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    • Hi, There is quite a lot regarding my current issues, I shall try be as clear and concise as possible. Dec 2008 - unemployed, applied for £250 credit card from Capital One. Jan 2009 - accepted for £1000. Credit card maxed in a matter of days mainly on gambling and drugs. Called after 5 months activation to remind them I was unemployed and the card was unaffordable. Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments. 2010 - credit limit raised to £1600 without my request. Again all spent on gambling and drugs. Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites. 2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card. Me and my mother ask for account to be closed but this does not show in notes. Called back once to query any PPI. 8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card. Again spent completely on gambling £1600+. Many payday loans taken out to try pay back. StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable. Debt being chased by Apex. Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise. 2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received. Oct 2016 - Dispute letter sent to Cabot. 2018 - CCJ issued. Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me. Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One. Clear written permission to take to Financial Ombudsman. March 2019 - Court, threatened with prison or full in AoE form. Form filled in. £50 a month taken from wages by Morgan Clarke. Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation. Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral. Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31. No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc. Lots more issues and lots of evidence. Don't know where to turn.  
    • Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.   From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999.  It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach.  The CRA also introduced a "fairness" test.  Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".   A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
    • scan or keep everything they have  6yrs. do not move without informing them.    
    • Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..   Rgds Tom
    • I did notice it wasn’t from the actual Solictors who sent the pap form
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Asset Collections claimform - Multiple Lending Stream PDls in one claim

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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?

 

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? As everything Im reading seems to suggest 2 weeks before? Sorry if I have misunderstood.

 

Thank you

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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


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Thank you, Andy.

 

They sent an email in October, with the same reference number as the one on the claim form with pdfs of all four separate loans attached could this be them trying to lump them all into one? And is that allowed?

 

Sorry for all of the questions, just don't want to get any of this wrong and rely on incorrect assumptions from me. :oops:

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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


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Thank you, Andy for your time and insight. Its very much appreciated. Hopefully back later with a witness statement.

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Does this look ok for a WS? Im not very clever but have tried. :confused:

 

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 in the claim.

 

1. On or around the 2nd June 2017, I received a claims form from the County Court Business Centre, Northampton, for the amount of £2-------

 

2. The agreement number/ reference number does not relate to any account I own.

 

3. The particulars of claim state that this claim is for 'an unpaid loan funded by The Lending Stream. I have no idea what this is, upon checking my Lending Stream account there is no loan with an agreement/reference number the claimant refers to. Nor for the alleged sum of £2-------

 

4. The particulars of claim fail to state when the agreement was entered into.

 

5. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

 

6. On the 13th June 2017 I made a formal written request to the Claimant, sent by recorded delivery and including a £1 fee (which was cashed) for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974.

 

7. On the 13th June I made a CPR 31.14 formal written request to the claimant, (no solicitors mentioned on the claim form) sent by recorded delivery, which was received and signed for.

I enquired for information including:

 

1. Agreement/contract

2. Notice of assignment

3. The Default notice

4.*Statement*of Account

 

8. The claimant has not complied with any of my requests and have not sent any related documentation clarifying or proving the alleged debt, and therefore defaulted payments, or service of default notice, despite my entitlement to inspect these documents.

 

9.The claimant has not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges applied to the said balance. The claimant has not in any way proven the existence of the alleged debt.

 

10. The Claimants pleaded case is that the Defendant entered into an agreement with Lending Stream under account reference ----------------. I am uncertain as to which account this refers to. It is accepted that I have had loans with Lending Stream in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.*

 

Statement of Truth

 

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

 

 

Signed: ________________________________

 

Dated: ________________________________

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Looks fine to me :wink:


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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.

 

Oh and do I need to send both via recorded delivery?

Thanks

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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


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I am struggling to locate them. I am trying to recover files on computer but have had issues. I may be able to get hold of postage receipts but having to wait to get access to the house

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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.


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Hi me again,

 

I have been emailed their witness statement and also they wont be attending - The Claimant respectfully begs your Honour to excuse the Claimant’s non-attendance in person and kindly ask your Honour to accept this letter as written notice of non-attendance in accordance with CPR Rule 27.9 1(a).

 

I think I may have a problem ....

 

They have included a NOA stating - We refer to the fixed sum loan from Lending Stream LLC Dated (03/08/2013*this may contain multiple loans), regulated by the Consumer Credit Act 1974 – the loan agreement and any related guarantee being the Assigned Documents and the Loan of (£100.00*this may contain multiple loans) from Lending Stream LLC (Assignor) to (Debt)

 

I dont know what to do now

 

Do I need to upload what I have?

What do I need to remove?

All of my personal details?

Do I need to remove his name?

Agreement numbers?

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read upload

redact anything that could be used to ID YOU.

names, ref numbers etc.

ONE multipage PDF please


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no that's perfect and small in upload size well done!

 

 

no default noticies I see ...urm..


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I dont know where this leaves me now.

 

Any advice would be welcome.

 

I have to file and serve by 18th.

 

Are they ok to merge all loans? I never ever agreed to this.

 

Also, I don't know if it is relevant but he has lied in his witness statement.

 

He states that 'At no point between purchasing the debt and commencing Court Action did the Defendant

inform the Claimant of any change of circumstances. 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.'

 

Yet the NOA was sent to my old address. And the court papers were sent to a newer one.

 

Also it states that I have not been in touch with them - 'The Claimant attempted to contact the Defendant by telephone and email on numerous

occasions as to ascertain why the full contractual payment could not be made. The Defendant

failed to respond to the Claimants messages, calls or emails. The Claimant then pursued

collection activity to retrieve the outstanding balance.'

 

They wrote to me in March 2016 at newer address I do not have the letter though. They sent NOA to old address in June 2016 so I never got this but if you could see the letter the address is in a different font so I dont think they did but obviously cant prove that. They then wrote to me at newer address again in September 2016, have a photograph of that letter.

 

I have a screenshot on my phone showing that I contacted them in October disputing the debt via there website and nobody got back to me. (Only just found this this afternoon) I disputed it as I didnt recognise the reference number.

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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 ?


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


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

 

Just said that above DX


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silly billy takes me ages to hit send sometimes.....time flies...:lol::lol:


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Sorry, I'm a little slow. Am I still ok going forward with this. I'm trying to research as much as I can but it's quite confusing.

 

Should I amend my WS should I add the 2 new points I mentioned? How his isn't the truth regarding address and also how I contacted them to dispute the debt.

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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.


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Thank you, so so much.

 

I'll post it up once it's done.

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