• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

*** SETTLED ** Court Claim - Asset Collections / Lending stream - 8-9-2017

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • *** SETTLED ** Court Claim - Asset Collections / Lending stream - 8-9-2017

    If you need help dealing with TM Legal please make a thread on the forum -> MAKE NEW THREAD

    Received a claim? Yes
    Issue Date: 8-9-2017
    Amount approx: 2246
    Claimant: Asset Collections & investigations Ltd
    Solicitor: N/a
    Original Credit: Lending stream

    Particulars of Claim:


    Stat Barred? No

    Have sent:

    Other Info:
    I have been really unwell with a severe mental illness for the past 14 months, and advised Lending Stream of this last year. I was diagnosed with bi polar, and missed significant time off of work, a considerable amount of that was unpaid. The Lending Stream were aware of this. They so,d the debt on to a third party as above, the first correspondence I received from asset collections was a county court claim form.
    When I went to search for my emails to the lending stream to remind myself of our last messages, I came across an email in my junk folder from asset with a monthly instalment plan or reduced settlement offer which I had to respond to within 10 days. I responded to the email twice explaining that their 1 email of correspondence had gone into my junk folder and no further attempts had been made to contact me (nothing in the post etc) prior to applying for the ccj. I really need help completing this form. I have acknowledged the debt and take ownership of the debt, but I dispute the particulars of their claim that I failed to give them opportunity to resolve amicably and in fact it was me who failed to have the opportunity to resolve as they did not make a reasonable attempt to contact me.

    I really need help I have tried cab, national debtline, legal helpline (who referred me back to debtline) I'm getting nowhere and really need urgent help as I need to respond to the claim

    Im really scared of the consequences as I will have problems with my employer if I accrue a ccj, who aren't overly pleased with the support that I've needed in the past year to keep hold of my job. I would just like to say I am taking new medication and have been back to work full time for the past 4 weeks and so now feel able to deal with my finances
    Tags: None

  • #2
    Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

    Hi there

    Welcome to the forum.

    Firstly, what date is the date of issue on the court claim ? ( answered it's 8th Sept )

    Have you just put the acknowledgement in via Moneyclaimonline with intent to defend in full ticked, or have you written anything in the defence box ?

    Have you sent any letters to the claimant at all ?

    Check your dates (33 days from 8/9/17 )is your defence due date || First Steps ||
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

      Particulars of claim
      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.
      the defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable solution.

      - - - Updated - - -

      Hi Amethyst, thankyou for responding so quickly. I have been advised that I cannot defend the claim if I acknowledge the debt and so I'm sitting here completely confused about what I'm supposed to do, as what I'm defending are the particulars of the claim that I have not responded to their attempts to resolve the situation amicably.

      Comment


      • #4
        Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

        CPR 31.14 Request Letter can ask for the CONTRACT and the NOTICE of ASSIGNMENT - is their a solicitor acting for the claimant ? If so it goes to them, otherwise this can go to Asset Collections.

        CCA Request Letter to Asset Collections & Investigations Ltd
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

          I haven't acknowledged yet as I don't know how to fill in the form or what my defence is so I've on,y got the 14 days until I know what to do

          Comment


          • #6
            Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

            Originally posted by Lini View Post

            Hi Amethyst, thankyou for responding so quickly. I have been advised that I cannot defend the claim if I acknowledge the debt and so I'm sitting here completely confused about what I'm supposed to do, as what I'm defending are the particulars of the claim that I have not responded to their attempts to resolve the situation amicably.
            Defend the whole thing to begin with, you can always switch to making an offer later. If you do an Admission on the court forms you will have a CCJ unless you pay it all within a month ( which I'm simply guessing isn't a possibility )

            Step one: Acknowledge the CLAIM ( not the debt, acknowledgement is just saying ''I have received the claim form" )

            Step two: Gather information and make sure the claimants have the actual right to claim the debt from you.

            Step three: Decide whether to defend the claim or try negotiate settlement out of court ( so you pay a fixed monthly amount each month but don't have a CCJ )
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Court Claim

              This is info on the acknowledgment -> http://legalbeagles.info/library/gui...ledge-a-claim/

              If you prefer to do it on the paperwork ( response pack ) you'll need to get it posted tmw.

              http://legalbeagles.info/wp-content/...obe-Reader.png

              Just the bottom section of that page goes back to THE COURT ( likely Northampton county Court Business Centre )
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                Thankyou I'll send these letters now (do I need to do that if I've already acknowledged in email that I owe the debt)

                i have emailed them twice - no response, I today emailed them a formal letter of complaint and advised I will send it recorded delivery.
                daft question.. how do I send them the £1?

