Azzurro Claimform - Unregulated Business Loan from Liberis.com - Sole Trader - my name" T/A "Business Name

[CornishRose]

Claim Form Dated: 16 September 2022.

 

Not sure what to do with this.   This relates to when I had a shop, over 2 years ago, which closed down in the pandemic. 

I think I was introduced via World Pay to Liberis, who gave small loans, and you paid it back via your World pay and your card machine.

I do not recall them saying it was unregulated  it was all done on line and phone. 

 

I remember vaguely speaking to them when I closed the shop, and telling them my predicament, but that was it. 

 

I have never received any paper work or letters.  Phone calls quite possibly, but I don't answer unknown callers. I have changed address several times since closing the shop, so quite possible missing letters. but have had the same address for over 18months and have never received any letters. 

 

As its classed as an unregulated loan, how would I proceed?

 

Thanks in advance. 

 

 

Particulars of Claim

 

The Claimant's claim is for the sum of £3518.25 being monies due from the Defendant to the Claimant under an unregulated agreement between the Defendant and Liberis and assigned to the Claimant. 

 

Notice of the assignment has been provided to the Defendant.

 

AND the Claimant claims the sum of £3518.25 together with interest accruing from the date of this application at the Statutory rate of 8.00%, which is a daily interest rate of £0.77 per day.

TOGETHER with the costs of this claim

The sum claimed above by C includes costs in the sum of £70.00 under the Late payment of Commercial Debts Act 1998, as detailed in previous correspondence to the D

[dx100uk]

Matters not it's unregulated.

 

Were you a sole trader or a ltd company?

 

Dx

[CornishRose]

sole trader 

[dx100uk]

did you sign a personal guarantee ?

 

assuming also that you did take this out in your business name and not in your own personal name?

there are several Liberis firms listed, do you know their address, but as they've sold this debt on to a debt buyer, this already sounds dodgy to me.

 

can you fill this out please:

DX

 

[CornishRose]

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

 

Name of the Claimant ?Azzurro Law Limited, Eastleigh, Hampshire

 

Date of issue – 16 September 2022     Reply by 17 October 2022

 

Particulars of Claim

 

1.The Claimant's claim is for the sum of £3518.25 being monies due from the Defendant to the Claimant under an unregulated agreement between the Defendant and Liberis and assigned to the Claimant. 

 

2.Notice of the assignment has been provided to the Defendant.

 

3.AND the Claimant claims the sum of £3518.25 together with interest accruing from the date of this application at the Statutory rate of 8.00%, which is a daily interest rate of £0.77 per day.

TOGETHER with the costs of this claim

 

The sum claimed above by C includes costs in the sum of £70.00 under the Late payment of Commercial Debts Act 1998, as detailed in previous correspondence to the D

 

What is the total value of the claim?  £3518.25 + £70 = £3588.25

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  not sure
 

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? commercial loan, unregulated 
 

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

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...) ?dont know

 

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. its been assigned
 

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

Did you receive a Default Notice from the original creditor?  no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?    not sure
 

Why did you cease payments?    Business closed in the pandemic 
 

What was the date of your last payment?      not sure 2020 sometime. 

 

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?  I believe i did speak to the original lender at the time and told them I was unable to pay as the shop was closed. I didnt enter into any formal agreement with them. 

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

these were the original creditor

 

Liberis,
58 Wood Ln, White City
London
W12 7RZ

 

 

 

Small Businessess | Liberis

WWW.LIBERIS.COM

 

I dont recall signing a personal guarantee? and I dont think I have any documentation either, as it was all on email? Which I dont have anymore. 

 

It was in "my name" T/A "Business Name."..

 

 

[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 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/

.

 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
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] 18th oct by 4pm.

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

 

[CornishRose]

Thank you, once again, you are brilliant. 

 

CR

[dx100uk]

add in

copy of signed agreement

copy of signed personal guarantee.

 

dx

 

[CornishRose]

So, just to be certain, these are the documents I should be asking for?

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.  

2: Notice of Assignment  

3: The Default Notice   ?

4: Statement of Account?   

5. Copy of signed personal guarantee 

 

Im not sure if I should be including No.s 3 and 4? as they are not in the Particulars of Claim?

 

Please can you advise. 

 

I have filled in AOS over at MCOL. 

[dx100uk]

send it anyway cant hurt.

 

they will have to  disclose everything in their WS anyway at disclosures stage

we dont see many business loan cases and many of the knowledgeable helpers are at this time not about for a while.

so we'll do our best till they return.

 

 

dx

 

[CornishRose]

Thank you. 

 

Just some musings.  

