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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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asset/TM legal claimform - old Lending stream PDL ***Struck Out Twice & Costs***now third claim issued


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id send MMF the 2 strikeouts with costs proof

 

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

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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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

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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.

IMO

:-):rant:

 

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  • 4 months later...
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.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

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

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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.

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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

We could do with some help from you.

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

We could do with some help from you.

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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

 

 

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

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.

 

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

 

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

 

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

 

 

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)

 

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

 

 

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.

 

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

 

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

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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?

We could do with some help from you.

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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

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

We could do with some help from you.

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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

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

We could do with some help from you.

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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

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Did you not respond to the letter of claim ?

We could do with some help from you.

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We could do with some help from you.

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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

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But you didnt reply to it .

We could do with some help from you.

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