                Comment


                • #9
                  Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

                  Email sent today - it's long so understand if you don't read it... it's just so you know what I've done in case I've compromised my defence already


                  To whom it may concern

                  I just wanted to contact you regarding my account, to advise you that I am going to make an official complaint to the ombudsman and wanted to give you the opportunity to respond before I do so.

                  On 11th August I received a county court judgement claim on behalf of yourselves, Asset collections and investigations for a debt you have purchased from Lending Stream.
                  This was the first communication that I had received from you and was understandably confused about this aggressive course of action.

                  I immediately searched my emails to find an email from lending stream to be reminded of our last communications and found an email from you in my JUNK folder saying that you would like to make some payment arrangements with the offer of a reduced settlement agreement.
                  The reason that I searched for this communication with lending stream for information on our last email exchange was because the Lending Stream were well aware that I had been suffering from a severe mental health disorder and was on various psychiatric medications and under the care of a psychiatrist for bi polar.
                  I had taken considerable time off of work and had exceeded my company pay and that along with my being really ill meant that I had fallen severely into arrears with all creditors including my priority debts.

                  When my details were sold to you, I believe that you should have been informed that I was considered a vulnerable customer according to FCA definition, and therefore should have been dealt with in an understanding and sensitive manner.

                  The ONLY contact that I received from you was received into my junk folder and not seen until after the claim arrived.
                  The claim states that 'the defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable conclusion'
                  I dispute the particulars of this claim as I actually believe it was me, the defendant, who has been denied any opportunity in assisting the claimant in bringing the matter to an amicable conclusion

                  I do not believe you have made reasonable attempts to make an arrangement with me, furthermore, I believe that you are aware that there is an issue with regards to your contact emails being filtered into customers junk items, as other customers have also had the same complaints, some even receiving mail from you advising that they some people have an issue with your companies emails being received straight into their junk items.
                  In this case I believe you have at the very least a moral obligation to ensure that before you pursue court action against an individual you should attempt to make all reasonable attempt to contact the defendant, which should include by post (in order to increase the likelihood that the defendant actually receives the contact).

                  I emailed you by return on the same day of receiving the county court claim and the email in my junk items twice, in order to resolve this matter 'amicably' and to date have received no response

                  I will also be making a complaint against lending stream on the basis that they should have informed the purchaser of the debt that the customer is vulnerable as a result of a mental disability in order to allow you the knowledge to act in a less aggressive and short sighted manner (i.e. A window of ten days in which to respond before court action occurred) if not to act with compassion.

                  I will be sending a copy of this letter both to yourselves and Lending Stream by recorded delivery as well as copies of the other contact that I have attempted to make with you, and will use the points made above as the basis of my escalated complaint to the ombudsman

                  In order to rectify the situation I would ask you to withdraw the court claim and negotiate an affordable amount of monthly repayments with me directly in order to reach the amicable conclusion which you state you have attempted to seek.

                  Regards


                  Last edited by Lini; 20th September 2017, 14:58:PM. Reason: Removed name

                  Comment


                  • #10
                    Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                    Don't email them again

                    £1 you need to get a Postal Order - so you get that from the Post Office ( they are likely well used to selling £1 postal orders for this purpose - I think they charge you 50p as well as the £1 )

                    Might be an idea if you paste what you have already sent since getting the claim on here ( leave off personal details )

                    AHHH you read my mind xxx
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                      Just took my name off... what a drip

                      Comment


                      • #12
                        Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                        That's okay It's more a complaint ( and a bit of a rant ) than an admission xxx

                        You might need to log in on MCOL to make sure nothing untoward had gone on (we have had instances of claimants sending letters to the court as 'defence' so best to check !) - and also that you can still acknowledge as you are pretty close to deadline for acknowledging the claim.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                          I tried to log on and I can't remember my username. Even though I only used it last night, one of the probs I'm having with the medication... it works but I struggle really badly remembering things and finding the words I want to say when I'm talking.
                          Is it the same as mcol customer number?

                          - - - Updated - - -

                          Oooh no... got it x sorry

                          Comment


                          • #14
                            Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                            Right.. done that - really want to thank you. I've called 6 agencies today they've all passed me back and forth you are the first person that has avtually offered help and useable advice - they all said I must admit the claim though as otherwise I might be liable for further costs... I'm taking your word for it..they can't take what I haven't got anyway!!

                            Comment


                            • #15
                              Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                              Oh they are all a pile of poo when it comes to basic court claim stuff. No wonder 87% of court claims end up with a default judgment ! insane!

                              They've already added solicitors fees and court fee on to the debt - there's no more costs anywhere near in play until you got to a hearing... and that's miles off ( and hardly ever happens )

                              Don't worry - we'll guide you through much as we can regardless of which way you decide to go with it - but at least give yourself a chance by gathering the relevant documentation first !.

                              xxxx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X