Asset Collections claimform - old Lending Stream PDL

[MrJack1231]

Hi. i have read through quite a few similar threads (Including one very similar and very recent), but will submit my own anyway.

 

Name of the Claimant ? Asset Collections

 

Date of issue – 01 jun

 

Date to acknowledge) = 19jun

 

 

date to submit defence = 03JUL

 

What is the claim for –

 

1.Asset Collections & 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. Asset Collections & 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.I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form.

4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of %8 a year from xx/08/2016 to xx/05/2017 on £1700 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.40

 

What is the value of the claim? £1880

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my knowledge

 

Did you receive a Default Notice from the original creditor? Not to my knowledge

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not to my knowledge

 

Why did you cease payments? Payday Trap, buried Head in the sand

 

What was the date of your last payment? Jan14

 

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 management planicon? No

 

Timing on this is incredibly bad, i was away and was only able to open the claim letter on the 14th (At which point i acknowledged it)

 

Not yet sent CCA or CPR - will be on that tomorrow morning recorded (To Claimant as no solicitor).

 

Thanks

[fkofilee]

More info on the loan plz

Welcome to CAG too

[dx100uk]

claimant is not myself!! amended.

 

 

dx

[MrJack1231]

Hi. Thanks for the welcome.

 

It appears to be for 2 lumped together. Nov13 - £300, Jan14 £240.

At the time, i had a number of other payday loans, which these helped clear and the cycle continued.

I made a payment on #1, but defaulted on both shortly after the 2nd.

 

Time is running out on my CCA request, i assume i should be getting these off straight away!

 

Thanks

[dx100uk]

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

[MrJack1231]

Hi.

 

My CCA and CPR request went out, to date - i have heard nothing back.

 

I assume this would have come through to me paper based via post?

- disappointing given that the particulars specified they will send them through to me within 14 days of the claim being submitted?

(I no longer have access to the web-portal as i did it away from my own computer and stupid me left the gateway ID that i recorded!)

 

Either way, i need to start thinking about prepping a defence to file for the 3rd July.

 

I will look at some similar defences filed - should i also be mentioning that this was for 2 loans bundled but no mention in the particulars of the claim?

 

 

I saw on another thread somewhere that this was not allowed also.

 

Thanks

[dx100uk]

ring northants and get the portal reset for you then?

 

 

if you think about it

you don't want them to respond to CCA/CPR....

 

 

they don't say anything about merged loans in their poc

so neither do you at this stage.

and not, it matters not if the claim is for merged or 2 debts, but they must state such in the poc or WS.

 

 

dx

[MrJack1231]

ring northants and get the portal reset for you then?

 

First thing i did, apparently nothing can be done to transfer it to new gateway ID - but he said i would be able to email the defence across - and that past that point it was all postal from there anyway.

 

 

if you think about it

you don't want them to respond to CCA/CPR....

 

Good point well made!

 

 

they don't say anything about merged loans in their poc

so neither do you at this stage.

and not, it matters not if the claim is for merged or 2 debts, but they must state such in the poc or WS.

 

Good to know. i think i need to read up about what to expect past the defence submission.

 

Thanks

[MrJack1231]

Hi.

 

I received an N180 form, which i understand from reading other threads that i should be asking for Mediation. Question is the form has my personal number on it which i don't really want the claimants to have, do i have to serve a copy of this on the Claimant?

 

Thanks

[AndyOrch]

Yes you must serve a copy....use a blank N180 for the claimants solicitor

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

A copy of your defence would also be useful if you require further advice once its allocated.

 

Andy

[MrJack1231]

Particulars of the Claim

 

1.Asset Collections & 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.

 

2.Asset Collections & Investigations purchased this debt from The Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

 

3.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.

 

4.I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form.

 

5.The claimant claims interest under section 69 of the County Courts Act 1984 at he rate of 8% a year from xx/0x/2016 to xx/0x/2017 on £x,xxx.xx and also the interest at the same rate up to the date of the judgement or earlier payment at a daily rate of £x.xx

 

 

 

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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £xxxx.xx. It is denied the defendant failed to abide by the terms of contract.

 

 

2. It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

 

3. Paragraph 3 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.

 

 

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

 

 

5. On the 21st 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

 

 

6. 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.

 

 

7. On the 21st June 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.

 

 

8. 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.

 

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

10. 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.

 

 

11. It is denied that the Claimant is entitled to the relief as claimed or at all.

[AndyOrch]

Did the following happen ?

 

4.I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

[MrJack1231]

No it did not.

[AndyOrch]

http://hsfnotes.com/litigation/2013/06/04/high-court-refuses-extension-of-time-for-service-of-particulars-further-illustrating-new-strict-approach-to-compliance/

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.4

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.8

[MrJack1231]

How do i put that into practice? Or have i missed the boat now having already filed the defence?

[AndyOrch]

No you can raise it within your witness statement which follows after allocation (N180).

 

I personally think its an error and a sign of the inexperienced who wrote the particulars...as there is enough detail in the particulars provided without the need of further separate particulars....but you can wind them up:wink:

[MrJack1231]

I have had an offer of Mediation from the courts now.

 

I have read through the mediation guide in the sticky - however still unsure about the below (As ALL 3 questions need to be a "YES"):

 

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment.

 

But i don't think i have had all of the info from them given i have not had a response to the CPA/CPR nor the extra details to be issued within 14 days as mentioned in the particulars. Can i (Or should i) still answer yes to this so that mediation will go through?

 

TIA

[dx100uk]

You keep to yes until the mediation phonecalls

THEN you say no when asked the paperwork question

[dx100uk]

actually checking the dates it wont be registered yet 28 days has not expired.

 

and you say you part admitted? not AOS defend all?

so guaranteed its gonna be.

hope you didnt use the N9A?

[MrJack1231]

I received a letter from the courts a few days ago advising that the case is being allocated to a local court, and to await a date.

 

I also received several emails today direct from asset collections.

 

 

The first advising me that a court claim has been submitted against me and not to ignore it - i was extremly tempted to send a sarcarstic reply.

 

The 2nd was filled with lots of PDF attachments,

including agreements,

statements

and default notices

(1 for each loan - 6 attachments in total).

 

Game over?

[dx100uk]

redact them all to ONE PDF and upload

[MrJack1231]

take 2

jpg.pdf

[MrJack1231]

Just looking through some other threads at the moment.

 

Specifically the one linked below that mentions reference numbers.

 

 

Im still unclear, does this give me an edge, as a similar situation applies

- i have been back through the particulars, and no reference numbers are mentioned apart from a reference under "Claimant incuding reference" - which is a different reference.

 

 

It does also mention sending me particulars of claim within 14 days (as mentioned before, nothing has been received until now)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?478434-Asset-Collections-claimform-Multiple-Lending-Stream-PDls-in-one-claim&p=5060566&viewfull=1#post5060566

[AndyOrch]

See 3.2 here.....Practice Direction 16 Statements of Case

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16#8.1

[MrJack1231]

In addition to 3.8 - as below - which has not been followed either - however, how much in practice could this be relied upon to affect the outcome of the case?

3.8 Particulars of claim served separately from the claim form must also contain:

(1) the name of the court in which the claim is proceeding,

(2) the claim number,

(3) the title of the proceedings, and

(4) the claimant’s address for service.