Asset Collections Claimform - old lending stream PDL

[Betty1977]

Hi I'm going quietly out of my mind.

 

Took out pay day loan with Lending Stream in 2011. Paid it off.

 

Then took out another(£370) and found that I could not repay it as they were asking for £200 per month.

 

I tried to come to an arrangement with them,

they refused and just sent me threatening emails and letters.

Eventually they sold the debt to Mackenzie Hall.

 

I emailed MH and told them I had a dispute with Lending Stream and they did not contact me again.

 

I heard nothing until May this year when

 

I got a claim form in the sum of £1100 from Asset Collection and Investigation.

 

I have acknowledged service and indicated that I have defended.

I have sent CCA request to Asset Collection.

There are no solicitors named on the claim form.

 

I have heard NOTHING from Asset Collection prior to this court claim .

Do I have a defence?

I have asked for advice on another forum and was told that there was nothing I could do defence wise and I should enter into a debt management plan.

 

I don't see why I should because yes I do have debts but I can pay them.

 

What I can't pay is the total amount being asked for by Asset Collection and in any event I contend that I do not owe it.

 

Please can you advise

-I have heard that there are some really good people on this site who speak sense.

 

Sorry that should read 'I will defend'.

[dx100uk]

ofcourse you can and win what a bad forum that sounds

 

can you please complete the following

so we have all the correct info:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[Betty1977]

Thank you!!! See below

 

Name of the Claimant ? Asset Collections and Investigations. No solicitor mentioned.

 

 

Date of issue – . 25/05/2017

 

What is the claim for –

1. Asset Collections and Investigations 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. 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 has 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from 21/06/2016 to 24/05/2017 on £889.50 and also interest at the sam rate up to the date of judgment or earlier payment at a daily rate of £0.19.

 

What is the value of the claim? £1015.01

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Pay day loan

 

When did you enter into the original agreement before or after 2007? After - 2011

 

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? No in both cases

 

Did you receive a Default Notice from the original creditor? Notification that they had assigned to Mackenzie Hall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? They were extortionate and I could not afford them.

 

What was the date of your last payment? April 2012

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Yes I did tell them I could not afford the repayments and offered them £20 per month. They refused to entertain anything less than the whole amount once I had defaulted.

 

Unfortunately I have deleted the emails but there was one that stated that somebody would come round to my house and take things.

 

I know this is not a credible threat but even so it was very upsetting.

My daughter was only 6 at the time.

I have complained to them about harrassment but have had no response.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=asset+collections+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=asset%20collections%20claimform&gsc.page=1

 

 

have a read of these

 

 

dx

[Betty1977]

Thank you. I have acknowledged, stated I'll defend, all as above. Also sent CCA and CPR both to Asset as no solicitors. I have also sent an SAR to Lending Stream. Appreciate your help.

[dx100uk]

not a lot of point in sending an sar to the original creditor if you get a court claim that's not by them

not really sure what purpose it serves either, waste of money

 

 

dunno where it keeps being seen to send one

certainly not here.

[Betty1977]

Sorry I did mean SAR - can't type! A friend suggested I do that because Asset may produce this stuff in court and its good to have sight of it. I'm just desperate to get some kind of defence against these people. Though I very much doubt that Lending Stream will even reply.

[Old Cogger]

lending stream will have to reply as it a regulated request failure of which the ICO will be told by you and then they would be told to follow rules. a SAR has as shown in the past a mine of information which peeps did not have to hand and cases amended to cover shortfall in paperwork if shown to be ther case, £10 worth while for most people as many of us found out lately.

[phil73]

Thanks that's good to know

[dx100uk]

Sorry I did mean SAR - can't type! A friend suggested I do that because Asset may produce this stuff in court and its good to have sight of it. I'm just desperate to get some kind of defence against these people. Though I very much doubt that Lending Stream will even reply.

 

 

that's why you send CCA and CPR

what you hold or know about you keep quiet unless useful

its what the CLAIMANT produces that's used.

[Betty1977]

I've sent it now...I'll just see what comes back. I'm not convinced that anything will - nothing has been received as a result of CCA/CPR and I sent them last week. I suppose that isn't long though.

[dx100uk]

well whatever you get back in the SAR from LS you keep quiet about

its not for YOU to gather evidence to prove yourself guilty..think about it...

[Betty1977]

Very true....I would like to see how they seek to justify their interest rates though.

 

 

what I'm seething about the most is that they are trying to take me to court for a ridiculously inflated amount

- the original debt plus interest wasn't anywhere near what they are claiming!!!!

 

 

I can't see how that is ethical let alone legal.

[phil73]

Hi all. Just an update here nothing received from Asset yet. So I don't send my defence until the last minute is that correct?

[AndyOrch]

Defence must be submitted by Monday 26th June 4.00pm...start looking at some similar threads and defences in preparation.

 

Regards

 

Andy

[Betty1977]

Please would somebody have a look at my draft defence and tell me if it's ok. Thanks in advance

 

The Defendant received the claim *** from the Northampton County Court on 29th May 2017

 

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3: This appears to be for a pay day loan agreement regulated under the Consumer Credit Act 1974. The Claimant states the claim relates to a loan account with **but without further details the Defendant is unable to identify such an account. The particulars of claim fail to state when the agreement was entered into.

 

4.It is denied that the Defendant failed to respond to the Claimant because the Defendant did not receive any correspondence from the Claimant. Thus the Claimant has denied the Defendant any opportunity to resolve this matter prior to court action.

 

5: The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess her position with regards the claim.

 

6. The Claimants statement of case states that the account was assigned from the Original Creditor to the Claimant on 21st June 2016. The Defendant does not recall receiving notice of this assignment. The Defendant believes that the Claimant needs to prove that they own this alleged debt via a deed and not just a Notice of assignment and they need to be put to strict proof that they have such.

 

7. It is denied that the Original Creditor served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

8: On the 6th June 2017 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand

 

9. The claimant has not sent any of these documents to the Defendant.

 

10. On the 30th May 2017 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

11. The Claimant has failed to comply with s78 (1) of the Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

12: The Defendant has asked the Claimant if the proceedings could be suspended pending resolution of a complaint I have outstanding with the Original Creditor under the FCA rule CONC 7.14.1: (1). There has been no response to this request.

 

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14. The Defendant requests that the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case else the Claim should stand struck out.

 

15. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment. 16. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true.

Edited June 19, 2017 by Andyorch
Spaced.

[dx100uk]

put some line breaks in please

[AndyOrch]

Done