ACI/TM legal claimform - old Lending stream PDL ***Struck Out Twice & Costs***now third claim issued

[mame]

Right Andy how will this defence go need to get it in this week, thanks

[AndyOrch]

Due next Tuesday mame ...I will be shortly drafting the same defence for yourself and Burgesfan...same claim same date in the link above provided by DX.

 

So keep an eye over the next few days.

 

Andy

[mame]

ok thank you andy , I just get the jitters near the time,

[AndyOrch]

Particulars of Claim for reference only

 

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

 

 

 

########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 xxxxxxxxx in the xxxxxxxxx County Court claim number xxxxxxxxx which was presided over by District Judge xxxxxxxx (See exhibit 1a)

 

3 . The claim was Struck Out on xxx xxxx xxxx 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 1b)

 

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.

[mame]

Nice one andy will get it in directly

[mame]

I dont need to mediate on the allocation questionnaire this time do i ?

[dx100uk]

IMHO no

[Ethel Street]

Just curious, but can

 

"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"

 

really be a valid grounds of claim in an English court?

 

For it to be valid wouldn't there have to be a legal duty on debtors to engage with creditors for the purpose of "attempting to bring the matter to an amicable conclusion"?

 

Is there such a duty?

If not how can you bring a claim of the basis of breach of a duty that doesn't actually exist?

 

Or this this just any old carp they think might make someone pay them?

[AndyOrch]

I think it should read......2.The defendant failed to respond to the claimant

 

they just need a little more practice drafting particulars.....

[mame]

Hi a quick update , a general sanction has appeared on mcol I dont think the claimant has returned their directions questionaire.

Im up to date with everything so it must be them.

[AndyOrch]

[mame]

They have now filed their dqs only 3 weeks late.

I have now been transferred to my local court.

[mame]

I have looked at the sanctions order and the claimant have failed to comply , they had till 17th sept to comply but did not untill the 27th sept.

Why are the court so lenient?

[AndyOrch]

Raise it within your witness statement and ask why?

[mame]

I have news, I received a letter from the court that there will be a preliminary hearing .

 

The court is is considering striking out the claim on its own intiative because the claimant has neither

1 explained its absence from court in case ........... on may .. th 2017

 

2 explained its failure to comply with directions in that case

 

3 confirmed that it has paid costs awarded in that case

 

It does not say anything about sending witness statements but i will be attending and taking all my paperwork .

 

is there anything else i should do?

thanks

Edited October 28, 2017 by mame
grammer

[AndyOrch]

Just attend the hearing and push for it to be struck out...the court could/should impose sanctions

 

I assume the claimant has requested relief from sanctions...hence the hearing

[mame]

Good News struck out again, The Judge made sure he put abuse of process on the order.

No show from the claimants ,

Thanks for every ones help. Special thanks to andy and dx

[AndyOrch]

Well done mame..hopefully that will be an end of this nonsense.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[mame]

Well done mame..hopefully that will be an end of this nonsense.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

 

Thanks Andy I did ask the judge can you stop another claim , he said its probably at that stage now and if a new claim was put in it would go to a higher judge to make an order.

[Guest]

Good News struck out again, The Judge made sure he put abuse of process on the order.

No show from the claimants ,

Thanks for every ones help. Special thanks to andy and dx

excellent,

did you get all your costs

[mame]

excellent,

did you get all your costs

 

Yes with costs

[mame]

I have News Asset have sold the debt to MMF but it has been assigned from lending stream to MMF .

im confused.

[dx100uk]

scan the letter up please

read upload

[mame]

CUSTOMER REFERENCE:

CURRENT OUTSTANDING BALANCE:

 

Dear

 

Welcome to Motormile Finance UK Limited (MMF).

 

We are writing to advise you that your lendingstream.co.uk account has been sold to Motormile Finance UK Limited (MMF).

 

We are pleased to advise that upon purchasing your account, we have removed interests and charges totalling £40.00 applied by lendingstream.co.uk, as a gesture of goodwill.

 

Whilst the conditions of your account will not change, we have allocated a new reference number (shown above) which replaces any previous reference numbers you have had, if you have existing accounts with us. You must now use this reference in all future correspondence or contact and ensure that you send all payments and communications to MMF using the contact details found here at http://www.mmile.com or by visiting our self service portal at http://www.mmile.com/myaccount

 

Click here to download your goodbye letter from lendingstream.co.uk, please note you will need to enter your date of birth.

 

 

The transfer assigns all of lendingstream.co.uk’s rights as the owner to Motormile Finance UK Limited. Your legal rights will not be affected by this transfer. The effect of the legal assignment is that MMF now own the debt and perform all obligations as stated in your agreement, this includes the collection of any outstanding balance.

 

How we help our customers;

 

Tailor an affordable repayment plan and give you peace of mind that this is set up – if you have an existing plan with us we can adjust this to include this account. If this is the case you will need to call us and we will do this for you.

 

Ensure that we are always flexible and put the customer first.

 

Never expect you to pay more than you can afford.

 

Offer our expertise in dealing with sensitive and or difficult circumstances

You can manage all of the accounts you hold with us, and set a payment plan securely by registering with our secure on line customer portal at http://www.mmile.com/myaccount

 

If you would prefer you can email us at [email protected] or call us on 0113 887 6876.

 

If you would prefer to set up a standing order or direct debit without registering on our portal we have attached a mandate here for completion and return.

 

We will send you a statement of your account shortly for your ease of reference and look forward to hearing from you within the next 5 days. However, if you believe any of the information we hold is incorrect, please let us know immediately.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

 

Please note: if you choose to communicate with MMF by email, unless otherwise advised by you, we will accept this as your consent to use your personal details to contact you by electronic means (email) with information about your account(s) which may include collections activity, negotiations and other services and products.

 

We are authorised and regulated by the Financial Conduct Authority in respect of consumer credit regulated agreements.

MMF is the trading name of Motormile Finance UK Limited, a company registered in England and Wales with company number 06637307.

Our registered office is Protection House, 83 Bradford Road, Leeds LS28 6AT. http://www.mmile.com

convert-jpg-to-pdf.net_2017-12-15_21-07-53.pdf

[Guest]

some a/c number still showing in upload.

 

but, seems just an old assignment. they can go whistle. no court action will ensue following their formal abuse of process