Asset Collections claimform - Multiple Lending Stream PDls in one claim

[AndyOrch]

Submit your defence before you go away...I wouldn't hang around waiting on a CPR response that may never happen...submit your defence then you can relax and enjoy your jollies.

 

Andy

[AndyOrch]

Apart from you not stating that you have sent a CPR 31.14 and CCA Section 78 request ?

[AndyOrch]

Well he did send CPR/CCA requests n that thread...but looking at the particulars..they didnt mention any documents to utilise CPR

[AndyOrch]

Sorry Im unsure what I should be editing - I did send CCA/CPR requests .... I didnt get anything back. Then why have you not stated it within the defence ?

 

Are you saying to add that I sent the request? Yes...The CCA in particular.

 

Sorry for being a bit slow.

 

Not a problem the example you have used also failed to mention...but the particulars in that claim did not warrant the reference being in the defence...although it should have at least referred to the CCA section 77 being made.

 

Regards

 

Andy

[AndyOrch]

Normal..its part of the allocation process

[AndyOrch]

It will be the Notice of Allocation containing the courts directions thats all...follow the court directions and submit the requested by the dates stated...its normal part of the process .

[AndyOrch]

Search (top right under our Logo) Notice of Allocation and/or witness statement and/or Standard Disclosure.

[AndyOrch]

Already advised in my post #40 re search to get an idea.

 

The directions state that you have to disclose all documents relied upon and referred to either in your defence or witness statement...if you dont disclose it you cant use it.

 

I doubt you have referred to postage receipts within your defence or credit reports.

 

If they fail to supply their disclosures and ws by that date inform your local county court and ask they impose sanctions for failing to comply.

 

 

Andy

[AndyOrch]

Right I have now checked all four loans against the reference number on the claim form. It doesn't match any of the loans. The claim form does not state multiple loans anywhere it just refers to one loan. Can I use this to my advantage or am I clutching at straws?

 

No its a vital error they can only claim and rely on the reference number within their pleadings.

 

Also my court date isn't until 21st December, yet I have to have my witness statement etc in by this Monday, 18th September ... does that sound right? It varies from court to court to court...As everything Im reading seems to suggest 2 weeks before? Sorry if I have misunderstood.

 

 

Thank you

 

Regards

 

Andy

[AndyOrch]

Read CPR 16.4 (2 a1)

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.2

 

Contents of the particulars of claim

 

16.4

(1) Particulars of claim must include –

 

(a) a concise statement of the facts on which the claimant relies;

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

© if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e) such other matters as may be set out in a practice direction.

 

(2) If the claimant is seeking interest he must –

(a) state whether he is doing so –

(i) under the terms of a contract;

 

 

They have stated the reference number of the agreement they rely on...for you to be liable you can only be liable to the value of that agreement/reference number.

 

If they had stated you was liable for numerous accounts which have been amalgamated and rolled into account number reference xxxxxxxxx that would be a different matter...but even then it would require your consent that the accounts were amalgamated and replaced the initial agreement.

 

 

Andy

[AndyOrch]

[AndyOrch]

Looks fine to me

[AndyOrch]

Thank you once again Andy.

 

Have just made a donation.

 

Is it ok to send just the WS? I am unable to access copies of letters I sent etc.

I notice there are no exhibits...why are yo not able to attach /provide copies ?

 

Oh and do I need to send both via recorded delivery? Normal should suffice just ask for a receipt as proof of postage

Thanks

 

Andy

[AndyOrch]

Copy new ones for our templates..if reconstituted versions of documents are legal for creditors in court ..then the same applies to you the defendant.

[AndyOrch]

Their particulars refer to a " Loan " not loans or combined loans...no account numbers...hence this reason.No default Notices...they have disclosed Notice of Sums in Arrears...dont know why?

 

What are default fees ?

[AndyOrch]

as far as I can see 13 re: exhibit 2,2a,2b,2b ARE NOT DEFAULT NOTICES...oppss!!

 

Just said that above DX

[AndyOrch]

You just need to amend your witness statement to take into the account what you now know having received their witness statement (of a fashion)

 

Stick to none compliance with your section 77 request...and no default notices disclosed...their particulars fail to plead numerous loans rolled into one....issuing a single claim for 4/5/ different agreements.

 

The default charges of £40 and interest (whatever they are for?)

 

Claiming further interest on the claims section 69...

 

Have a go at amending it and inserting any new points and I will take another look at it.

[AndyOrch]

Okay well done, so you have all the mains points included...there a few more to be added and I will tweak it later today.

 

Points 7 & 8...the claimant would not be legally able to merge the accounts...only the OC The Lending Stream could do that.......they have bought the debts separately and as a cost saving exercise rolled them together...one claim form one set of costs etc etc.

[AndyOrch]

One other point....If you have received a copy of the claimants DQ (Directions Questionnaire) N180 ...can you PM the name/s of the witness/s

[AndyOrch]

One other point....If you have received a copy of the claimants DQ (Directions Questionnaire) N180 ...can you PM the name/s of the witness/s

 

Thank you, Andy. Much appreciated.

It has to be there by Monday, am I ok for time? I thought I should be posting it today really?

 

Tomorrow will be fine...

[AndyOrch]

So they have not served a copy of their DQ on you either....

