Jump to content


WOOD73

Asset/TM legal claimform - old ferratum UK PDL debt

Recommended Posts

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?

Share this post


Link to post
Share on other sites

please complete this:

 

old pdl sold to a dca.

 

100's of like asset/old pdl claims here

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

 

 

Share this post


Link to post
Share on other sites

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]
 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

date of claim is 24th july

Have acknowledged and clicked defend.

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

never use email!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

ok will get it sent tomorrow morning

Share this post


Link to post
Share on other sites

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

 

Share this post


Link to post
Share on other sites

now read post 4 again...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

due Friday by 4pm


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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


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

 

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

Share this post


Link to post
Share on other sites

just to be clear point a should read

 

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

 

Is this correct?

Thanks

Share this post


Link to post
Share on other sites

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.


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

 

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

Share this post


Link to post
Share on other sites

ok thanks andy, I will amend.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...