mame
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I have a communication from asset, attached . I cant withdraw counter claim they have only sent a cheque for one order of costs, im owed two lots , any advice convert-jpg-to-pdf.net_2018-08-08_23-06-42.pdf
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Sorry to be a pain but do i make this a counter claim on mcol , i am willing to pay the charge ok andy thanks
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the reason i ask is it says is this a counter claim and i need to pay a fee i dont mind doing that just want to make sure
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The first claim I submitted a CPR 31.14 Request for the usual docs and a cca request. The claimants did not reply and they did not submit witness statement, Went to court and the outcome was. OUTCOME District judge B Gill IT IS ORDERED THAT 1 the claim be struck out 2 the claimant pay the defendants witness expenses in the sum of £72.40 by 25 may 2017 dated 10 may 2017 The second claim was met with the res judicata defence and nothing from claimants no witness statements etc It was ordered that , 1 the case be listed for a preliminary hearing at my local magistrates court. 2 the court is considering striking out the claim on its own intiative because claimant has neither i)explained its failure to attend trial ........... on the 10th may 2017 ii)explained its failure to comply with directions in that case iii)confirmed that it has paid costs awarded in that case. OUTCOME District judge Falvey IT IS ORDERED THAT 1 The claim is struck out under the CPR3.4(2) (b) as being an abuse of the process of court 2 It is recorded persuant to CPR 3.4(6) that the claim is wholly without merit. 3 The claimant must pay the defendants costs in the sum of £81 by the 26th of january 2018. Dated 8 december 2017 Then the third claim arrived. thanks mame
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Ive got all the the court orders and costs and will post them up on sunday will have more time then
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Am i using Res Judicata for my defence again this time? And the claimant failing to follow judges orders? Will need to enter defence soon I am going away for a week fri 29 june thanks
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It was that one andy but thought it was them just getting me to admit. To date have not received any proof i owe the debt. But why would i reply been struck out twice
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Ive come across this Respond promptly – if a Defendant receives any indication that the Claimant may bring a subsequent claim that could be an abuse of process, the Defendant should inform the Claimant of its concerns without delay. Should I have contacted Asset when they sent a letter of claim
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1ST CLAIM Name of the Claimant ? ASSET COLLECTIONS AND INVESTIGATIONS Date of issue – 13 DEC 2016 What is the claim for – 1 Asset collections and investigations claim this amount in respect of an unpaid loan funded by lending stream. the defendant failed to abide by the terms of contract. Asset collections purchased this debt and sent notice of assignment to defendant. 2,The defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the defendant to bring this matter to a conclusion. What is the value of the claim? £620 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan 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. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes by email Did you receive a Default Notice from the original creditor? no Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? Multiple loans could not afford to pay back What was the date of your last payment? sept 2013 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 managementicon plan? Told them i was in financial trouble """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" DEFENCE 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 £601.50 .It is denied the defendant failed to abide by the terms of contract.It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925. 2. Paragraph 2 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.* 3. 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. 4. As per*Civil Procedureicon*Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. 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. """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" OUTCOME District judge B Gill IT IS ORDERED THAT 1 the claim be struck out 2 the claimant pay the defendants witness expenses in the sum of £72.40 by 25 may 2017 dated 10 may 2017 """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 2ND CLAIM 7TH JULY 2017 ASSET COLLECTIONS AND INVESTIGATIONS POCicon: 1.Asset Collections and investigation purchased this debt from the lending stream and subsequently sent a notice of assignment to the defendant to advise. 2.The defendant 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 3.asset collections and investigation 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. 4.the claimant claims interest under section 69 of the county courts act at a rate of 8% a year from 24/06/2016 to 06/07/2017 on £677.11 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.15. 7th July 2017 £835.37 TM LEGAL SERVICES PO BOX 1333 BLACKPOOL No compliance to any requests (cpr,cca,witness statement) """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" DEFENCE 1. 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. The claimants claim is denied having previously issued the same claim on 10th May*in the Luton County Court claim number*C3QZ94DW*which was presided over by District Judge*B Gill* 3 . The claim was Struck Out on*10th May*by the aforesaid District Judge.Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore is barred from re-suing a winning defendant on the same cause of action. (see exhibit 1a) 4. 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. """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" OUTCOME District judge Falvey IT IS ORDERED THAT 1 The claim is struck out under the CPR3.4(2) (b) as being an abuse of the process of court 2 It is recorded persuant to CPR 3.4(6) that the claim is wholly without merit. 3 The claimant must pay the defendants costs in the sum of £81 by the 26th of january 2018. Dated 8 december 2017 ********************************************************************** 3RD CLAIM 1 JUNE 2018 The claimant claims this amount in respect of an unpaid loan,regulated by the consumer crediticon act 1974. The loan was funded by the lending stream. The defendant has failed to make payments in accordance with the terms of the credit agreement. 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. The claimant issued a letter of claimicon. providing the defendant further opportunity to arrange repayment of the outstanding balance,to no avail. The claimant claims interest under section 69 of the county courts act1984 at the rate of8% ayear from 20/06/2016 to 30/05/2018 on £600.50 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.13. £753.82
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The claimant claims this amount in respect of an unpaid loan,regulated by the consumer credit act 1974. The loan was funded by the lending stream. The defendant has failed to make payments in accordance with the terms of the credit agreement. 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. The claimant issued a letter of claim. providing the defendant further opportunity to arrange repayment of the outstanding balance,to no avail. The claimant claims interest blah blah.
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