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Lantern/Wilkin Cllaimform - Bamboo loan

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i am trying to get debts in order and went to offer these £25 a month...

 

Story is..

 

Bamboo loans £4527.71 from a loan taken in November 2016.

 

Original opening balance of £5259.11 from a loan of £3000.

 

Paid monthly until June 2017.

 

Defaulted and paid nothing since, to be honest took a bit of debt out late 2016 and realistically don't know what I was thinking as there was no way I could have paid all back long term when I look back now.

 

Have a statement from Wilkins, lots of £12 charges since missing payments from June 2017 too December 2017.

I have asked for also a statement for 2018.

 

Wilkin Chapman threatening legals, I offered £25 a month but they said fill in a i+e form first which I refused to do.

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how many PDLs did you have at the time

and was your credit file full of defaults etc

 

if so seriously look at doing irresponsible lending claims to each original lender.

 

the guide is in the stickies of this forum.

 

hope you are not talking on the phone or using email to converse with any debt buyer/dca?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Well only the 1 email with Lantern offering £25 a month and that's all. To be honest thought I was stuffed....but I will not negotiate any further.

 

At the time I took out the loan, I did have defaults on my file from PDL and also a 2 loans from I suppose, sub prime lenders who I also defaulted on.

 

Bamboo, though aren't a PDL company, but offer loans.

 

The loans show as defaulted on my file and sold on to Lantern.

 

I will do some research and no doubt come back..

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have you moved since taking this out?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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no - same address. What difference would it make?

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backdoor CCJ's etc

all good then

 

block theirs and any other debt emails addresses and bounce their emails back.

 

if they were serious they'd issue a PAP letter of claim by royal mail

 

don't get spoofed by DCA's

they are NOT bailiffs

and have

ZERO legal powers

 

plenty of threads here to read about MMF.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I received county court claim from Lantern.

This was despite me initially (foolishly) asking for a payment plan, and then writing to them saying this loan was given, and irresponsible.

I have just thought Lantern WERE mmf...

 

Name of the Claimant: Lantern Debt Recovery

 

Date of issue; 17.1.19

 

What is the claim for – the reason they have issued the claim?

1.The claimants claim is for £4,527.71 being monies due from the defendant to the claimant in respect of a regulated credit account agreement between the defendant and Bamboo (no xxxx) and assigned to the claimant on xx/xx/18, notice of which has been provided to the defendant.

 

2.The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the cca 1974.

 

3.And the claimant claims interest on the sum due pursuant to section 69 of the county court act 1984 from the due date to the date of issue at 0.00% per annum being £0.00 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.0p.

 

The claimant claims

1/ the sum of £4,527.71

2/interest of £0.00

3/ continuing daily interest of £0.00p.

 

What is the value of the claim? £4792.71

 

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

 

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

 

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? It is the debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, I am unsure.

 

Did you receive a Default Notice from the original creditor? Possibly, I am unsure.

 

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

 

Why did you cease payments? I had a few loans back at this time and they all became too much to afford so I began defaulting.

 

What was the date of your last payment? I think Noddle indicates it was june 2017.

 

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? yes

 

I have completed the AOS on MCOL.

I have sent a SAR and CCA request off,

but worried now to complete the defence.

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moved to legals

 

I assume you mean CPR not sar to the sols?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Yes that's correct CPR....

 

By my reckoning my defence has to be submitted by 15th February?

 

I need to get thinking on the defence and will post up.

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18th by 4pm

lots of MMF claimform threads here.

 

use the search CAG box of the top red toolbar

don't forget also they've failed to send a PAP letter of claim and response pack 1st as they should giving 30 days notice they might be filing a court claim


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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this is what I am thinking for my defence what do you guy's think - I haven't added anything in re irresponsible lending - do i do that late on?

 

1.The claimant claims the sum of £4792.71 for an outstanding debt owed including court fees.

 

2. In November 2016 the defendant entered a agreement with the claimant for a loan of £3,000.00. The Defendant contends that the particulars of claim are generic in nature. 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.

 

3. Paragraph 1 is noted insofar as a contract relationship did once exist in the past. However I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

4.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all to my knowledge. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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; and

 

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my to my CPR 31.14 and also my section 78 request and remain in default with regards this request.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

8. 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.

Edited by dx100uk
format

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urm..not really..

you don't inc any of their POC..

 

bring down their poc from post 7

 

then use post 9 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?479879-MMF-Moriarty-Claim-Form-old-Northway-Broker-Limited-PDL

 

you also need to add as a new no.1.

 

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.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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does this look better?

 

 

1. 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.

 

2.The claimants claim is for £4,527.71 being monies due from the defendant to the claimant in respect of a regulated credit account agreement between the defendant and Bamboo (no xxxx) and assigned to the claimant on xx/xx/18, notice of which has been provided to the defendant.

 

3.The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the cca 1974.

