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WOOD73

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  1. just to be clear point a should read a) show how the Defendant has entered into an agreement; and Is this correct? Thanks
  2. Ok Have not received any responses, so after a bit of research have come up with- 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. I have had Accounts in the past with Ferratum UK Ltd. 3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served. 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, Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.On the alternative, if 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 82A of the consumer credit Act 1974. 7.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. Is this ok?, I only have a few days left to enter defence.
  3. whilst waiting for a reply should I be thinking about a defence?
  4. Does the Cpr 31.14 Have to be posted or can it be emailed?
  5. date of claim is 24th july Have acknowledged and clicked defend. In work now so will get them done and sent tomorrow.
  6. In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] Name of Claimant - asset collections Date of issue – 24/07/19 Particulars of Claim What is the claim for – the reason they have issued the claim? - 1.The claimant claims this amount in respect of an unpaid loan, regulated by the consumer credit act 1974. 2.The loan was funded by Ferratum Uk Ltd. 3.The defendant has failed to make payments in accordance with the terms of the credit agreement. 4.The credit agreement was assigned to the Claimant, upon which a Notice of Assigment was sent to the defendant. 5.The defendant has either failed to respond to the claimant or has failed to maintain regular payments. 6.The claimant has issued a Letter of claim, providing the defendant with a further opportunity to arrange repayment of the outstanding balance to no avail. 7.The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 11/02/2019 to 23/07/2019 on £430.00 and interest at th same rate up to the date of judgement or earlier payment at a daily rate of £0.09 What is the total value of the claim? £530.27 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not that I recall Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no Did you inform the claimant of your change of address? n/a 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 ? 2015 so after Do you recall how you entered into the agreement...On line /In branch/By post ? online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes showing as settled 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 to asset collections, they are the claimant Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall Did you receive a Default Notice from the original creditor? I think so back in 2015 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall Why did you cease payments? Became unemployed due to business failing What was the date of your last payment? would been sometime I 2015 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? No
  7. I have received a claim form today regarding a ferratum pdl taken out in 2015. The claimant is Asset Collections & Investigations, and the contact details are TM Legal Services ltd. The particulars of claim state it was a loan funded by ferratum UK Ltd but no date. The credit agreement was assigned to the claimant, but again no date. I do recognize the debt with ferratum but have never heard of asset collections. Can anybody help with the best way to proceed?
  8. Ok thanks for the advice, ill have to have a long hard think
  9. if i vt then i would end up paying equivalent to 2 years further payments as it was a 5 year term?
  10. I do like the car but being realistic, being such a short way into the agreement cant see it being much of an option
  11. Hi I have a car on finance with moneybarn, and I'm not sure I can continue to afford the payments. I took out the agreement last august and have had no problem, however in January this year due to a contract not being renewed (another story) my business failed and I have had to take a job which resulted in my income dropping by around £1000 per month. I am not in arrears, but after reading horror stories of people in difficulty I am hesitant to contact them just yet. Could anyone advise of my options? Thanks
  12. Ok, thank you N244 filled in to be sent Monday morning.
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