I don't know if this is the right place to post this.

But does anybody know what I should do if a creditor does not comply with CPR rules on disclosing information.

I have advised the court that I intend to contest the claim, and have requested information from the creditor under the CPR rules but heard nothing back.

Do I enter a defence stating that I have no information on the debt in order to defend it?

Is there a form which I submit to ask for a stay on proceedings?

ANy help would be gratefully received

- I have never done this before.

Thanks

you will need to firsty deny that the sum is owed and the say that it is impossible to submit a proper defence as the particulars of cain do not contain sufficient detail as to the what and why ( enter what is actually wrong) adn state that CPR ( whatever) isnt being follwed so you ask that the claim be dismissed, probably under CPR 3.4

Hi and Welcome to CAG

I have moved your thread to the appropriate forum where we deal with court claims.Financial Legal Issues Forum

Please read the following link and then copy and paste the Q,s and your responses back here for further advice on how to respond to the claim.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**

Regards

Andy

They dont have to comply

Its only a request

Did you also cca..thats fatal..

Use our holding def but get that link done 1st!!

Dont file an embarrass ed defence either...

Thanks, I can't answer any of those questions as I don't know anything about the debt.

The claimant is Asset Collections & Investigations,

I have told the court via the online portal that I intend to defend and have until the 11th to file a defence.

They sent notice of a claim by email the day before I received the court forms.

I sent a CPR request (31.14) on 14th October (day I received the forms) and asked the court for 14 extra days on that day.

I don't have any information about the debt, it is on my credit file but I don't know what it is, hence me sending the 31.14 CPR.

have asked for the agreement

notice of assignment,

default notice,

statement of account and

letter of claim (all which were listed on the claim).

I have still received nothing form them and I have till the 11th to submit a defence.

Where do I find the holding defence?

What do I do after that?

I have found a holding defence but this is also an embarrassed defence it asks for the claim to be on hold as I am embarrassed due to their failure to comply?

I just don't know who the claimant or debt is.

I will be applying for a DRO but I will have to wait until I am not a director of a company.

I am currently a director and I am applying for it to be stuck off companies house as it has not traded for 2 years and I need the DRO, but the process of having it struck off takes 3 months.

Would it be easier for me to agree to the claim and ask for a token payment of £1 for the time being?

This would then be included in the DRO when I can apply for one?

The company has no assets, it is only a company on paper.

I am not afraid of a CCJ, I have no assets or anything for them to take even if the bailiffs came calling and I am currently have minimal income

- I just don't know what the best thing to do is.

you can do that link we want everything is on the claimform you need

or your credit file

it will be an old Payday loan.

there are 100's of asset claimform threads here

the CORRECT defence [not an embarrassed one] is on nearly all of them.

This is the information requested answered the best I can using details from noddle.co.uk.

In order for us to help you we require the following information:-

Name of the Claimant Asset Collections & Investigations

Date of issue – 12 November 2018

Your acknowledgment of service was submitted on 14/11/2018 at 13:55:59

Your acknowledgment of service was received on 14/11/2018 at 16:02:05

Particulars of Claim

What is the claim for –

1. The claimant claims this amount in respect of an unpaid loan, regulated by the consumer credit act 1974. The loan was funded by DJS (UK) Ltd.

2.The Defendant has failed to make payments in accordance with the terms of the credit agreement.

3.The credit agreement was assigned to the claimant, upon which a notice of assignment was sent to the defendant.

The defendant has either failed to respond to the claimant or has failed to maintain regular payments.

4.The claimant issued a Letter of Claim, providing the defendant with a further opportunity to arrange repayment of the outstanding balance, to no avail.

5.The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 24/05/2018 to 09/11/2018 on £1200 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.26.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES THE DAY BEFORE I RECEIVED THE COURT PAPERS

What is the total value of the claim? £1394.45

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? - PAYDAY LOAN

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) - YES

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. - DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I WAS UNAWARE

Did you receive a Default Notice from the original creditor? - I DONT THINK SO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I DONT KNOW

Why did you cease payments? - I lost my job due to ill health and have been on Employment & Support Allowance ever since

What was the date of your last payment? - JULY 2017

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 planicon? - NO, I HAVE ONLY JUST BECOME AWARE OF THIS DEBT

so

Piggy Bank Loans

DJS House,

The Riverside Suite,

Knapp Mill,

Mill Road,

Christchurch,

BH23 2JY

[email protected]

[email protected]

Notes:

Relatively unknown, Still trading. Unsure if uses legal action. Setup in 2012 / 2013 Financial Year.

