a a notice of assignment to the defendant to advise.

3.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.

4.The claimant claims interest under section 69 of the County Courts Act 1984 at he rate of 8% a year from 2016 to 2017on £2500 and also the interest at the same rate up to the date of the judgement or earlier payment at a daily rate of £0.55

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £2500. It is denied the defendant failed to abide by the terms of contract.

2. It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

3. Paragraph 3 is denied the Claimant has not made any contact or followed any Pre-Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.*

4. By reason of the facts and matters set out, it is denied that the Claimant is entitled to the relief claimed, or any relief.

5. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

Submit your defence before you go away...I wouldn't hang around waiting on a CPR response that may never happen...submit your defence then you can relax and enjoy your jollies.

 

Andy

Sorry Andy, didnt see this till it was too late.

looks good.

Thank you dx

Apart from you not stating that you have sent a CPR 31.14 and CCA Section 78 request ?