 

Role 4 loans into one to save on court claim costs....wont be appearing at the hearing to save on counsel costs.........last of the big spenders here:wink:

 

Is it possible to scan the front page of the N1 and post here (redacted) ?

[AndyOrch]

Thanks...nothing in the second box for sending documents if different ?

[AndyOrch]

Ok thats fine..leave it with me....will get back to you later today with a final draft.

[AndyOrch]

IN THE --------------- county court

Claim No. -------------

 

BETWEEN:

Claimant

Asset Collections & Investigations Limited

 

AND

Defendant

----------------

 

_________________________ ________

 

WITNESS STATEMENT OF -----------------

_________________________ ________

 

 

 

I ----------------, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence to the claim.

 

1. The claimants witness statement confirms that it relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.Given that Claimant has failed to serve a copy of it Directions Questionnaire on myself I am unable to check the witness credentials of Mr XXXXXX if they were listed as a witness and are allowed to act and have conduct of this matter on behalf of the claimant.

 

2. I understand that the claimant will not attend the hearing and has requested permission pursuant to CPR 27 .9 (1a/b/c) in its absence to dismiss the Defendants defence and enter Judgment for full balance immediately without the need of any counsel or representation with a view to save costs.

 

3.The claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. Then issues claims to circumvent and claim the full amount of debt to maximise profit.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. When an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party

 

4. On or around the 2nd June 2017, I received a claims form from the County Court Business Centre, Northampton, for a loan amount of £2XXXXX. The agreement number/ reference number on which their claim relies upon does not relate to any account I may have held with The Lending Stream. Given that the particulars are rather vague the claimant fails to comply with CPR 16.2 a and It is therefore denied that I have entered into this agreement number xxxxxxxxx agreement for the amount claimed.

 

5.Points 2-9 of their statement After receiving the claimants witness statement it transpires the Claimant's particulars fail to plead that it is actually four separate loans rolled into one and their own agreement number used as the basis of the claim. An agreement number to which I have never entered into or agreed or e signed.

 

6. At no point has there been any request by The Lending Stream to merge the loans into one single loan.I understand that each agreement is separate with its own T&Cs and must be treated as separate entities.Therefore the claimant is put to strict proof to disclose the e signed verification of my acceptance of agreement number xxxxxxxx as per the claimants particulars.

 

7. On the 13th June 2017 I made a formal written request to the Claimant,[Exhibit A] sent by recorded delivery [Exhibit B] and including a £1 fee (which was cashed) for them to provide me with a copy of my consumer credit Agreement number xxxxxxxxxx as per the claimants particulars as entitled to do so under sections 77 of the Consumer Credit Act 1974.

 

8 . On the 13th June I made a CPR 31.14 formal written request to the claimant, [Exhibit C] sent by recorded delivery,[Exhibit B] which was received and signed for.

In particular I enquired for information including:Notice of assignment and The Default Notice and a Statement of Account.The claimant has not complied with my full requests and have sent only partial documentation despite my endeavours to inspect all of these documents and try to resolve this matter without it proceeding further.

 

12.Point 13 of their statement The Claimant states that the Claimant was issued with a default notice letter as per agreement and highlights their exhibit 2, 2a, 2b,2c. What was actually disclosed were 'Notice of Sums in Arrears' No Default Notices have been disclosed pursuant to CCA1974 sec 87.1

 

Furthermore the Claimant has issued a £40 Default fee /Interest charge on each of the four loan agreements and has also claimed further interest on top of this interest by requesting section 69 interest n the total alleged claim amount.It is denied that the claimant is entitled to any default charge or interest or section 69 interest.

 

13. The Claimant has not been able to clarify by way of an itemised list how the alleged balance were derived and validity of the charges applied to the said balance. The claimant has not in any way proven the existence of the alleged debt and is therefore put to strict proof to disclose and quantify the alleged amount claimed.

 

14. The Claimant states that 'The Defendant failed to respond to the Claimants messages, emails or calls. The Claimant then pursued collection activity to retrieve the outstanding balance.'The Defendant did in fact respond to the Claimant via the Claimant's website to dispute the debt [Exhibit D]

 

15. The Claimant suggest 'All postal correspondence was sent the address details that were provided by The Lending Stream, which have been confirmed to be the address the Defendant is residing at based on the N9B form submitted confirming this.' When in fact the Claimant wrote to the Defendant in March 2016 at said address. The Claimant then allegedly sent the Notice of Assignment in June 2016 to an old address which was not received by the Defendant. The Claimant then continued to correspond at the Claimant's newer stated address.Therefore the claimant was fully aware of the current address before assignment.

 

16. None of the issues raised within the claimants statement offers any tangible evidence .The evidence provided by way of exhibits is woefully deficient and invalid and not pursuant to the CCA1974.

 

Unless the claimant can disclose a true executed copy of the agreement complete with terms and conditions and e signed that they refer to within its particulars of this claim and witness statement they are not entitled while the default continues, to enforce the alleged agreement pursuant to section 77.4 (a) of the Credit Consumer Act 1974.

 

It is therefore respectfully requested that the court dismiss this claim and costs requested.

 

 

Statement of Truth

 

I, --------------- the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

[AndyOrch]

You can email a copy to the claimant using that email address you provided.....same as they did with you.