Hi

Been a while since I posted after being very active here once upon a time..

.about 6 years ago I got a few pay day loans (marriage split at the time, living away)

At the time none of these places were doing the correct checks to see if you could afford the repayments.

Wonga have previously written off £900 with me for the same reason...

One or two others haven't bothered.

Lending Stream sold this particular one to Asset and they've been chasing ever for a while...

They have now taken me to court,

despite my repeated requests for proof that the correct credit checks were carried out

(I couldn't afford to repay the debts at the time as had too many going on)

P

, they simple ignored all my requests and I now have court date.

As you can see from below,p

they aren't bothering to send anyone as the debt is such a small amount (as they say).

My argument here is still that they haven't proved the correct checks were carried out..

.Is this going to be ok to go to the judge with?

Also going to say that loan might be small in their eyes but it isn't in mine and I have taken a day off work to attend...

This is their letter to the judge ...

They have (what they say) is the original agreement

- was online so not sure how I can prove otherwise.

I write in regard to above case and the hearing that has been listed for the ******

The Claimant respectfully begs your Honour to excuse the Claimant’s non-attendance in person and kindly ask your Honour to accept this letter as written notice of non-attendance in accordance with CPR Rule 27.9 1(a).

We hasten to add that no disrespvectfulness is intended by our non-attendance,

but we wish to save costs having particular regard to the fact that the claim is small.

We ask the court in accordance with CPR 27.9 (1) © to deal with this application in our absence.

We wish to ask your Honour to consider the reasons set out within our Witness Statement attached as to why the Claimant does not agree with the Defendants defence.

In light of this the Claimant humbly asks your Honour to dismiss the Defendants defence and enter Judgment for full balance immediately.

We also add that we have not received any documentation from the Defendant in support of his defence for the hearing.

Please also be advised that a copy if this Witness Statement and Evidence has been sent to the Defendant via email.

We thank you for your time in this matter and look forward to hearing from you in due course.

With regards,

So what were the particulars of their claim?...what defence did you submit ?....what did you put in your witness statement ?

Have you done a witness statement and complied with court directions ?

No use posting the last sentence of the book unless we know the full story with chapters.

The following thread will outline how you should have dealt with the claim......PS. the exact same letter you posted above is also used.

https://www.consumeractiongroup.co.uk/forum/showthread.php?478434-Asset-Collections-claimform-Multiple-Lending-Stream-PDls-in-one-claim/page5&highlight=Asset+Collections

Andy

Note:- (The Claimant respectfully begs your Honour to excuse the Claimant’s non-attendance in person and kindly ask your Honour to accept this letter as written notice of non-attendance in accordance with CPR Rule 27.9 1(a).)

What a load of unconcianable bullsxxx, pathetic worded as per a child may write, if I was a DJ and see that I would question the audacity of such a mumble jumble and put me on the wrong side before the hearing. = Pathetic is the watch word here.

+1^

+2 would like to see the judges face when he reads that

That is how you serve notice in accordance with CPR Rule 27.9 1(a)...okay its a little cheesy and creepy but the format is correct ?

The Fact is I dont think Asset collections have any intention of Attending court and are relying on the court to rubber stamp their claim.

If you can you need to Attend.

If only to cast any doubt to Their Claim.

But as you Have been asked.

1, Did you enter a defence ?

2, Did you receive their Witness Statement ?

3, How Did you respond to their Witness Statement.

Let us Know please

+3

Oh by the way

This Company does not,in, My experience respond anything.

Be that a Directions Questionaire

Or Witness statements

Or comply with Judge's Directions on case management.

The Fact is I dont think Asset collections have any intention of Attending court and are relying on the court to rubber stamp their claim.

 

If you can you need to Attend. If only to cast any doubt to Their Claim.

 

 

But as you Have been asked.

 

1, Did you enter a defence ?

 

2, Did you receive their Witness Statement ?

 

3, How Did you respond to their Witness Statement.

 

Let us Know please

They are not attending ..hence their Notice served pursuant to CPR Rule 27.9 1(a) (see above)

Sorry

Have not been able to get back here until now.

Yes,I did enter a defence.

I have said all along to them that there was a complaint in against the original lenders re irresponsible lending.

That got ignored and with this lot

I've told them the same and also asked them several times to produce the proof that the correct credit checks were carried out....nada

I will tell and show all the above to the judge and make a point that I've bothered to turn up, unlike them....

Unless there's something more I can go with?

can you fill this out so we have everything we need to properly advise you:

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

I'm afraid I have got my dates mixed up.

For some reason in my mind I was going to court 16/11/17..

.I got the month wrong and it's actually tomorrow...Jesus H....

I've been going through all the old stuff I have and it's interesting that on the 2nd April 2013 they send me an email saying they happy to waive interest etc and would accept £10 per month til it's paid (they'd reduced it to less than £200 - original amount borrowed was £110),

I agreed on the basis that they answer my complaint re irresponsible lending yet 6 days later they sent me another Email saying they couldn't collect the [original] amount due so they had no choice but to give the debt to Muck Hall...

.I wrote to them again about this, they ignored and after telling Muck Hall til I was blue in face about it, next thing I know it's with Asset and it's going to court for an amount of nearly £350.

can you fill this out so we have everything we need to properly advise you:

 

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

but you filed your witness statement yes?

dx

Yes I did...

well I've a few hours if you have

if you want to scan up their WS+exhibits

and your WS +exhibits

each to ONE MULTIPAGE PDF ONLY!

read the upload guide

i'll see if my brain helps.

I'll see if I can do just that but I can't seem to find my WS ? Very confused...I think I've gone about this in a rather naive way and I fear for myself...

I'll see if I can upload now

Regards

well I hope its not like your Sherlock Holmes defence....

Yeah, I'm sorry about all this- so disorganised it must wind you up something chronic...

I will try and sort these PDFs, if I cant do it in the next 15 mins then I'll just have to call it quits and go to court with what I can...

Just one thing I notice as I try to do this..

.On their court documents they say this:

On and with effect from 21 June 2016 the assignor assigned to Asset Collections & Investigations (Assignee) all its rights, title, interest and benefits in and to the Assigned Documents and the Debt.

yet on the original Emails , it says this....

On and with effect from 23rd August 2016 the Lending Stream LLC assigned to Asset Collection & investigation limited all its rights, title, interest and benefits in and to the Assigned Documents and the Debt.

confused....

wouldnt worry about that.

they are indicating [wrongly] they wont be attending

I expect they will.

what you need to remember is no comms you have had with the original creditor nor any DCA since

other than the claimant and their solicitor makes any odd unless you have copies and have sent these as an exhibit and referred to them in your WS.

its difficult to understand who you've called, emailed or written too

but nothing that is not included by either party in the WS can be referred too.

Thanks so much for your time- I wont waste any more of it.....Cant do these PDFs and I'm not sure of my WS...so looks like a win for them.....thanks again

doubt it..

have they provided any agreements or documentation...

Had a very understanding judge today. He has given me a week to get a proper (and correct) WS in to the court and the other party.

I am way too tired to get this done tonight but I'll be back on over the next couple of days to work on it, post it here and see what you think. Their WS, I notice, contains some untruths and even spelling errors...Think I can tear it apart, if just a little bit

Thanks again

need to action post 14 then

their WS

my WS+ exhibits

They also have the NOA and Default notice . I spoke about the NOA in my WS and the default notice looks ok

Here's the rest

CAGfile.pdf

cag4.pdf

cag3.pdf

cag2.pdf