Asset/TM Claimform - old Ferratum UK Ltd PDL

[rubyrooster]

HI all

 

Hope you can help, I have been directed here by a friend that has advised all the help I need will be found her by the kind people who try and help where they can.

 

My husband has received court claim papers from TM Legal Services on behalf of Asset Collections, for a debt they say was assigned from Ferratum UK Ltd.

 

The court claim is dated 24 July 2019, I acknowledged and stated intended to defend on 30 July 2019 they day it was received.

 

My husband can not recall the debt and there are no dates on any of the documents to advise when the debt was taken out.

 

I emailed Asset Collections for a copy of the credit agreement and proof of debt, but they replied saying that I had to contact TM Legal, which I did.

 

They have today sent over a copy of CCA and another document (attached)

 

I still cannot see any date, and unsure as to whether the docs are legally executed -- could anyone help ?

 

I didn't ask for a copy of the assignment or default notice, should I do this too ?

 

They court papers are for a sum of £516.81(including costs) for a debt of £431.81.

 

I will write up the court claim particulars in the following post.

 

All and any help greatly appreciated. !!

feratum-tm legal svcs claim_CCA.pdf _SECCI.pdf

[rubyrooster]

Name of the Claimant ?  Asset Collections and Investigations via TM Legal Services Ltd

 

Date of issue – 24 July 2019.

 

Date  to acknowledge) = 11 Aug

 

date to submit defence = 23 Aug 19 

 

 

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

 

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

 

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. 

 

5.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." 

 

What is the total value of the claim? £516

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

 

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.

 

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?  Loan

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? nothing at all shown on Experian for either Ferratum UK Ltd or Asset Collections & Investigations

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?  No knowledge

 

Did you receive a Default Notice from the original creditor?  Can not recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  No

 

Why did you cease payments? Husband does not recall loan

 

What was the date of your last payment?  Don’t know

 

Was there a dispute with the original creditor that remains unresolved?  Husband cannot recall loan

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement – done attached to initial post

 

[rubyrooster]

Yes, I stated that neither the debt nor creditor were known, and asked for a evidence of the alleged debt.

Which was by email - which I will no longer communicate by.

 

TM legal initially ignored the request and stated they were going for judgement as I (hubby) had not acknowleged service which we had, and which they were advised by return. 

Edited August 16, 2019 by rubyrooster
added text

[rubyrooster]

Sorry DX is that the 23 Aug not the 26th for full defence.  (is Sept a typo ? as cant see Sept date in my notes).

[rubyrooster]

No worries - sorry I had that date wrong !!

[rubyrooster]

Thanks, Ive acknowledged the debt, and stated will defend.

 

Will submit the CCA and get a CPR31.14 to the solicitors off.

 

I will speak to him when he gets home, we were separated in 2015 and I think he took a number of pay day loans to cope, so my feeling is that this 1 has gotten lost in his brain with all the others, which is why he cannot specicially recall it.

 

I suspect he stopped paying as he simply could not meet the payments, but that is my assumption not what he has stated.

 

We are trying to get back on our feet, and I just wanted to check that they had a lawfull claim.

 

Will come back with additional info when Ive spoken to him and sent off the letters of request as noted above.

 

Does the CCA they provided and I attached above (if genuine) look lawfully executed to you ?

[rubyrooster]

Thanks for that, I will get straight on to printing and sending off the letters you have advised.

 

I promise I will not communicate further  with them by email and will defer to the forum in respect of any and all future communications from them.

 

Feel so much better having contacted CAG and having your support you can't imagine how much I value your help.

 

Thank you once again for your time today, updates to come x 

[rubyrooster]

Thanks I will have a good read of them over the weekend and get the letters off tomorrow by recorded post.

 

Thanks again, enjoy your weekend x

[rubyrooster]

Hi

 

Update to say all letters sent off by recorded delivery.

 

Hubby says he has no knowledge of this loan or the creditor, and as I stated earlier there is no record of this debt on his experian credit record.

 

I doubt that they will have replied by 23 Aug, so in preparation could I have some guidance or pointers as to what I should state as defence in this matter and how it should be worded to be compliant with court requirements.

 

Another point is, he already had a CCJ and default on his record when they claim the loan was made.

After reading another post re irresponsible lending, and if they prove the loan was made to him , would that make any difference to the situation  ? 

 

Many thanks for all and any help x  

[rubyrooster]

Hi

 

Thanks for reply.

 

I will have a dig round and come back

[rubyrooster]

Would the attached be the kind of thing to put ? 

