Lantern/chapman claimform -old QQ loan.

[joncow75]

Its exactly the same as I got Lets, they won't give you a final response until their 8 weeks are up unfortunately. It looks like QQ treat everyone exactly the same. Hang fire then get it off to the FOS as soon as you can. At least you have all your information now though

[letsgetitsorted]

yep Joncow just going to wait and see what if anything they come up with and if nowt happens 8 weeks from now the FOS complaint will go in .

 

cheers Lets

[letsgetitsorted]

Had a Quick Quid loan or 3 and many rollovers got to point where couldn't afford to pay them.

 

did write to Quick Quid with an offer ,

that was refused

 

put in a complaint for IRL but haven't followed it through. (ill health and operations)

 

debt got passed to PRA

then to Lantern

then had a letter from Wilkin (will post up later)

followed by court claim,

 

filed AoS,

the claim details are below.

 

wrote to solicitors asking for all information so far nothing,

wrote to Lantern with £1 fee,

their response was to return the fee and include an agreement (files size is under 4mb but wont let me upload it) 

but nothing else no statements or anything.

 

then on Saturday just gone, I received a very poor letter before claim, as attached.

 

Name of the Claimant Lantern

 

Date of issue – 11/4/2019

 

date to acknowledge

18/04/2019

 

date

to submit defence – 14/05/2019

 

Particulars of Claim

1.The claimant`s claim is for £570, being monies due from the defendant to the claimant in respect of a regulated credit account agreement between the defendant and quick quid payday loans (no xxxx) and assigned to the claimant on 20/12/17, notice of which has been provided to the defendant.

The Defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the consumer credit act1974. And the Claimant claims interest on the sum due pursuant to section 69 of the county court act 1984from the due date to the date of issue at 8.0% per annum being £1.50 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.12p

The Claimant Claims 1) the sum of £570 2) interest of £1.50 3)continuing daily rate of £0.12p

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?NO

 

What is the total value of the claim? 570

 

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...) not checked yet

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? redundant

 

What was the date of your last payment? cant remember will see if its on bank statemewnt

Was there a dispute with the original creditor that remains unresolved? yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a dmp – Yes/no

 

 

received20419.pdf

lantern letter.pdf

[dx100uk]

3 topics merged for full history

 

last payment 2014 going by the merged threads?

 

 

[letsgetitsorted]

Many thanks DX, me totally forgot i had a previous thread on this subject.

 

i will now see if i can find all correspondences regarding this 

cheers 

lets

 

[dx100uk]

get CPR 31:14 running too

[letsgetitsorted]

sent that off the same time DX, 

 

[letsgetitsorted]

\Good Evening All

I have had a response from wilk chapman today with regards to my CPR request.

the response is below in the attached file, 

at the end of the letter they say they look forward to my response within 14 days of the date of their letter.

look at the first 2 dates they mention, the statement sent actually shows that there was 3 interest payments (rollovers)

 

Just wondering now what sort of defense to do for this one.

 

cheers

Lets

cpr3114 response.pdf

[dx100uk]

load of twaddle safe to ignore.

next time don't redact dates and amount 

just pers info.

it helps us to leave things in.

 

your defence will no doubt be based on the no paperwork/holding defence with a slight change to mentionsome sort of a CCa return.

such a defence is in 1000's of claimform threads here already.

[letsgetitsorted]

No worries DX and thank you,

the last letter I had was the one they say they sent on 26th Mar, that actually arrived last weekend.

just going to work on a defence for now.

cheers

 

Lets

[letsgetitsorted]

Hiya

Just going through letters from Wilkin before claim issued, the first says 30 days or court will proceed, dated 20th feb posted 21st feb, the second is dated 26th mar sent out on 28th, giving 14 days to respond, both mention from date of this letter, then claim issued on 11th Apr.

do these dates matter for timescales, still trying to find a relevant defence though.

 

cheers Letslba-edited.docx

2nd-lba-edited.docx

[dx100uk]

Did you get a pre action protocol letter of/before claim with a response pack from a solicitor?

[letsgetitsorted]

only got what i have attached,  DX

thats it

[dx100uk]

ok so you need to inc the PAP letter sentence in our std holding /no paperwork defence 

plenty of examples here in this very forum

or use the custom google search after hitting our top logo

not due for 2 weeks yet though

[letsgetitsorted]

will try sort defense out over weekend , before time gets away from me DX.

went into account on QQ yesterday, and asked how I get my data, low and behold got it through at 0600 this morning 

cheersn

Lets

 

[dx100uk]

ps you've got you defence filing date wrong above

it must be in by 4pm 13th

[letsgetitsorted]

cheers for that DX, will def do over weekend 

cheers 

Lets

[letsgetitsorted]

Hi All,

here is the holding defense i intend to submit by 4pm on Monday.

your thoughts and suggestions are more than welcome 

 

Particulars of claim for reference only

 

1.The claimant's claim is for £570, being monies due from the defendant to the claimant in respect of a regulated credit account agreement between the defendant and quick quid payday loans (no xxxx)

 

2.And assigned to the claimant on 20/12/17, 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 consumer credit act1974.

 

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 8.0% per annum being £1.50 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.12p

The Claimant Claims 1) the sum of £570 2) interest of £1.50 3)continuing daily rate of £0.12p

 

Defence

 

1. 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.

 

2. The Claimant claims £569.13 is owed under a regulated loan agreement with Casheuronet Trading as Quick Quid Payday Loans. I do not recall the precise details or agreement and have sought verification from the claimant and the claimant’s solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

 

3. The Claimants and or their Legal Representatives have failed to give notice of this claim in the proper manor as per instructed under Paragraph`s 3 and 5 of the Pre-Action Protocols failing to disclose all documents as requested.

 

4. 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 20/12/2017 from either the Claimant or from Quick Quid.

 

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 have failed to comply fully 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.

 

 

 

cheers

Lets