Firm Name: DJS (UK) Limited

Interim Permissions Reference Number: 651003

…………

so this is on your credit file?

But you have not sent a CCA request for the agreement ?

It doesn't have all that detail, it just says;

Djs LTD

Account type Advance Against Income

Account number **************9122 0

Account start date 17/07/2017

Account end date 01/06/2018

Opening balance £ 915

Regular payment £ 305

Repayment frequency Monthly

Date of default 17/10/2017

Default balance £ 1,042

I have only sent the CPR request for the details to the solicitors who sent me the email the day before I got the court papers. I replied to the email they sent me informing me it would go to court.

Just to clarify, I have not sent a CCA request because I did not know I had to and I didn't know who the debt was from until I was told here it was Piggybank.

CCA request goes to THE CLAIMANT get it away NOW

the original creditor has nothing to do with the debt or the claim

they sold the debt to a debt buyer

they have taken you to court.

not sure where you got the idea the OC needed a CCA request

OK, thank you so much. So, my understanding is I send the template CCA request to Asset Collections & Investigations (the claimant) with £1 postal order. In the meantime I file a holding defence as they have not complied with the CPR? Should I hold off filing the holding defence until the deadline? I have found this holding defence, is this what I should be using? It does mention that the defendant is embarrassed, is that correct? Thank you again.

Defence

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

I know the original creditor is nothing to do with this claim, but I didn't know what this debt was until I was told it was piggybank.

I have also found this one, I think this may be the correct one?

1.The Defendant contends that the particulars of claim are vague and generic in nature. 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.

2. Paragraph 1 is noted and accepted I have in the past had financial dealings with [Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or [Original Creditor]

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and remains in default of my section 77 request, therefore 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; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77/78 request and their solicitors, [name them], have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

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

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

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

its on the claimform and you didn't need to know it was piggybank.

you just use their [the fleecers ref number from the POC or just the claimform number]

don't do their job and tell 'em what its all about!

they shouldn't bring speculative claims without holding all the relevant paperwork

but they all do this 750'000 times a years hoping for a default uncontested rubberstamped judgement where no human checks anything.

defence is not due/by 4pm Friday 14th dec.

Thank you, is the holding defence template the correct one? The one ending

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

Sorry to be a pain, this is the first time I have ever had a CC claim.

possibly but it has to match their paragraph numbers and might change if they cough any docs before its due.

get reading up in the meantime upon whats next and whats to come as the claim progresses thru N180 and allocation to the disclosure stage and witness statements.

use the search CAG box of the top red toolbar

asset PDL Claimform.. or alike

like...

is this TM Legal too?

Thank you so much for your help on this you have been really helpful

. I have sent the CCA request 1st class recorded to the claimant today.

Yes the solicitors is TM Legal.

I will get drafting the defence later on tonight and make sure the paragraphs match up etc and will get reading up on the next stages and hold off posting the defence until closer to the deadline.

I was really worried with the timescale because I was in hospital all last week and time was ticking by so I have been in a panic but I have calmed down now I know that I can put in the holding defence.

I can actually read through these forums calmly without having 10 tabs open flicking between them all in a panic getting nowhere. This forum is a god send, so so helpful.

Thank You.

Thread title updated

Hi All,

The claimants particulars of claim were struck out on 2nd Feb for failure to comply with CPR16.4 and PD16.

The deadline for them to resubmit the PoC including all evidence is 4pm today.

If they miss this deadline, which I am sure they will, what would my next steps be.

From what I have understood they will apply for relief from sanction at some point to submit the PoC and supporting evidence, and I will be asked to agree.

From this point it all seems hazy.

I have read that it would be a good point to ask for the claim to be struck out, but I have also read conflicting advice saying I would have to agree or be seen to be unreasonable as the delay would have no "material impact".

Also, I have to submit an updated defence by 8th March.

If they did not submit an updated PoC, what would my updated defence be?

They have now supplied me with the original credit agreement.

Any help/advice would be greatly received!

Thanks