 

4.And the claimant claims interest on the sum due pursuant to section 69 of the county court act 1984 from the due date to the date of issue at 0.00% per annum being £0.00 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.0p.

 

The claimant claims

 

1/ the sum of £4,527.71

2/interest of £0.00

3/ continuing daily interest of £0.00p.

 

 

5. The Defendant contends that the Particulars of Claim are vague and generic in nature. 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.

 

6. The Claimant claims £4,527.71 is owed under a regulated loan agreement with Bamboo. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

 

7. The Claimant's statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on xx.xx18 from either the Claimant or Bamboo.

 

8. It is therefore denied with regards to the Defendant owing any monies 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 and evidence any cause of action and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

9. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Wilkins, have failed to fully comply with this request.

 

11. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

12. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

13. 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.

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you don't include their poc..its for ref only we put it at the top in red so numbers can be checked ..that each paragraph has been accepted.denied.or noted

so remove their poc!!

 

you point 5 should be top of the defence and un-numbered as its a coverall for everything below.

 

so go look at that post 9 again see how it is formatted


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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how does this look - sorry its been a long few days...

 

Particulars of claim for reference only

 

1.The claimants claim is for £4,527.71 being monies due from the defendant to the claimant in respect of a regulated credit account agreement between the defendant and Bamboo (no xxxx) and assigned to the claimant on xx/xx/18, notice of which has been provided to the defendant.

 

2.The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the cca 1974.

 

3.And the claimant claims interest on the sum due pursuant to section 69 of the county court act 1984 from the due date to the date of issue at 0.00% per annum being £0.00 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.0p.

 

The claimant claims

1/ the sum of £4,527.71

2/interest of £0.00

3/ continuing daily interest of £0.00p.

 

Defence

 

The Defendant contends that the Particulars of Claim are vague and generic in nature. 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. 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.

 

2. The Claimant claims £4,527.71 is owed under a regulated loan agreement with Bamboo. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

 

3. The Claimant's statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on xx.xx18 from either the Claimant or Bamboo.

 

4. It is therefore denied with regards to the Defendant owing any monies 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 and evidence any cause of action and service of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Wilkins, have failed to fully comply with this request.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. 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.

Edited by Andyorch
Particulars added

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You must respond to the claimants numbered particulars and either accept or deny or note.

 

All defences here start with 1.Paragraph 1 is denied/accepted/noted.......then response.

 

Any point not responded to is an admittance to the claimants particulars

 

Andy


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Cheers, makes sense now as every point will then form my witness statement assuming it goes that far.

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this is where I am at;

 

Court replied saying it was now a defended claim.

 

Lantern replied with a copy of my online loan agreement and returned the £1 payment.

 

Wilkins, replied with a bundle of paperwork. and also answering my defence. They are saying they did not receive any correspondence from me apart from the original repayment offer. Meaning the letter of irresponsible lending I sent.

 

They have said they tried to reach out to me to agree a repayment plan. They attached copies of the online loan agreement,  terms and conditions, statement of account, letter of assignment, pre court letter and my  reply to my letter offering £25 per month but asking me to complete the I & E form first and another statement of account.

 

There was no default notice, or letter saying debt sold to Lantern - only a mention in the letter they sent me back of selling on.

 

They have said if I don't reply by later this week, with a copy of the I & E sheet, they will take instructions with their client and continue the court process. I assume they mean letting the court know they are carrying on with the claim. 

 

I don't think I should have to complete any  I & E - but they are insisting. I had tried to come to a arrangement with both Wilkins, and the original creditor - who were not easy to deal with. My salary is no different from when I took the loan out, which shows I was stretched at that time. Looking back I shouldn't have maybe tried with Wilkins.

 

My worry is, if I completed the I & E and sent back, along with a payment plan they would still be able to get judgement against me and that's what I wanted to avoid. I have read that I could ask for a 'Tomlin' order to be drawn up with a repayment plan and avoid a CCJ?

 

Any ideas?

 

 

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in other words the claim is stayed ? [past 28 days since you filed your defence?]

 

and it will cost MMF £255 to lift the stay.

 

you don't have to do anything


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No the claim isn't stayed as yet, I think by Wilkins saying i have until the end of the week to reply, gives them time to proceed with the case without having to pay the £255 fee and the case becoming stayed. 

 

How do you think I should proceed? Contact them as I mentioned in post 18 or let the court process move forward?

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let it run


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If you submitted your defence 12th Feb and you have not received an N180 Directions Questionnaire to allocate the the claim by now...the claim is stayed.

 

Check on screen MCOL the status of the claim.

 

Andy


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just checked and date of claim was 17th January and defence had to be in by 18th February (as post 10?) and i had sent 13th February. I have had the notice of defended claim, but not a N180?

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what does MCOL say about the status of the claim

look at the history on MCOL


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Claim is stayed ...so they have disclosed a copy of the agreement but as yet no default notice or notice of assignment.

 

Does the agreement look okay...can you upload a redacted copy for opinions ?

 

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

 

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