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    • I find it difficult to imagine that they actually want to "repossess" the property. Presumably there is nothing in the lease which says that service charge debts are automatically secured on the property. You haven't told us anything about the value of the property as opposed to the value of the service charge which is being sought. To a certain extent it's outside my experience – but it seems to me that this would fall under the heading of an ordinary debt. Of course if they obtained a County Court judgement, then they might eventually be able to enforce it against your assets – one of which would be the holiday home. So I think you ought to give us a bit more detail and also post up the claim form in PDF format please
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Asset Claimform - old Lending Stream PDL debt***Claim Dismissed***


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I won't, I just wanted to be sure of the address to send to since I have no claimant details.

CCA and CRA both sent.

I will complete the acknowledgement form and send by post and email.

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it was dismissed they are just trying to scare you.  

good job

there are 100's of asset pdl claimform threads here already

now time to get reading up

 

use the search CAG box of the top red toolbar

 

asset claimform PDL

 

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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I paid a visit to my old house and luckily the new occupant had some post for me including the claim form so I've managed to do the acknowledgement online. Should make things a bit simpler...

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good makes things simpler

right don't forget

regardless to if/if not the produce paperwork

you must not miss 3rd july defence filing date

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...

Particulars of claim:

 

1.the claimant claims this amount in respect of an unpaid loan, regulated by the consumer credit act 1974. the loan was funded by the lending stream.

 

2.the defendant has failed to make payments in accordance with the terms of the credit agreement.

 

3.the credit agreement was assigned to the claimant, upon which a notice of assignment was sent to the defendant.

the defendant has either failed to respond to the claimant or has failed to maintain regular payments.

 

4.the claimant issued a letter of claimlink3.gif, providing the defendant with a further opportunity to arrange repayment of the outstanding balance, to no avail.

 

5.the claimant claims interest under section 69of the county courts act 1984 at the rate of 8% a year from 20/06/2016 to 31/05/2018 on £336.44 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.07.

 

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

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 £423.80.

 

2. Paragraph 2 is denied that the defendant failed to abide by the terms of contract.

 

3. Paragraph 3 is denied that the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

4. Paragraph 4 is denied the Claimant has not made any contact or followed any pre-action protocollink3.gif in an attempt to resolve this matter and is put to strict proof thereof.

 

On the 13th June 2018 the Defendant sent a request for inspection of documents under Civil Procedurelink3.gif Rule 31.14. It was requested that the Claimant provide copies of the following: 1. Agreement / Contract 2. Notice of Assignment 3. Letter of Claim 4. Statement of Account

 

The claimant has failed to comply.

 

5.On the 13th June 2018 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the consumer creditlink3.gif Act 1974 along with the statutory £1 fee.

 

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.

 

6.. The claim is not accepted 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

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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 £423.80.

 

You sure...you entered into various and they have lumped them together ?

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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 £423.80.

 

You sure...you entered into various and they have lumped them together ?

 

Yes 3 loans lumped together. Sorry, I'm not sure what I've done wrong there. I took my steer from other posts on here who put the same thing in their defence. I obviously did enter into an agreement but not for the amount quoted.

 

Can you explain what I've done wrong there? Thanks

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It just requires re phrasing ...say....

 

1. Paragraph 1 is noted. It is admitted that I have in the past entered into various agreements with The Lending Stream.It is denied that I have ever entered into one regulated by the consumer credit act 1974 for the alleged value of this claim.

We could do with some help from you.

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OK I have amended the defence as you advised.

Can I ask why when I read others defence statements on here they all say they don't admit entering into an agreement? Does them lumping all 3 into 1 have any bearing on things ?

I have still had no response / reply to the CCA request made.

 

 

 

 

 

 

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

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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

1. Paragraph 1 is noted. It is admitted that I have in the past entered into various agreements with The Lending Stream. It is denied that I have ever entered into one regulated by the consumer creditlink3.gif act 1974 for the alleged value of this claim.

2. Paragraph 2 is denied. The claimant has failed to state what agreement number the alleged amount refers to.Therefore the terms of the contract are unknown.

 

3. Paragraph 3 is denied . I have never received a Notice of Assignment pursuant to the Law & Property Act 1925.

 

4. Paragraph 4 is denied the Claimant has not made any contact or followed any pre-action protocollink3.gif in an attempt to resolve this matter and is put to strict proof thereof.

On the 13th June 2018 the Defendant sent a request for inspection of documents under Civil Procedurelink3.gif Rule 31.14. It was requested that the Claimant provide copies of the following: 1.Agreement / Contract 2. Notice of Assignment 3. letter of claimlink3.gif 4. Statement of Account. The claimant has failed to comply.

 

5.On the 13th June 2018 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the consumer creditlink3.gif Act 1974 along with the statutory £1 fee. 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.

 

6.. The claim is not accepted 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Tweaked 2/3
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Its your choice to submit a truthful defence or perjure yourself...yours is now truthful...you didnt enter into an agreement for that amount...therefore the claimants plea is false.

 

If they had stated.....

 

1.the claimant claims this amount in respect of an unpaid loan (s), regulated by the consumer credit act 1974. the loan(s) were funded by the lending stream.

 

Then that would be true

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OK thank you, I'm trying to understand as I go along. I intend to submit my defence tomorrow, is there anything obvious I've missed out? Anything I need to review?

 

 

Many thanks for the help

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Just tweaked your points 2/3 slightly.....and added the failed to comply with PAP paragraph to your intro.

 

Good to submit.

 

 

Andy

We could do with some help from you.

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Many thanks. When submitting do I include the particulars of the claim (so that my defence references the relevant paragraph's) ?

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No thats only for cross reference and checking.

We could do with some help from you.

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  • 1 month later...

so you've already sent your N180 back?

or you mean its with you now?

you've not updated your thread in a month so we don't know where you are in the process

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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Have you had CCA/CPR returns??

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

Say yes for now

The q's are asked again

If still devoid of all paperwork then say no

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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  • 6 months later...

OK I've received a copy of Asset's statement and documents they've filed with the court (About 30 pages including copies of the credit agreements I asked for but never received). They've confirmed they won't be attending court which is in 2 weeks. Is there anything I need to prepare between now and then ?

 

Thanks

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scan up their ws to one multipage pdf inc the exhibits please

read upload

 

- - - Updated - - -

 

have done your ws? when is the hearing?

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

Big gap since the 6th Aug 2018 posting.....since then you will have received a Notice of Allocation with the courts direction what each party must comply with by what date...hence the claimant has complied and you have not.

 

Normal directions are both parties submit a witness statement and evidence ( disclosure)...normally 14 days before the hearing date...better get your skates on.

 

 

Andy

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

 

If you want advice on your Topic please PM me a link to your thread

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