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

[trullymadness 1]

Hi CAG members,

 

last year you all helped me resolve my problems with Court Claim and at the end i win, thanks a lot.

 

Now again i need to ask you for a help.

 

It is about my friend, he is 60+.

Some time ago (around 2013/07) he had trouble with gambling.

He has hidden that from spouse and stuck with PDL to cover loses.

One of them was Lending Stream.

 

In three months he took 3 or 4 loans with them.

The last one he can not manage to pay back and got a default on his credit file.

 

As far as i know, the family was contacting LS to speak about repayment plan, but they were turned down and ignored.

Of course spouse was not happy and they split after 20 years of marriage.

But as for happy side, they are together again. Now the dark side.

 

Yesterday my friend received Court Claim from Assets Collection & Investigation.

It state that Assets bought this loan from LS and now have all rights on money owed.

They claim around £1080 + interest + court fee £70, all together around £1200.

 

For now i understand that he need to acknowledge the debt in 14 days time, is that right?

I did not see that Court paperwork at the moment but will meet with him tomorrow.

 

I was reading about complaints for irresponsible lending as well.

Is there a option that my friend can send complaint to LS now even after received Court Claim or that is just a waste of time?

 

Sorry for long story on the weekend. Just i respect my friend and want to help him to get out of this situation.

Hope to get some help from you, thank you in advance

Have a nice evening

[dx100uk 9,711]

moved to the legal forum

 

can you get the info and complete this please:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

FYI: there are 100's of like claims here already we rarely lose

 

yes he can start a IL claim too see the PDL section stickies.

[fkofilee 1,346]

Deal with court first then raise IRL Complaint...

Link for you below.

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=69475

[trullymadness 1]

Name of the Claimant - Assets Collections & Investigations Ltd

 

Date of issue – 06/02/2018

 

What is the claim for –

 

1.Asset collections and investigation claim this amount in respect of an unpaid loan funded by Lending Stream. The defendant failed to abide by the terms of the contract

Asset collection & investigation purchased this debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

 

2.The defendant has either failed to respond from the Claimant or maintain a regular payment arrangement, thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable solution.

 

3.This claimant claims interest under section 69 of the County Court Act 1964 at the rate of 8% a year from 11/08/2017 to 02/02/2018 on £1078.27 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.24

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) - no

 

What is the value of the claim - £1189.63

 

Is the claim for - PDL

 

When did you enter into the original agreement before or after 2007 - 10/09/2013

 

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 - Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment - not sure

 

Did you receive a Default Notice from the original creditor - yes 06/10/2013

 

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

 

Why did you cease payments - personal circumstances (unemployment + gambling addiction)

 

What was the date of your last payment - 28/09/2013

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 - was asking LS for repayment plan but was denied and later ignored.

 

Good morning all,

thanks for quick response.

Just met with my friend to check hes Court paperwork.

Thanks dx100uk, i filled that form you asked.

 

Find out also that the original credit sum from LS was £500, loan term 172 days with weekly payments. Total amount to pay back - £1226.07 (that`s £726.07 in interest!)

[dx100uk 9,711]

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

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

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.

[trullymadness 1]

Thanks dx100uk, i will help my friend to fill this out.

 

As for the CPR 31:14 request, there is no solicitors address on the claim form.

Only Claimant - Assets Collections & Investigations Ltd and signed by Claimant C. McGinley.

 

Should my friend send both requests to Assets Collections?

 

Appreciate for you help dx100uk

[dx100uk 9,711]

yep

[trullymadness 1]

Quick update on my friends case.

 

We have done AOS in MCOL website.

 

Tomorrow he will send both requests to Assets Collections.

 

Is it ok to use Royal Mail Signed For® 1st Class or we should choose different one?

 

For CPR 31:14 - they only mentioned in Particulars of Claim about notice of assignment.

 

Should my friend ask only for this notice of assignment or he can ask for any other paperwork?

 

For CCA request please - is that section 77 we should add in request?

