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Asset/TM Claimform - old Ferratum UK Ltd PDL


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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

 

 

 

 

 

 

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please complete this:     dx  

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 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.  

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).

 

 

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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.

 

 

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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 ?

 

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

We could do with some help from you.

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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

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 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.

We could do with some help from you.

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 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 by rubyrooster
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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

 

We could do with some help from you.

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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 )

 

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You can alway click my heart >>>>>>>>> :wink: 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.

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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

 

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Hi Andy and DX,

 

Update .....

 

Court have sent hubby a letter received yesterday, stating they have noted his defence and forwarded it to the claimant whom has 28 days to respond or the matter will be stayed (process which I know you'll be familiar with).

 

Also received today an email from TM Legal refer below (coincidence ?)  ...

 

Good morning,

 

Thank you for your email.

 

Please find attached your Original Credit Agreement and other supporting documents as per your request.

 

The password to open the document is your date of birth in the format of DDMMYYYY.

 

Please do not hesitate to contact us if you require any further assistance.

 

Kind regards,

 

I have uploaded the received documents with this post.

 

I have no idea if their  response of today,  is a delayed response to my initial email of 14 Aug (whereby they replied 16 Aug with CCA and SEECI), and issued and received to my own email address (not from my Husbands email), which is where todays email was also received. 

 

Or this is actually a response to the CCA and CPR requests I recently sent on your advice to TM Legal and Asset Collections, (and possibly further to the court now advising them of hubbys submitted defence).

 

The fact that TM legal have now also included an alleged copy of letter of assignment (which they did not send with their initial reply of 16.8.19), suggests to me that this my well be a response to their receipt of my hubbys recent CCA/CPR letters.

 

Interestingly the PDFs of the SECCI and CCA they have provided both on the 16.8.19 and today 29.8.19, show (within properties) an access and modification date of 30 Nov 2018 - which is NOT the same date as they say the loan was created in 2015, nor the date of the alleged assignment which their assignment letter states occurred on 11.2.2019 - so that's a bit confusing and I thought worth noting.

 

I have again blacked out where my hubby's name and address has been typed in and uploaded the docs as PDFs.

 

My initial thoughts are that the letter of assignment has no date of construction/ issue within the header.

 

It appears the CCA and SECCI recd today, are duplicates of those issued on 16 Aug 19 also by email (with the same access and  modification date of 30.11.18).

 

They have not supplied a copy of the default letter, nor any statements or any other documents requested.

 

Hope this post makes sense and the uploaded docs are legible.

 

Advices for what should the next step should be ??

 

Thanks guys x

 

 

898989_33033_CCA.pdf 898989_33033_SECCI.pdf copy assignment letter.pdf

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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)

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

 

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Hi Andy,

 

Thanks for your reply. 

 

So at this point I don't go back and challange anything received that doesn't stack up, or documents requested but not provided by the cliamant.

 

Instead I will sit tight and await further contact (which I assume will be from the court).

 

Further updates as and when received.

 

Many thanks again Andy x

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I think it might be wise to send one email in reply stating that xxx email addresses are NOT to be further used in relation to anything concerning the claim.

state their addresses will now be blocked and bounced.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi All

 

Update

 

Have this afternoon received the following email (which is a cc of an email they have sent to  CCBC <CCBC@Justice.gov.uk>

 

Dear Sirs,

 

Asset Collections and Investigations Limited -v- xxxxxxxxx

FxxxxxxE

 

We act on behalf of the Claimant.

 

We note the Defendant has filed a defence and we wish to proceed with the claim.

 

Please be advised that the Defendant has also been sent notification of our response via email.

 

We await further directions from yourselves.

 

Yours Faithfully,


 

TM Legal Services

 

 

END OF EMAIL

 

Do I need to do anything  at this point ?  Have still no received any documents other than the 3 email docs I posted up last week.  (still no statements, evidence of drawdown, default notice etc)

 

Thanks in advance xx 

Edited by rubyrooster
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did you not send that do not use my email msg?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did you block/bounce on your email webportal?

bounce the email back to them

 

its a nothing burger email anyway.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

I have returned the email to them and reminded them that they have been instructed to only communicate in writing, and reiterated that all emails will be automatically deleted.

 

Do we  just sit tight for now and wait to hear from the court ?

x

 

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