Asset/TM/Perch claimform - old lending stream PDL debt

[fkofilee]

Hiya 

 

https://www.perchcapital.co.uk/

 

They own TM Legal and ACIl...

[AndyOrch]

Threads merged.

[dx100uk]

well one tip

tell him to STOP using email!!

send one further email to perch and TM stating that email is not to be use for any further communications regarding the claim and that their addresses are now blocked.

 

type in 

witness statement PDL

 

in our custom google search box

 

don't forget post 30!!

 

 

[trullymadness]

Thank you dx100uk, will tell to my friend today. 

[trullymadness]

Just went through all paperwork my friend has related to his case with Assets. We created some timescale. Sorry for a long post.
email - 17 Aug 2017, Lending Stream
On and with effect from 14th August 2017 the Lending Stream assigned to Asset Collection & investigation limited.

email - 17 Aug 2017, Assets
On and with effect from 17/08/2017 the assignor assigned to Asset Collections & Investigations (Assignee) all its rights.

Post - 6 Feb 2018, Claim form received

CCJ initiated

email - 9 Feb 2018, Assets
We have initiated a County Court Claim against you to recover the monies owed.

Post - 26 Mar 2018, Defendant
CPR request and 1 pound sent

email - 28 Mar 2018, Assets
Following your recent correspondence, the requested documents are attached to this email.

Post - 20 April 2018, CC
Notice of transfer of proceedings

Post - 19 July 2018, Assets
First witness statement and particulars of the claim including Notice of Assignment from Assets stating:
'We refer to the fixed sum loan from Lending Stream. on and with effect from 21/08/2017 the assignor assigned to Assets all its rights. 
This letter was never received by the Defendant and this letter does not show any date on it.

Post - 29 December 2018, Assets @ TM legal
a. We instructed TM legal to act on our behalf in relation to the CC proceedings which have been brought against yourself in relation to the arrears in your account.
b. We, TM legal, have been instructed to act on behalf of Assets in relation to the CC proceedings which have been brought against yourself in relation to the arrears in your account and moving forward CC case.

Post - 4 September 2019, CC letter
Court date set for 7th October
Point 6. states that there be permission for the Claimant to rely upon the witness statement of xxxxx, same person name that on docs sent before to the Defendant on 19/07/2017 dated 19/07/2019 pursuant to CPR.27.9(1)(a)

Well, there some questions arises now - whats the real date of Notice of Assignment, why there is no date on Assets letter and why the witness statements dates are different? The person on her witness statement claims to be from Assets but according to the letters, TM legal is now dealing with it as well as Perch. 

Any suggestions on this, please. Maybe my friend somehow can use these mistakes when attending the hearing.
Thank you all in advance for any help. Have a good day. 

 

Just a quick one - can my friend ask the court for permission to have a 'Lay Representative'. If yes, then how he can do that. The problem here is that he does not feel very confident with the language. 
Irresponsible lending claim against LS was filled and sent as well. LS was ok with 3rd party and deal with them will my friend missus. Does he need to tell TM legal and court as well that? Also, emails were sent to Assets, TM legal and Perch and they email addresses blocked as previously advised from dx.

 

 

 

 

 

 

 

 

[dx100uk]

you dont know who the claimants rep is yet but if it is just a solicitor then they cant answer questions about someone else's witness statement so you can say that as the person who wrote it isnt present - you cant cross examine them - so ask for it to be struck out.

 

the judge might say yes or they might say no but if the latter then you will need to rubbish it and object if the solicitor tries to "explain" things other than law.

 

Either side may use a lay representative to help them present but that rep cant answer questions either

 

 

[trullymadness]

Hi all,

was a bit busy with my friends witness statement.

 

It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a).

I'm not sure do my mate will be ready to go as he fall in deep depression,

lost his interest in life and do not communicate at all now.

 

Ok, there is the WS attached.

 

Thanks DX for advice, I found some good ones here.

No names stated in case someone from claimants side reading this.

Will be appreciated for any advises and corrections.

Thank you in advance.

 

 

 

 

PDL defendant WS.pdf

[trullymadness]

Morning folks,

Still some days left for my mate to send his WS and evidence. 

Can someone explain this, please. 

Lay Representative at a Small Claims hearing under CPR 27 paragraph 3.1 (a) where his client does not attend the hearing.

How it works?

Do defendant have the rights to not attend the hearing under this paragraph and Lay Rep can read his witness statement. Are there any specific forms on this case to fill for the Court before hearing to allow this?

Thanks

[AndyOrch]

Just serve notice to the court and the claimant pursuant to CPR 27 paragraph 3.1 (a) that your friend will not be in attendance and that he relies solely on his witness statement and evidence in his absence. 