 

Thank you in advance again

[jon8214 52]

you can ask for Default notice as well as they state he didn't abide by the terms

 

and yes 1st class signed for is ok

 

yes its sect 77

[dx100uk 9,711]

1st class signed for is ok

but you really only have to retain proof of posting

that can be done free from the PO counter for just using a 1st class stamp

 

as for the CCA request...go read all the posts in its link.

 

CPR request 2,3,5

[trullymadness 1]

Hi CAG ppl,

 

A quick update on my friends case.

 

He send CPR @ CCA requests to Assets, they received them on 16/02.

That means they should respond to him in 12+2 days, is that right?

 

Then we calculate the last day when he needs to fill his defence is 10/03. (33 days from 06/02).

 

Can he send now complaint to LS for irresponsible lending as well?

 

He checked his credit file, there is no Assets on it.

But there are some ghost payments made to LS in 2015 @ 2016.

 

My friend knows that he made hes last payment on 28/09/2013.

LS debt shows as satisfied and account closed.

Any suggestions what that may be?

 

Thanks in advance

[fkofilee 1,346]

Claimant needs to provide proof of payment and you can put them to strict proof to do so.

Deal with case first the do IRR Lending Complaint.

[jon8214 52]

The CCA is 12+2 but they rarely comply

 

CPR is only a request and has no timescale

 

That is why we use a holding defence

 

As the 10th is a Sat defence must be submitted by 4pm on the 9th

[trullymadness 1]

Thanks fkofilee, i will tell that to my friend.

[trullymadness 1]

And thanks jon8214

[fkofilee 1,346]

Reclaiming is a process in itself and quite stressful at the best of times.

So they needs to concentrate

[mame 1]

Hi madness just a few words of encouragement you can beat these people i did twice https://www.consumeractiongroup.co.uk/forum/showthread.php?472896-asset-TM-legal-claimform-old-Lending-stream-PDL-***Struck-Out-Twice-amp-Costs***

 

go for it.

[trullymadness 1]

Hi everyone, spoke to my friend today. No letters from Assets, but the last day to fill his defence is not far.

As john8214 told before to us my friend should fill it and send till 4pm on Friday 9th. That means he need to work on defence now to not to be late.

And thanks mame, it`s sounds very hopeful for my friend.

Thank you in advance to all for help.

[dx100uk 9,711]

You file it on mcol website Friday

 

Lots of exactly the same pdl threads here already

Use the search cag box in the top red toolbar

 

Asset claim form pdl

[trullymadness 1]

Thanks dx100uk, I already searched and find some good ones that suits his case.

I will help my friend to write it tmw.

Before he will send it off can i please post here just to make sure everything is ok?

Thanks

[dx100uk 9,711]

yes please

[dx100uk 9,711]

don't forget pre action protocol...

did you check he got a letter of claim about 30days before the claimform?

[jon8214 52]

yes post here for checking

[trullymadness 1]

Afternoon all:)

Helped today my friend to write his defence. He will post it in MCOL on Friday (last day). A lot of helpful posts are here. We used one of them and added some corrections. Can please someone just give a quick look is this will be alright.

Thank you.

There it is:

 

Particulars of the Claim

 

1.Asset collections and investigation claim this amount in respect of an unpaid loan funded by Lending Stream. The defendant failed to abide by the terms of the contract

 

2.Asset collection & investigation purchased this debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

 

3.The defendant has either failed to respond from the Claimant or maintain a regular payment arrangement, thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable solution.

 

4.This claimant claims interest under section 69 of the County Court Act 1964 at the rate of 8% a year from 11/08/2017 to 02/02/2018 on £1078.27 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.24

 

 

Defence

 

1. 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.

 

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 £1189.63. 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. Paragraph 3 is denied the Claimant has not made any contact or followed any Pre-action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

5.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 15th February 2018 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 15th February 2018 the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 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..

 

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.

Edited March 7, 2018 by Andyorch
Edited

[Andyorch 10,586]

A few tweaks and reinstated parts you had removed.

 

Removed the following...not applicable and very expensive

 

10. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the defence, and would ask that the Claimants bear the costs of the amendment.

 

 

Also I thought PDLs were fixed lending therefore its section 77...not 78?

 

 

Andy