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

[dx100uk]

id send MMF the 2 strikeouts with costs proof

 

eh MMF you've been sold a lemon!!!

[mame]

How could it have been assigned on 31/08/17 if asset were taking me to court then with the same debt, just a load of lies.

 

I will send mmf a copy of the strike outs ,thanks DX

[Guest]

How could it have been assigned on 31/08/17 if asset were taking me to court then with the same debt, just a load of lies.

, abuse of process.

[mame]

Would you believe me if i said ive had a letter of claim from asset, could be triple turkey.

would they really be that stupid?

[brassnecked]

Would you believe me if i said ive had a letter of claim from asset, could be triple turkey.

would they really be that stupid?

Yes, it's about time that debt buying was made unlawful, as the OC has already written it off against tax and only wants to get a little extra back by selling it on.Sure the team will have some suitably vitriolic comments and advice.

[mame]

Hi all yes you guessed it I have received a 3rd court claim from asset collections I will give details of the poc but its the same more or less as the last two. How shall i proceed.

 

thanks.

 

mame

[jon8214]

Hi Mame, yes please post up the same info as previously done

 

I'm sure DX and Andy will have some choice words about this

[mame]

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.

[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

[mame]

Ok andy will do that tomorrow.

Start a new thread

[AndyOrch]

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

[mame]

ok andy understood,

[mame]

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

 

 

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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.

 

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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

 

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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)

 

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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.

 

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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

[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?

[mame]

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?

 

Yes and done AOS and did request documents but to date have not received anything

[AndyOrch]

Never received a response to the 2 previous claims CPR/CCA ?

[mame]

Never received a response to the 2 previous claims CPR/CCA ?

 

Nothing andy no docs . no costs . wonder if they spent the cca pound postal order

[AndyOrch]

Okay well perhaps a counter claim with this defence for the previous costs

[mame]

whatever you think is best andy thanks.

[mame]

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

[AndyOrch]

Did you not respond to the letter of claim ?

[mame]

No Andy it was the usual pay now guff

[AndyOrch]

So not the following ?...just with your referring to a Letter of claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[mame]

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

[AndyOrch]

But you didnt reply to it .