Asset Collections - CCJ - Notice of Allocation to Small Claims Track (Hearing)

Niksinclair

Hello,

I would like some advice please. I am being taken to court by Asset Collections and Investigations for an unpaid loan originally taken out with Avant Credit 21/01/2016.

I will try and give as accurate representation as I can of events so far below.

I received a letter from Asset Collections & Investigations (ACI) dated 06/03/2018 asking me to contact them. I didn't

I received a Claim Form from Northampton County Court dated 6th June 2018.

I phoned ACI stating I had received claim form askiing is there anyway we can make an arrangement and not go to court. They said no and that they have sent a letter of claim, I did not receive this.

I acknowledged the Claim and filed a defence which is detailed below:
"When making the application I didn't want to go ahead with the loan and closed down the web page before the process was complete. I received an email from Avant Credit stating that in order to approve the application they would need to varify my income and required me to scan a bank statement. I did not respond to this email and therefore believed that the application did not complete. It was not until after the 14 day cooling off period on checking my bank that I realised that the loan had completed and the funds were in my account. I wasn't able to afford this load from the beginning and believe the lenders behaved irresponsibly in the lending without checking affordability. This can easily be proven by aking Avant Credit for a copy of my bank statement, which they do not have.
Furthermore, ACI claim to have written to me giving me 30 days to contact them before they file for judgement. I did not recive this letter. I called ACI when I received the claim form and explained I had not received the letter and can we make payment arrangements now. On this call they claimed to have to which I explained I have not received any emails, they also claimed to have made numerous phones calls. I can say that although they may have made phones, they did not leave any voicemails. I do not answer my phone unless I know the number this is calling and if no voicemail is left I have no way of knowing it is not just another another unsolicited sales call.
Lastly I requested a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974), to which they had 12+2 days to respond from 25th June 2018. I have not received this. Being such an important request to their case I would assume that they would send recorded delivery as proof that they had complied with my request. By failiing to comply with my request I belive that ACI cannot get a court judgement against me."

I have since received Notice of Proposed Allocation to the Small Claims Track and Notice of Allocation to the Small Claims Track.

I am waiting for the date to be posed.

I need some advice of what to do next and how to prepare for the court apperance which I am very anxious about, not the sort of thing I have ever done before.

I sent request for CCA1974 and CPR 31.14 both by recorded delivery and included fee of £1 by recorder delivery which I have proof of receipt using templated found in this forum.

I'm just a bit stuck what to do next, would also like an opinion of my defence, hopefully haven't made a mess of it!

Look forward to comments, thanks iin advance,

Nik

sourcrates

Hi,


Unlikely you will have to appear in person, usually all done online and via post, but its possible.


They gave you a loan without signing a credit agreement, ill take that at face value for now, everything else you have done is good.


All you can do is let it play out, if its as you say, they are dead in the water basically.

Niksinclair

Hi Sourcrates,

Thanks for reply. I did e-sign before I exited the web page but didn't think the loan had gone through, I received an email from them saying they would need me to scan a bank statement before they could proceed which I didn't send.

The Notice of Allocation to the Small Track Hearing says the claim will be heard at Milton Keynes County Court on a date and at a time to be sent later and also says based on the available papers it is estimated the hearing will take one hour.

Do you think it will not go to court?

Thanks again.
Nik

Karonher

Did you make an attempt to pay the money back? That will help if they have not allowed it.

Niksinclair

Hi Karoner,
After a few months I was paying the £20 per month for a few months (actual repayments were £370 pm) to show good faith until my circustamces improved which the never did. Eventually they stopped contacting me and when I checked my credit it said settled. I'm assuming this must be when ACI brought the debt