 

I dont think Liberis asked for a personal guarantee....I found some info on their website. 

https://www.liberis.com/blog/transaction-based-financing-the-future-of-responsible-funding 

 

and also World pay say the same on their site. 

https://www.worldpaybusinessfinance.com/faq-s

If it had been a LTD co, then a PG would of been required. 

 

 

[dx100uk]

pers from day 1 , i think azzurro are flying a kite here,

 

it's a speculative robotclaim where no-one legal wise checks anything till if (ever) it gets infront of a judge.

 

they were hoping, as most of the claimants on some +750'000 speculative court claims each year do,

 

that you would wet yourself and cough up as soon as the claimform landed and contact them and get spoofed.

 

When as with all these speculative claims, once you scratch the surface, rather big holes appear in the validity of their claim.

 

think of it this way, why didn't the original creditor take you to court themselves and crush you, rather than sell it on for <10p=£1.

 

dx

[CornishRose]

OH no.....I should of filed a defense by the 16 October....I had written the date down wrong and thought it wasnt until 26 October....Help......

 

OK its 18 October, phew.....

 

Should I file a similar defense that I did before, for Kearns?

[dx100uk]

33 days in total . Where by the date on the claimform top right is ONE in the count .

 

Yes same as link but you can't reference the CCA bit 

 

Dx

 

 

[CornishRose]

Many thanks, had a panic there..phew....

[CornishRose]

Hi, I have deleted all references to CCA.

 

Please would you be kind enough to look over my defence.

 

Many many thanks.

 

CR

 

1.The Claimant's claim is for the sum of £3518.25 being monies due from the Defendant to the Claimant under an unregulated agreement between the Defendant and Liberis and assigned to the Claimant. 

 

2.Notice of the assignment has been provided to the Defendant.

 

3.AND the Claimant claims the sum of £3518.25 together with interest accruing from the date of this application at the Statutory rate of 8.00%, which is a daily interest rate of £0.77 per day.

TOGETHER with the costs of this claim

 

The sum claimed above by C includes costs in the sum of £70.00 under the Late payment of Commercial Debts Act 1998, as detailed in previous correspondence to the D

 

 

1.The Defendant contends that the particulars of claim 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 noted. I have had in the past a contractual relationship with Liberis. The Defendant does not recognise the reference number provided by the claimant within its particulars. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information. 
 
 
3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or 
Liberis. 
 
 
4. On the 02/10/2022 I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant as yet to respond to this request.  Azzurro Law is as yet to respond in relation to the CPR 31.14 request.  To date, 18/10/2022, no documentation has been received. The claimant remains in default of my section 78 request. 
 
 
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 proof of assignment being sent/ agreement/ balance/breach or termination requested by CPR 31.14, therefore the 
Claimant is put to strict proof to: 
 
 
(a) show how the Defendant entered into an agreement; and 
 
(b) show and evidence the nature of breach and service of a 
default notice  

 
(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 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. 
 
 
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. 

 

[AndyOrch]

Quote

4. On the 02/10/2022 I requested information pertaining to this 
claim by way of a CPR 31.14 request. The claimant as yet to respond to this request.  

Azzurro Law is as yet to respond in relation to the CPR 31.14 request.  

To date, 18/10/2022, no documentation has been received. The claimant 
remains in default of my section 78 request. 

 

[CornishRose]

Hi thanks. 

 

Ive submitted the defense.

 

Fingers crossed. 

 

Thank you for all your help.

 

CR

[CornishRose]

Hi I have received this from Azzurro and also a Direct Questions, with a reply date of 12 December!. 

 

Thanks 

 

Cornish Rose

 

CPR Return .pdf

[dx100uk]

lets have the directions questionnaire please

did this come from the court and is blank?

or 

is it from the fleecers and their copy of what they claim they have sent to the court?

 

what is the status of the claim on MCOL..

 

dx

 

[CornishRose]

Hi, Directions questionnaire is from the court and is blank. 

 

on MCOL - No status.  Last one was when they sent out the DQ. 

[dx100uk]

 

 

 

 

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[CornishRose]

News:  

 

I have my telephone mediation date set for just over a weeks time.   

 

Any advice would be welcome. 

many thanks 

 

CR 

[dx100uk]

zero CCA/CPR returns yet?

[CornishRose]

Hi, back on 14 December 2022 my post. 

Ive attached what they sent me. 

Along with their snotty letter saying that I had copied a pro forma letter from the internet that wasnt applicable to me...as it is an unregulated loan etc...

 

So what is attached is all i have received. 

They say I have no way of winning as its a non regulated loan.