Asset/TM legal claimform - old ferratum UK PDL debt

[WOOD73]

I have received a claim form today regarding a ferratum pdl taken out in 2015.

The claimant is Asset Collections & Investigations, and the contact details are TM Legal Services ltd.

The particulars of claim state it was a loan funded by ferratum UK Ltd but no date.

The credit agreement was assigned to the claimant, but again no date.

I do recognize the debt with ferratum but have never heard of asset collections.

Can anybody help with the best way to proceed?

[dx100uk]

please complete this:

 

old pdl sold to a dca.

 

100's of like asset/old pdl claims here

 

 

[WOOD73]

In order for us to help you we require the following information:-

[if there are more than one defendant listed - tell us]

 

Name of Claimant - asset collections

 

Date of issue – 24/07/19

 

Particulars of Claim

 

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

 

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

2.The loan was funded by Ferratum Uk Ltd.

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

4.The credit agreement was assigned to the Claimant, upon which a Notice of Assigment was sent to the defendant.

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

6.The claimant has issued a Letter of claim, providing the defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.

7.The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 11/02/2019 to 23/07/2019 on £430.00 and interest at th same rate up to the date of judgement or earlier payment at a daily rate of £0.09

 

What is the total value of the claim? £530.27

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not that I recall

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no

 

Did you inform the claimant of your change of address? n/a

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 ? 2015 so after

 

Do you recall how you entered into the agreement...On line /In branch/By post ? online

 

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

 

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 to asset collections, they are the claimant

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall

 

Did you receive a Default Notice from the original creditor? I think so back in 2015

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall

 

Why did you cease payments? Became unemployed due to business failing

 

What was the date of your last payment? would been sometime I 2015

 

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? No

 

 

[dx100uk]

date of claim please

 

…………….

 

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
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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 [1 in the count]
 

[WOOD73]

date of claim is 24th july

Have acknowledged and clicked defend.

In work now so will get them done and sent tomorrow.

[WOOD73]

Does the Cpr 31.14 Have to be posted or can it be emailed?

[dx100uk]

never use email!!

[WOOD73]

ok will get it sent tomorrow morning

[WOOD73]

whilst waiting for a reply should I be thinking about a defence?

 

[dx100uk]

now read post 4 again...

[WOOD73]

Quote

 

Ok

Have not received any responses, so after a bit of research have come up with-

 

 

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.Paragraph 1 is noted. I have had Accounts in the past with Ferratum UK Ltd.

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

 

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 with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

 

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

 

 

6.On the alternative, if 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.

 

7.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.

 

 

Is this ok?, I only have a few days left to enter defence.

[dx100uk]

due Friday by 4pm

[AndyOrch]

After  your point 1 add....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.

 

And your point 2 should run something along the following lines...
 

2.Paragraph 1 is noted.Save insofar as it is denied that a contractual relationship with Ferratum UK Ltd. and the Defendant once existed and save insofar as this Defence is filed without prejudice to the Defendant’s position.

 

And your a) I have marked in blue what to remove...the particulars do  not state you entered into an agreement with them.Remove with the claimant.

 

Rest is fine

 

Andy

[WOOD73]

just to be clear point a should read

 

a) show how the Defendant has entered into an agreement; and

 

Is this correct?

Thanks

[AndyOrch]

Yes because you have not entered into an agreement with the claimant...nor do they state you ever did.

 

2.The loan was funded by Ferratum Uk Ltd.

[WOOD73]

ok thanks andy, I will amend.

[WOOD73]

Hi guys 

I have received an email from asset collection with a notice of assignment to Perch capital, however litigation will continue.

I am currently away but guessing i have received a directions questionnaire as i received an email from tm legal with a copy of theirs, which still states claimant as asset collections.

I will be home thursday to sort out, but can they carry on with the claim when the claimant has sold it on?

[dx100uk]

Thought you were told to block and bounce all emails?

 

[fkofilee]

Perch own TM Legal and ACIL... 

Means nothing...

[WOOD73]

43 minutes ago, dx100uk said:

Thought you were told to block and bounce all emails?

 

Was advised to never use email, which i havent, they have

[fkofilee]

Have you corresponded ever via email with them? 

[dx100uk]

write them one email

clearly state that email is not to be used for any communications concerning case XYZ 

else you'll find they will file important docs I min to a midnight deadline removing your ability to contest their contents.

 

you should also be reading like threads .

[WOOD73]

16 hours ago, fkofilee said:

Have you corresponded ever via email with them? 

No never

[WOOD73]

Ok an update.

I have received a letter to make a mediation appointment, what should I do?

If I enter mediation, what should I be aiming for?

Thanks

[dx100uk]

so you not been reading up on like threads in the last month then?