Jump to content


Asset/TM Claimform - old disputed {OC upheld IRL complaint] lending stream PDL Debt.


Please note that this topic has not had any new posts for the last 682 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

I foolishly got a pay day loan a couple of years ago from lending stream, circumstances changed and I couldn’t pay it.

 

 

The debt was then sold onto asset collections who have instructed tm legal.

debt is 997 and made up of two loans.

They sent me a letter of claim which I responded to but didn’t send recorded post and they claim they didn’t get it.

 

They have now issued court papers to pursue a ccj.

 

I have contacted them to discuss my options and they say either pay in full or If I want to pay in instalments they will get a ccj.

 

I desperately want to avoid a ccj but can’t afford to pay it in full and even less so now they have added fees and interest the debt is now 1300.

 

What do I do? Can I defend the claim?

What happens is I lose?

 

I made an affordability complaint to lending stream earlier this year where they found that one of the loans was unaffordable and they said they would buy it back from asset collections and waive all interest, they havnt done this though and tm legal are pursuing the full debt.

 

Do I have any options?

The clock is ticking though as I got the claim forms yesterday

Edited by dx100uk
Spacing
Link to post
Share on other sites

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... 

Link to post
Share on other sites

Name of the Claimant ? Assett collections and investigations

 

Date of issue – 16th October

 

Date to submit defence - 16/11

 

Particulars of Claim

 

What is the claim for –

 

1.The claimant claims amount in respect of an unpaid loan regulated by consumer credit act.

Loan was funded by gain credit plc trading as lending stream.

2.Defendant failed to make payments in accordance to agreement. Credit agreement was assigned and notice of assignment was sent to defendant. The claimant issued letter of claim providing a further opportunity to arrange repayment to no avail.

 

3.The claimant claims interest under section 69 at the rate of 8% 17/10/16- 15/10/18 plus daily interest at 0.22 daily

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes letter of claim I offered to pay 20 a month. They claim they got no response

 

What is the total value of the claim? 1306.08

 

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 April 2007 ? After

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

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. Assigned

 

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? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? In 2016

What was the date of your last payment? Unsure

Was there a dispute with the original creditor that remains unresolved? I raised an affordability complaint. They agreed to buy back half of the loan and cancel interest but haven’t done and court papers are for full amount

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management Yes I did

Edited by dx100uk
format
Link to post
Share on other sites

please note your corrected defence filing date...

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

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... 

Link to post
Share on other sites

no need to hit reply with quote ...just type.

 

quote removed

unnecessary posts now removed...

 

yes and yes to your questions.

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... 

Link to post
Share on other sites

cag is self help too

time to get reading but DO NOT miss your defence filing date no matter what happens or not

 

use the search CAG box of the top red toolbar

 

claimform asset

 

1000's of like asset claimform threads here already

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... 

Link to post
Share on other sites

lots for you to digest, and yours looks promising that atleast their claim sum is somewhat sceptical

 

when the time comes nearer have a go at a defence pop it up here in good time and we'll help.

 

also gather the evidence you have regarding the IRL complaint and p'haps pop it all into ONE multipage PDF

read UPLOAD.

 

then we can better see the details there and use that evidence to adapt the defence you put up.

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... 

Link to post
Share on other sites

So following my post last week

 

I emailed lending stream to ask why they didn’t re purchase the loan as per outcome of my affordability complaint.

 

Asset are pursuing the ccj for both loans (but are classing them as one on the court docs).

 

Lending stream replied today to say was an oversight on their part and they will buy it back and wipe any charges. I can then make an arrangement with them.

 

They obviously don’t know about Court process being started.

How will this affect things?

They are only buying back 300 of 997 balance from asset.

Edited by dx100uk
Spacing
Link to post
Share on other sites

Certainly proof that invalidates what asset are claiming...

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... 

Link to post
Share on other sites

Oh yes!!

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... 

Link to post
Share on other sites
  • 3 weeks later...

