Azzurro/Restons claimform - old Kensington secured loan (no longer secured as old home they repo'd). ** *Claim Discontinued***

[honeybee13]

Thread reopened.

 

HB

[Paulxo37]

Thanks.

 

Azzurro has now taken me to court for more than 10k regarding the above. There was no warning.

 

They must feel confident they can win?

 

Help!

[dx100uk]

You mean you have an n1 claimform pack from northants bulk court

 

Dx

[Paulxo37]

N9 pack, Northampton...

[dx100uk]

No thats the reply pack.

the claimform says N1

 

no bother.

 

please complete this:

 

DX

 

[Paulxo37]

Which Court have you received the claim from ? County Court Business Centre, Northampton

 

MCOL Northampton N1 ? Yes

 

Name of the Claimant ?  Azzurro Associates ltd

 

Date of issue – 14 June 22

 

Particulars of Claim

 

What is the claim for – 

1. The Claimant claims payment of the overdue balance from the Defendant under a contract between the Defendant and Kensington Mortgage Company Ltd, dated on May 11 2006

 

2. Assigned to the claimant on Jul 1 2020. Notice of the assignment has been given to the Defendant 

 

What is the total value of the claim? £12k
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? If you mean a claim for the debt yes, but no warning of court proceedings.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No. Secured loan on re-possessed property.
 

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

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

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, debt purchaser has issued it. 
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes.
 

Did you receive a Default Notice from the original creditor? Yes, I believe so. It was 2011/12
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No.
 

Why did you cease payments? Originally, could no longer afford them. 
 

What was the date of your last payment? I made some token payments but stopped approx. 6 months ago. 
 

Was there a dispute with the original creditor that remains unresolved? Not particularly. 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.

 

[AndyOrch]

I have unapproved your upload as the claim number is still showing.

 

Andy

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

who was the 1st charge mortgage with kenny's too?

just after background 

 

dx

[Paulxo37]

Thank you.

 

I have entered as you say on the MCOL site.

I will send those two off tomorrow. 

 

It is very much appreciated. 

 

What is the plan once they're sent off?

[dx100uk]

As any other loan claimform thread here..

 

Who was the 1st charge mortgage wirh please

 

Dx

[Paulxo37]

Sorry I forgot to answer that.

 

Platform. 
 

house repo’d 2012. 

[dx100uk]

god you pick rip off merchants. kennys/welcome/platform

 

did platform not object? or they got their pay off from the sale first?

 

did you ever get an sar reply from azzurro or kennys on the multiple times we asked for them?
would be nice to see a full set of statements as i suspect that £4k charges you found was not calculated at their interest rate from the date ofeach penalty fee

it could be the whole balance is bogus and thats why kenny's soldi t on.

 

dx

 

 

 

 

[Paulxo37]

Yeah I was pretty naive. These were recommended by a broker. I had poor credit.

 

platform sent me an initial request for a 10k balance after repo, but then I never heard anything again, nor did it appear in any credit file.

 

I can’t recall about any Sar requests so I guess we’ll see what Azz have got. 

 

Courty courtp.pdf

 

Also the timing of this - I've just put my current house on the market, and I think that information is available somewhere. Suddenly a court demand... hmm.

 

Letters sent.

[Paulxo37]

Hi all,

 

What is next on the agenda? I've not heard back yet from either of these. 

[dx100uk]

On 16/06/2022 at 23:09, dx100uk said:

you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

Dx

[Paulxo37]

How do I mount a defence and what would it be? Thanks.

[dx100uk]

you get reading up.

 

use our enhanced google searchbox

 

claimform loan

 

and read a good few 10's of like threads

 

twill be our std no paperwork/holding defence

 

dx

 

[Paulxo37]

Thanks, I'll get reading.

[Paulxo37]

Here is my defence. Could I have some guidance on it please?

 

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

 

1. It is admitted with regards to the Defendant once having a loan agreement with Kensington Mortgage Company Limited.  It is denied that I am indebted for the alleged balance claimed.

 

2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

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

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

(c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

4. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 20th June 2022 namely the Agreement, Notice of assignment, The default notice, The termination notice and statement of account.

 

The Claimant has not responded to my letter. 

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

[dx100uk]

Urm .

You appear to have 1+2 correct, as it's a loan, (was a secured one)

 

But 3 onward appears to be from an overdraft defence? Have you mixed the two from a threads you found?

 

Dx

[Paulxo37]

I thought it was equivalent. Ok I'll double check over this. Thanks.

 

How is this please?

 

Defence:

 

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

 

1. It is admitted with regards to the Defendant once having a loan agreement with Kensington Mortgage Company Limited.  It is denied that I am indebted for the alleged balance claimed.

 

2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant; 

the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, 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; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. 

To date the Claimant has failed to comply to my section 77 request.

 

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

 

6. 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 82 A of the consumer crediticon Act 1974.

 

7. 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.

 

Any help guys? 

[dx100uk]

add in after 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.

 

then pop up on MCOL and file the defence 

 

just a quick question

 

having read the thread again.

 

from when the home was repo has there ever been a gap of 6yrs whereby you did not pay anything?

 

[Paulxo37]

Clock started on 14 June, isn’t today the final day I can make the defence?

 

yes I woke up this morning thinking I’d forgot to mention this. Thank you. 

 

I’ll have to check on that, will get back to you shortly. 

[dx100uk]

Should have been Friday by 4pm. Did you not read that sticky that you put the q&a up from fully?

 

But it's nothing to worry about, you are a LiP (litigant in person...Joe public against the system & given certain leeway 

 

If there ever was a period of 6yrs no payment, that would be very good for you 

 

Dx

[Paulxo37]

Ok. I hadn't heard from you so I submitted at 10pm on Friday so hopefully that will be ok.

 

My first payment to KMC was Sep 16 and until Sep 20 I paid back a total of £2600. (eek.)

 

As house repo'd July 2012 I suspect that is less than 6 years - I think I tried to make payments leading up to less than a year before repossession.

 

This repayment should have reduced the original loan amount by about 25%, but judging from their claim this is not the case. 

 

If they can't provide the documents - does this mean they will not bother to continue to go to court? 

This is starting to affect me now - I'm having nightmares about court etc.