 

Any observations or ommissions I've made, or direction to another sample.

 

Thank you x

draft defence.docx

[rubyrooster]

Hi 

 

Thanks for response. 

 

From a fellow consumer action group as I could not find one immediately on CAG.

 

I will have a look at the link.

 

Thanks 

 

[rubyrooster]

Had a look at the links .... how does this look ...  

 

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

 

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

 

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. 

 

5.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 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.

 

3.         It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

4.        The Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

 

On the 19 August 2019 the Defendant sent a request for inspection of documents under Civil Procedure Rule 31.14. It was requested that the Claimant provide copies of

the following:

 

1: Notice of Assignment

2: The Default Notice

3: Statement of Account

 

On the 19th August 2019 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with s77/78 of the Consumer Credit Act 1974 and by virtue of s77/78 Consumer Credit Act 1974 cannot enforce the agreement until compliance. (have left both in as I think this was a rolling credit agreement PDL)

 

6. 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;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

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

 

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. "

  ###############   End of Defence   ##################

 

Is the above ok ?

 

The amount in the POC on left hand side of form states £417.00 but they have stated they have added interest. To which the amount claimed within the box on the right hand side that also then adds the court fees is £431.81 (pre addition of fees).  Not sure which to put so put the total actually being claimed for the alleged debt.

 

I have made reference to s77 and s78 as this appears to be a Pay Day Loan lender, so assume rolling credit from reading other threads, but as lacking experience of court processes etc, really could do with a bit of guidance to make sure I am not completely wrong just didn't want to leave things out that I should include.

 

Thanks guys x

[rubyrooster]

Hi DX

 

Thank you for that.

 

No house move 

 

What is  a PAP LOC ?

 

 

[rubyrooster]

Hi DX

 

Thank you for that.

 

No house move 

 

Doh ... I know what a PAP LOC is now (apologies for being slow !)

 

I have had a tinker and found another defence example which I have taken account of. 

 

How does the following now look ?  (bit lengthy apologies in advance !)

**********************************

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

 

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

 

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. 

 

5.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.

 

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.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925

 

 3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.

 

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.

 

 5. 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:

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 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 section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

(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

© 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;

 

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

 

8. 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.

 

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

 

******************** end of defence ************

[rubyrooster]

Hi all,

 

Could any of the site team (or experienced site membes) give me any guidance on the above defence .

 

I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time

 

Many thanks in advance x 

[rubyrooster]

Thanks Andy,

 

I will try again !

 

Will post up asap x

[rubyrooster]

Is this more appropriate ...

 

4.       Paragraph 4 is noted although I have no record of ever receiving such correspondence nor am I aware of the alleged debt the claimant refers to (refer point 2 of this defence submission).

 

 

[rubyrooster]

Oh yes forgot he had had this, I will amend to....

 

 

4.       Paragraph 4 is noted although I am not aware of the alleged debt the claimant refers to (refer point 2 of this defence submission).

 

Is this now correct to go ?

 

[rubyrooster]

Thanks, this is the 1st time Ive ever had to construct anything like this.

 

I used the links to other posts I was sent , but I struggled to know what to put and what not to put  without guidance, although I know that CAG is a self help site, some peeps(me !)  need more direction than others by experienced bods  thank you x

[rubyrooster]

Ive had a further read through and amended further spotted errors re letter of claim, refer attached x

draft defence for court for 23 Aug.docx

Edited August 22, 2019 by rubyrooster

[rubyrooster]

 Hi Andy

 

Thank you so much for your help, I can see from your help where I was sorely lacking in detail - thank you for your time helping me today it really is appreciated !! 

 

I was going to wait for todays post to arrive and then post the defence today, or should I wait until Friday.

 

Also, WHEN or IF they do send a copy of  an original credit agreement would would happen then with regards to the court proceedings ?

 

My hubby says he genuinely has no idea who the company are or what the debt relates to, also it is not registered on his credit record with experian, so no payment profile or default registered either which I think is a bit odd if it really is a loan he took out surely it would be on his record even if he couldn't recall it.

 

Thank you again x

Edited August 22, 2019 by rubyrooster
added text

[rubyrooster]

Andy,

 

Can I just take the time to thank you for your help and kindness, I really don't know what I would have done without your help today.

 

And I just wanted to make sure that you really know how much your time today has been appreciated ..... thank you x

 

(I will come back and post up any and all developments  ... x )

 

[rubyrooster]

Do I wish to make a counter claim ?

 

I was putting no, but just wanted to check 

[rubyrooster]

Right will do, thanks to DX too xxx