Am in the process of getting my defence together and submitted-I have till Friday.

 

Since I received the court docs lending stream have bought one loan back from asset, cancelled the interest and agreed a repayment plan of £10 per month.

 

I can’t understand how asset let them buy it back when they are pursuing a CCJ for the full amount of two loads plus interest?

 

How do I put this in my defence?

 

Appreciate any help anyone can offer

Edited by dx100uk
Spacing
Link to post
Share on other sites

Look

You need to put Asset Collection and Investigation to Strict Proof that they Actually own the alleged debt by Transfer.

You need to see or be in receipt of a copy of the Deed of assignment and you need to re-enforce this in your Defence.

A letter of assignment is just that. A letter.

Its not proof that it has been properly Assigned.

 

I have been through 2 claims with the company for the same,

 

each time I have raised the issue in my defence they have backed of from providing a full deed and the claim has not progressed.

 

In two of the claims I have asked A.C.I to prove that they own the Debt in question, and twice they have failed to do so...

 

In the Two claims they have made they have Provided 4 different assignments with at least 3 different dates between so called asignments. and lots of emails quoting their clients...... Well either they own the debt or they are managing on behalf of lending stream.

 

They can not be both.

 

Do you have an assignment from ACI back to lending stream ?

 

I suspect the Answer is no..

... Why....

.. Because it was not legally Assigned in the first place ????

 

Hence Asset Collections have no legal court claim

Edited by dx100uk
Merge
Link to post
Share on other sites
Am in the process of getting my defence together and submitted-I have till Friday.

 

Since I received the court docs lending stream have bought one loan back from asset, cancelled the interest and agreed a repayment plan of £10 per month.

 

I can’t understand how asset let them buy it back when they are pursuing a CCJ for the full amount of two loads plus interest?

 

How do I put this in my defence?

 

Appreciate any help anyone can offer

 

Did you submit a 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 OTHERS

 

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

 

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

Link to post
Share on other sites

This Is my Opinion Andyorch, Asset collections and investigations are not the owners or debt buyers of these Alleged Debts.

 

In Fact one would go so far as to suggest that they are of the same company..

 

1) Any Debt buyer would register in their own name and would show such on an individuals credit file. ( in my case my so called debt was purchased by this company 4 years ago)

 

2) They would not provide different Assignment dates on letters of assignment.

 

3) They would not shy from any court hearings when challenged on issues 1 &2 .

Link to post
Share on other sites

Hi yes I did.

 

I have an email from TM legal confirming that lending stream have bought the debt back and Therefore is no longer nothing to do with them and that they would not be pursuing any further legal action.

 

I didn’t trust that they wouldn’t try and get the CCJ anyway so I submitted my defence and think I’ve covered all the main points.

 

They also seem to have missed that lending stream have only bought back one of the two loans making up the balance asset were pursuing.

 

I guess I should be expecting another court claim for the remaining balance when they have worked this out?

Edited by dx100uk
Spacing
Link to post
Share on other sites

Hey well done.

 

I doubt they'll want to waste more money if you total the expense todate

 

Never forget these are speculative claims in the 1st place.

Not expecting to be defended.

 

And they know you will now!!

 

As for the fmitl posts...best left off here

 

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... 

Link to post
Share on other sites

Its not been struck out...if they are as true as their word they should have sent you a Notice of Discontinuance...so check with your court the same has been filed by the claimant.

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 thread please PM me a link to your thread

Link to post
Share on other sites
Hey well done.

 

I doubt they'll want to waste more money if you total the expense todate

 

Never forget these are speculative claims in the 1st place.

Not expecting to be defended.

 

And they know you will now!!

 

As for the fmitl posts...best left off here

 

Dx

 

Is that quip Aimed at me FOTL ????

 

DX100uk I seriously dont think that you have the correct handle on this company.

 

They will and do continue claims with vexation, as you know well dx 100 so to say that the other poster should hear no more is a tad missleading

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...