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

[AndyOrch]

So this is a Pay day Loan which has been rolled over from lending stream.

 

You have 33 days in total if defending the claim in full...19 days to acknolwdge service and a further 14 days to submit your defence (33 days) you can do this on line by registering to use their service (MCOL) instructions are in the response pack.

 

Regards

 

Andy

[AndyOrch]

Send them to the claimants address then

[AndyOrch]

Well normally its the CPR 31.14 that goes to the sols and that is invariably ever complied with ...so as long as you get the CCA request to the claimant you will be fine.

 

Andy

[AndyOrch]

Defence checked...just a few tweaks to your points 1&2

 

Regards

 

Andy

[AndyOrch]

Have they sent you a copy of theirs mame ?

 

Andy

[AndyOrch]

Okay no great deal you may still receive a copy yet ...no worries if you dont.

[AndyOrch]

Not to worry its no big deal

[AndyOrch]

I have now received a court date and need to do a witness statement, will start that tomorrow.

All the papers i rely on in court need to be sent to the sols and the court is that correct? do i need to resend the letters already sent?(cca request and cpr requests)

 

The court has not seen anything yet...hence yes you must send everything you wish to rely on...with any response from the claimant.

[AndyOrch]

Well done mame

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[AndyOrch]

Very much appreciated.

[AndyOrch]

So same process applies again mame....Can we have......

 

Name of claimant

 

Their particulars of claim

 

Date of Claim

 

Amount of claim

 

Solicitors acting

 

Did they comply to previous requests for CPR/CCA ?

 

 

The defence will be different this time.

 

Andy

[AndyOrch]

Many thanks mame....now you need to register and acknowledge service as before...defend all ....well you know the routine.

 

Bump your thread nearer the defence date and I will draft you a suitable response.

[AndyOrch]

Wont just consist of putting them to proof to disclose the necessary that which their claim relies upon ..it will also cover abuse of process and Res Judicata CPR 3.4

 

[Latin, A thing adjudged.]

 

(rayz judy-cot-ah) n. Latin, the thing has been judged, meaning the issue before the court has already been decided by court or another court, with the same parties. Therefore, the court will dismiss the case before it... as being useless.

[AndyOrch]

Have you now acknowledged service mame and stated defend all ?

 

Keep an eye on the time line and post nearer your defence due date.

 

Andy

[AndyOrch]

[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

[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.

[AndyOrch]

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

 

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

[AndyOrch]

[AndyOrch]

Raise it within your witness statement and ask why?

[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

[AndyOrch]

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

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[AndyOrch]

I would suggest a fresh time line with each court claim particular date etc and defence and court outcome would be beneficial mame and help speed up dealing with this claim...so all can be compared in one post.

 

Regards

 

Andy

[AndyOrch]

No keep it here...we need all the history.....but your time line will condense it for easy reference and advice.

[AndyOrch]

Excellent...thanks mame.

 

Well you should know the score by now...acknowledge service...defend all.

 

I dont recall and looking at your previous defences ...but have you ever requested a section 77 or CPR 31.14 on the claims?