Asset/TM Claimform - old Ferratum UK Ltd PDL

[AndyOrch]

Your responses are still not running with the claimants particulars paragraphs.

Example :-

 

4.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. 

 

Your response :-

 

4.  Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.

 

 

 

Andy

 

 

 

 

 

 

[AndyOrch]

But in your opening post you stated......

 

I have found a letter of claim in my husbands papers, dated 5 June 2019, which he did not address. Stating outstanding amount of £417. States credit agreement dated 11 Aug 2015.

 

 

[AndyOrch]

Nowhere near ready......I'll run through it again shortly.

[AndyOrch]

 Particulars Of Claim

 

1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.

 

2.The Defendant has failed to make payments in accordance with the terms of the credit agreement.

 

3.The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant. 

 

4.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.

 

5.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. 

 

The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09." 

 

Defence

  

1. The Defendant contends that the particulars of claim vague and 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.

 

2.  Paragraph 1 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim with either a date or account number .

 

3.  Paragraph 3 is denied. The claimant has not served any Notice of Assignment pursuant to sec136 of the Law & Property Act 1925

 

4.  Paragraph 4 is denied. I have no agreement with the claimant nor any knowledge of them until receipt of this claim .I have made no payments because I am unaware what agreement and debt they refer to.

 

5.. Paragraph 5 is noted although it is immaterial on a debt I am unaware of or have no knowledge of ever entering into.

 

6. 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 and evidence the nature and service of a default notice pursuant to sec87.1CCA1974

(c) 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;

 

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 receipt of this claim I requested by way of a CPR 31.14 request  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 CPR 31.14 .

 

8. On receipt of this claim I made a request pursuant to section 78 of the CCA 1974 for a copy of the alleged agreement.The claimant responded with a template reconstituted version of the alleged agreement again with no dates or account numbers or signatures or IP verification for electronic signature verification.

Within the opening paragraph it states " This agreement replaces the terms of the previous agreement which was entered into between you and us " 

 

A reconstituted version cannot be used for either satisfying a section 78 request or for enforcement purposes if the original agreement has been amended,which this clearly as because of the paragraph above. A copy of the original agreement must be provided along side a reconstituted version.

 

Furthermore according to the Terms and conditions of the amended agreement its states... How and when credit would be provided. Every time you want to draw down money under your Credit Agreement, you will need to send us a request via an SMS or fill out a form on our website (www.ferratum.co.uk).
If we accept your request we will then send you an SMS or email by reply setting out the term of the withdrawal, the cost of the credit and any charges you will have to pay.Once we have accepted your request, your funds will be deposited into your bank account.

 

The claimant is put to strict proof to disclose the above SMS/Forms/EMAIL.

 

 9.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.

[AndyOrch]

Submit it now if you wish....1 day will not make any difference then its off your back and you can relax.

 

If they had the original they would have already sent it...see how they respond to the above and if they wish to proceed then we can get into the finer detail within your statement that you will submit in support of the above defence....but thats for later.

 

best of luck

 

Andy

 

[AndyOrch]

You can alway click my heart >>>>>>>>>  to show your appreciation and please consider a donation to help us to continue to help others in your same predicament.

 

No....to counter claim.

[AndyOrch]

next step is theirs not yours...see if they wish to proceed...you will know if they do if you receive a Directions Questionnaire to complete and submit (N180)

[AndyOrch]

Its very rare the claimant copies you in on their response and instruction to proceed......but you will receive a Directions Questionnaire (N180) next to complete and submit by the date it states.

 

Andy