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Asset Collection/TM Legal - old PDLs - already struck out once!!


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Hi guys

 

will start this " high level" but appreciate we may need to delve into the lower level detail too..

 

In April 2017 a case I was a defendant for was "struck" as an order placed by the judge upon the defendant was not complied with.

Through the post last night I get a new county court for the same account, same claimant but different "solicitor" to send " payments/ documentation though to.

 

Is this REALLY allowed? and if so in what cases?

 

Just strikes me as odd

 

Thanks

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stop talking around corners

name names

you mean you PDL case?

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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Sorry DX, I did say Id start "high level" :-)

 

In April 2017 Asset Collections took me to small claims for a PDL account.

NO reply to my CPR 31.14 request

no reply to the judges order to supply documentation in support of their claim ( CCAs, DNs etc)

No attendance in court.

During the hearing the judge gave both notice that she would allow the DCA an additional 2 weeks to supply paperwork

None received so case struck

yesterday I received court papers from TM Legal on behalf of Asset Collections after the same sum from the same PDL.

No material change in PoCs

Happy to supply any other information you may find relevant

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get the usual links done please

the fact its already been struck out can be referred too later

 

 

dx

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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Share on other sites

Name of the Claimant ?Asset Collections and Investigation

 

Date of issue – 07/07/2017

 

Date to acknowledge) = 25/07/2017

 

 

date to submit defence = 08th of August 2017

 

What is the claim for –

1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & investigation purchased the 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% a year form 24/06/2016 to 06/07/2017 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.49.

 

What is the value of the claim? Approx £2000

 

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

 

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

 

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

 

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? Unable to afford

 

What was the date of your last payment? April 2012

 

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 plan? No

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Have you kept copies of the original claim ?

 

Are the particulars the same ?

 

Have you kept a copy of the General order striking the claim out ?

 

Regards

 

Andy

We could do with some help from you.

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Have you kept copies of the original claim ? I believe so, will check paperwork . I tend to keep everything

 

Are the particulars the same ? Will post them here when found

Have you kept a copy of the General order striking the claim out ? yes electronic and original papercopy

 

Regards

 

Andy

 

 

 

 

 

 

Hi Andy

 

 

will confirm tonight / tomorrow am but

Have you kept copies of the original claim ? I believe so, will check paperwork . I tend to keep everything

 

Are the particulars the same ? Will post them here when found

Have you kept a copy of the General order striking the claim out ? yes electronic and original papercopy

 

Regards

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Have you kept copies of the original claim ?

 

Are the particulars the same ?

 

Have you kept a copy of the General order striking the claim out ?

 

Regards

 

Andy

 

Only differences in their POCs in blue below

1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & investigation purchased the 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% a year from xx/06/2016 to xx/11/2016 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.46.

 

what I will add is that the amount claimed is approx £400 more, presumably additional interest between the last case & this one

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For reference to the original claim dated .2nd Nov 2015...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?455089-Uncle-Buck-amp-First-Stop-Recoveries-Ltd-CLAIM-FORM-***Claim-Struck-Out***/page3

 

I note that we do not have a copy of the previous defence.

 

The particulars in that thread read as follows....

 

1st stop recoveries claim this amount in respect of an unpaid load funded by Uncle Buck Ltd

The defendant failed to abide by the terms of the contract.

1st Stop recoveries purchased this debt from Uncle Buck and subsequently sent a notice of assignment to the defendant to advise the defendant

has failed to respond to any correspondence or communication from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion

 

No mention of section 69 interest above in the previous claim as per your previous thread.

We could do with some help from you.

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So no thread for the previous claim ?

We could do with some help from you.

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So no thread for the previous claim ?

 

 

 

none, my defence ( rightly or wrongly) was "prove it"

 

  • they didn't answer my CPR letter
  • Didn't supply judge the requested info before the first hearing
  • Didn't attend the first hearing
  • Didn't send to Judge after the 1st hearing so they struck it out

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Okay fine...thanks BF

 

So get the claim acknowledged and submit defend all.....I will need the dates you initially sent CCA/CPR request to the first claim and any responses.

 

Claim Number

Date of the first claim.

Date it was struck out ..which court and DJ name.(copy of the Order would be useful)

 

Once we have the above I will draft you a suitable response...this can be submitted more or less immediately ..no need to wait for the prescribed 33 days.

 

Andy

We could do with some help from you.

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Okay fine...thanks BF

 

So get the claim acknowledged and submit defend all.....I will need the dates you initially sent CCA/CPR request to the first claim and any responses.

 

Claim Number

Date of the first claim.

Date it was struck out ..which court and DJ name.(copy of the Order would be useful)

 

Once we have the above I will draft you a suitable response...this can be submitted more or less immediately ..no need to wait for the prescribed 33 days.

 

Andy

 

 

Do you want this via public forum or?

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Yes except the name of the court and Judge claim number...you can insert that into the finished defence

We could do with some help from you.

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I will need the dates you initially sent CCA/CPR request to the first claim and any responses. CCA & CPR letter received by claimant 28/11/2016 ( POD kept)

 

Claim Number - as you say we will add later

Date of the first claim. Nov 2016 ( exact date to be added)

Date it was struck out ..which court and DJ name.(copy of the Order would be useful) 10/04/2017 ( court and judge to be added later, I still have original )

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Many thanks BF.

 

I will draft a suitable response over the weekend...we have plenty of time.

We could do with some help from you.

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  • 2 weeks later...

Not due until the 8th August BF..have you acknowledged service...must be done by tomorrow.Will draft you a response later this week.

 

Andy

We could do with some help from you.

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Not due until the 8th August BF..have you acknowledged service...must be done by tomorrow.Will draft you a response later this week.

 

Andy

 

 

Thanks Andy

 

 

yes AoS done

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Draft you a response this evening.......promise:wink:

We could do with some help from you.

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Particulars of claim for reference only

 

1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & investigation purchased the 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% a year from xx/06/2016 to xx/11/2016 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.46.

 

 

########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 Nov 2016 in the xxxxxxxxx County Court claim number xxxxxxxxx which was presided over by District Judge xxxxxxxx (See exhibit 1a)

 

3 . The claim was Struck Out on 10/04/2017 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 1b)

 

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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