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Asset collections/? claimform - Lending Stream PDL - Already Struck out - now new claimform!!


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Hello everyone!

 

I would really appreciate any help or guidance on a claim I received from Northampton County Court.

 

Firstly,

last year I received a claim against me issued by a debt collection agency (Asset Collections & Investigations)

for an unpaid payday loan.

 

Amount claimed £527.22 + interest for period 21/6/2016 - 12/12/2016 at yearly rate 8% + interest until the day of judgement at a daily rate £0.12 + court fee of £60 = total £604.44

 

With a help of this forum I defended this claim, the claim was struck out by my local court

and to my knowledge the court order was never appealed.

 

To my surprise just a couple of days I received a new claim issued by the very same debt collection agency.

 

Same Particulars of Claim just the claimed amount and interest changed.

 

This time the claimed amount is £604.44 + interest for period 24/6/2016 - 06/07/2017 at yearly rate 8% + interest until the day of judgement at a daily rate £0.13 + court fee £60 = total £756.69

 

I'm really struggling with this one, CAB and NDH have been unable to offer any guidance :| and I don't want really give up and let them win.

 

Thank you in advance for any helpful comments.

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third one of these this week!!

 

 

you'll see the other two listed in this forum.

 

 

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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Follow the following thread Petra...save me duplicating...if you could provide all the details of the first claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479314-Asset-Collection-TM-Legal-old-PDLs-already-struck-out-once!!(1-Viewing)-nbsp

 

Regards

 

Andy

We could do with some help from you.

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ORIGINAL CLAIM

 

Name of the Claimant - Asset Collections and Investigation

 

Date of issue – 13/12/2016

 

Date of acknowledgment - 29/12/2016

 

 

Partifular of Claim:

 

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.

 

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.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year form 21/06/2016 to 12/12/2016 on £527.22 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.12.

 

What is the value of the claim? £604 - including fees

 

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? n/a

 

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? n/a

 

What was the date of your last payment? n/a

 

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

 

NO correspondence prior this claim received either form Assets

or Lending Stream.

 

Request for CCA posted 21/12/16 (POD kept)

Request for CPR18 posted 4/01/17 (POD kept)

Defence filed 13/01/17 - defence purely based on no answer to my CPR request, no CCA provided - copy of my defence kept

 

Judgement received by post - copy kept

It is ordered that the claim is struck out. Dated 5/5/17

I was no present at the court, written notice and witness statement sent both to court and the Claimant.

 

 

 

NEW CLAIM

 

Name of the Claimant - Asset Collections and Investigation

 

Date of issue – 7/7/2017

 

Particular of Claim:

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.

 

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.

 

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 6/7/2017 on £604.44 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.13.

 

Value of this claim including all fees: £756

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Follow the following thread Petra...save me duplicating...if you could provide all the details of the first claim.

 

 

 

Regards

 

Andy

 

Hi, sorry been bit busy last two days.

Hope posted everything needed, happy to add more if required.

 

Thank you!

Regards, Petra

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CPR 38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

 

So if you defended the last claim they cannot issue a second on the same characteristics as the first. They can go and whistle dixie in my opinion. Res judicata and Estoppel

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