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

[mame]

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.

This is harder than i thought here is a rough defence

 

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 however the Defendant does not recall the terms of contract with The Lending Stream.

 

3.Paragraph 2 is denied the Defendant is unaware of any notice of assignment sent by the Claimant.

 

4.Paragraph 3 is noted however the defendant did not enter in to any communication with the claimant because no proof of debt has been sent.

No Default Notice

No Statement of Account

No Notice of Assignment

 

5.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;

 

6.*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 creditAct 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

[dx100uk]

urn not really

 

 

try these:

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=1st+Stop+Recoveries+&sa=Search+CAG#gsc.tab=0&gsc.q=1st%20Stop%20Recoveries&gsc.page=1

[dx100uk]

post 11 here is good too:

http://www.consumeractiongroup.co.uk/forum/showthread.php?460373-1st-Stop-Recoveries-Claimform-old-Uncle-Buck-PDL

[mame]

Hows this

 

Particulars of Claim

 

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.

 

 

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 Procedure*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.

Edited January 9, 2017 by Andyorch
edited

[mame]

Can someone have a look at my previous post i want to put it on mcol tonight if i can , hopefully get a better nights sleep , thanks

[martin2006]

Ive added "or any relief" to the end if your para 5.

 

Looks good to go to me but when is your deadline to file?

 

Personally i would wait for andyorch to approve.

[mame]

Thanks Martin deadline is 4.00pm friday 13 jan

[martin2006]

Yes ive just been back to check the date for filing. Let andy approve, youve plenty of time.

[mame]

OK thank you ive been trying to save a bit money in case it goes balls up, I will wait for andy

[AndyOrch]

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

 

Regards

 

Andy

[mame]

Thanks andy much obliged will put it on tonight

[mame]

Dq sent today one to the Court and a copy to the sols.

 

Still not received anything back from my requests.

[AndyOrch]

Have they sent you a copy of theirs mame ?

 

Andy

[mame]

No Andy nothing at all. Have until the 30th to send back to court

[AndyOrch]

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

[mame]

My DQ has been filed now, still not heard anything from sols or asset.

[martin2006]

It isn't uncommon for claimants and defendants to be given a little extra time to file documents, it isn't strictly adhered to although it should be.

 

If the deadline for serving has passed then contact the court to see if they have filed their DQ.

[mame]

Deadline is tomorrow, will contact the court weds to find out.

[mame]

Phoned the court, they have filed their DQs but have not sent me a copy.

[AndyOrch]

Not to worry its no big deal

[mame]

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)

[dx100uk]

Yes 14 days prior

 

Yes everything

[mame]

ok thanks dx

[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.

[mame]

A quick update.

 

 

Deadline for witness statement was the 23 march sent mine in on time ,

 

 

I phoned the court today and the claimant have not sent theirs in yet but they have paid the fee .

 

 

The court date is may 9 .

On another site the same claimant waited till a week before court date and sent everything in by email with an apology to the judge for not being able to turn up at court and would the judge act on their behalf and strike out the defendants defense and ask for immediate full payment,

 

What can i do if that happens and the court allow it ,

it puts me at a big disadvantage by not seeing their docs for as long as they have had mine.