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    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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


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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

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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.

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IMHO no

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?

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

 

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

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  • 1 month later...

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.

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  • 3 weeks later...

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?

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Raise it within your witness statement and ask why?

We could do with some help from you.

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  • 4 weeks later...

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 by mame
grammer
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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

We could do with some help from you.

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  • 1 month later...

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

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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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.

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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 :-D

excellent,

did you get all your costs

IMO

:-):rant:

 

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scan the letter up please

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

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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

IMO

:-):rant:

 

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