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Asset Claimform - old Lending Stream PDL debt***Claim Dismissed***


BurnCK
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Have I screwed up?

Should I have submitted a WS?

 

I have urgent family issues past couple of months and this was totally at the back of my mind until I received the papers from Asset / TM Legal

 

I'll do it today?

What do I need to submit in my witness statement ?

 

Just out of interest, if I lose will I automatically get a CCJ or will I get chance to pay the amount?

Edited by dx100uk
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Get a CCJ...but you will have time to pay in full......subject to whether its forthwith or 28 days.....any party that fails to comply with the court directions risks their Claim/Defence being struck out.

We could do with some help from you.

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5 months :wink:

 

Go to advance search and type witness statement...plenty of examples in similar threads and the Legal Success Forum.

We could do with some help from you.

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as for scanning

read upload..

redact as a picture file first, not using a pdf utility.

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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  • 2 weeks later...

Update...

 

Managed to get my WS done and submitted just in time.

 

Attended court today and was literally in there for a couple of mins. The judge asked me to summarise which I briefly did. He then advised me that Asset hadn't attended (which I knew they weren't going to) and that they had not submitted any evidence...which I wasn't expecting considering they sent me half a ream of paper worth of documentation. Anyway, the judge then advised he was going to dismiss their claim, joked that it was a short trip for me and wished me a good day. Result !

 

Do I get confirmation of the decision in the post for future reference / evidence ? Just wondering as I've seen that Asset have tried taking other people to court again for the same debt...

Edited by BurnCK
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Well done...yes you should receive notification from the court that the claim was struck out.

 

Thread title updated.

 

Regards

 

Andy

We could do with some help from you.

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  • 1 month later...

Hi,

 

So TM Legal have been in contact again trying to set up a payment arrangement for this, threatening County Court Claim again.

They advised that they can claim again because the case wasn't heard before a judge? Is this correct? I turned up in court in front of a judge who dismissed their claim for no evidence / them not attending. Is that not the case being heard?


Are they able to do this?

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it was dismissed

they are just trying to scare you.

 

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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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OK thanks I thought as much, I was just wondering if there was any truth to what they said.

Based on others who have had them try to claim again, I guess I'll be going through this whole procedure again sometime soon then....

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It is possible...because as you stated you were i the court for 3 mins as none attendance by the claimant partially resulted in the claim being dismissed.Therefore the claim was never really put to trial and tested.The claimant would have to seek the courts permission to present the claim again based on the same facts and particulars.......it would quite difficult to convince the court of this given that they never bothered to attend on the previous claim.

 

Andy

We could do with some help from you.

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How do the court know though if they just present it as a new claim rather than seeking permission to re-present the original one?

In that scenario I'd still have to go through the whole defence process again right?

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You inform the court in your application to strikeout or defence

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 OTHER

 

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