[trullymadness]

Thank you Andyorch

 

May I ask you, please, to do a quick check on the WS I wrote for my mate /file was attached in previous post/.

Can we add to WS that currently a dispute was raised with LS about irresponsible lending. 

 

[AndyOrch]

I have already viewed it ......which contains mostly previous drafted statements that I have prepared ...there is no right or wrong way to draft a statement....you have the format correct and layout.....the content should be your own words in support of your defence.

 

With regards to irresponsible lending....I'm afraid that does not form part of a defence and would have to be taken up with the original creditor IE Lending Stream.

Andy

[trullymadness]

Thank you, Andyorch.

Yes, that's what  I did, just changed dates and adjusted to my mates given info. Have no experience at all in this just trying to help as much as can and really appreciate the help. He will send everything out on Friday as they need to receive it till 30/09 4pm. Have a good day

[AndyOrch]

Don't forget if you are referring to any documents you must mark them within the statement see exhibit a b c etc ...and attach them to the statement.

[trullymadness]

Yes, will do. Thanks Andyorch.

 

Just got a call from my friends wife.

TM send him an email today.

 

As advised before by dx he send a message to them asking to stop any further communication through email.

This email address is complete different then those he blocked.

 

I'm not fully sure about all the email content but the cc copy is sent to the court enquieries team as well.

They prepared a new WS on different persons name, they will not attend and they accusing my friend in not sending his WS to them. But as per letter from court he need send them till 4pm on Monday 30th.

 

I'm currently at work and will find out tmw morning all the rest of details.

At this point, what"s the next he can do.

Can he ignore that msg and relay on the previous WS he received?

Even the court letter states ws from different person.

Is claimant allowed to change that?

Sorry, too many questions.

[AndyOrch]

Has the court sent this second witness statement ?  Do they provide a cover note as to why the claimant has submitted a second statement ?

[trullymadness]

Got some files from my mates spouse.

Files merged - email and attached WS,

just took out all the sensitive info and marked text which seems wrong.

Nothing from court.

 

Absolute confuse now as I sent the prepared ws already to his spouse as she's going for work tmw and want to print out and prepare to send them off.

 

WS2-merged_(1).pdf

[dx100uk]

eh?

not sure where in your defence you part admitted the claim?

what are they going on about?

 

my notes...

you don't have to send the claimant a copy of your defence. the mcol court system does that.

 

was the £1 payment the cca fee?

its not dated?

 

default notice is debatably non compliant

only gives 16 days..no proof it was sent by 1st class post.

 

[trullymadness]

Thanks DX.

Yes cca, and he noted that is not to be used for any other purpose nor any other payment against any alleged debt. 

Point 26 very interesting especially the dates and added exhibit. Where is the copy of letter?

 

Will pop to my mate now as he received them docs with the mail today.

Still the question do he need write another ws now.

The latest my mate can send out is this Friday as 30th already on Monday.

 

Any ideas about the ws. Do we need to write ws again or stick on the first one. It was sent from them last year and the witnesses name is on the court letter as well. 

Hope u received a little thank you in form of donation earlier today. That's from my friend.

 

 

Well, the time is ticking out and my mate decide to go with the ws we crated and will ignore this email from TM as he asked them to stop email communication. 

 

I didn't find any law covering the changes of witnesses and them statements and can't advise him what and how to do as I'm not a lawyer. Maybe I'm wrong in something but I hope that some how I helped him. 

 

Anyway, if someone have the last advice then can you, please, post it here. Thank you

[AndyOrch]

Just running through this thread there is a glaring error ...if this was allocated last July 18 and the claimant served its statement on you with evidence....why has it taken over 15 months to get to a hearing ?

 

Andy

[trullymadness]

Hi Andy,

Thanks for your response. All I know that he received ws and exhibits form them last year July. Asked my mate to send me all copies of court letters he received and they are on attached file. 

 

cp.-converted.pdf

[dx100uk]

looks like someone at the court made a 2018 2019 typo IMHO.

 

dx

 

[AndyOrch]

Can we have a copy of the first statement from (July ) 2018 ?

[trullymadness]

Yes, will scan now and attach here as have all my friends paperwork with me.

[trullymadness]

WS attached

merged.pdf

[AndyOrch]

Thanks...dated July 2018......

 

Now why did they submit that statement last year ?   Did you submit one last July ?

 

Have you got a copy of the Notice of Allocation (N157) which you would have received after submitting your DQ N180 of March 2018 ?  Which I would assume would be dated around  April/May 2018 possibly .