Payday loan CCA

[scottygees]

My wife took a loan out with Avant Credit back in 2015. She has just received notice the debt has been sold to Asset Management would it be worth her sending a CCA for this? Thanks in advance

[Joanna Connolly Solicitors]

My wife took a loan out with Avant Credit back in 2015. She has just received notice the debt has been sold to Asset Management would it be worth her sending a CCA for this?

Yes

But wait until they write to introduce themselves first.

Did she receive a Default Notice from Avant Credit before the debt was assigned to Asset Management?

Di

[scottygees]

Yes

But wait until they write to introduce themselves first.

Did she receive a Default Notice from Avant Credit before the debt was assigned to Asset Management?

Di

I don't think she did and to be honest if I asked her she wouldn't know what I was talking about. The debt was included on her DMP. I can vaguely remember her applying on line for this loan and as soon as they started asking for certain details from her she abandoned the application ,or so she thought, she then got an email saying the loan had been approved and was on its way. They sent an agreement in an email following this which we still have but the signature is just my wife's printed name and at the time she was sure she never got to that stage of the application. Hope this make sense

ps just noticed the letter/email of assignment has come directly from Asset Management and not from Avant Credit.

[Pat]

Hi

Its odd you say that but recently - just for a bit of amusement I applied for a loan of 4K from a company. I did not complete the application form and the next thing I knew I had a text saying the money would be in the bank the same day. I phoned immediately and made arrangements to repay the money.

I suppose a really important question would be - did the money arrive in the bank account and what happened next

Just for info, the Notice of Assignment can come from either the original creditor or the new owner - what the law says is that the original creditor has to 'arrange' for the notice to be served as soon as possible

[Pat]

Just want to add, for a loan taken out on line these days , they usually just ask you to tick a box and type in your name ( sometimes not even type in your name) - I was something of a master at PDL's in the past so I applied for just a few

[scottygees]

Letter received from Avant Credit today basically repeating the content of the email from Asset Management. Nothing threatening yet so should we hold fire until such time they start getting shirty before sending the CCA request.? For some reason this letter is dated 5/2/2015!!

[scottygees]

Letter received from Avant Credit today basically repeating the content of the email from Asset Management. Nothing threatening yet so should we hold fire until such time they start getting shirty before sending the CCA request.? For some reason this letter is dated 5/2/2015!!

[scottygees]

So out of the blue today I get a text on my phone in relation to my wife's account.dont know how Asset Management have got hold of my number. Anyway I phoned them and told them to remount number from their records without confirming my own details.

[scottygees]

It would appear that there is a financial link going back to 2003 that my wife had with her mother which is still showing on her credit report.This has prompted these scumbags to actually send a letter to my wife's mothers address.I assume they got this address from the electoral register. Can I get some advice in how to deal with this as I think it has upset both parties.i.e. Wife and her mother. Thanks

[scottygees]

In fact is the above letter not a breach of confidentiality and disclosure of information under the data protection act? Can someone advise of how to deal with this?

[scottygees]

Is this letter not a breach of confidentiality and also an unlawful disclosure of information under the data protection act? Advice on how to deal would be greatly appreciated

[Pat]

Hi

I guess much will depend on who the letter was addressed to as really if it was addressed to your wife and your MIL opened it then they may argue there is no fault.

I know I sound negative but I remember some random DCA shouting at me because I had opened a letter to someone else that came to my address- to be honest i just opened the letters didn't even look at it

[scottygees]

My main concern is how they got my MIL address . I personally feel this is an underhanded tactic and they knew exactly what they were playing at and need to be brought to task

[scottygees]

I need a little bit of advice. In connection with the above loan and also a lending stream loan my wife took out, both of which are now owned by Asset Management. I am still unhappy with Asset Collection sending correspondence to my Mother in law as it has now caused an almighty argument and put MIL under undue stress. I was wanting to write to complain about this to said company, even though I have already had a go over the phone at them. I was wondering about going down the irresponsible lending route on both of these accounts as neither should have been granted due to wife's credit score/history at the time. I was also go to add my complaint to the irresponsible lending letter at the same time as a kind of bargaining tool to try and get them to write said debts off, due to them not abiding to the data protection act. Any thoughts or concerns about me going down this route? Or should we just send CCA requests? Many thanks in advance.

[SaltnVinegar]

Hi Scottygees

What was the nature of the correspondene sent to MIL? Was it addressed to MIL or your wife?

A creditor can use reasonable means to trace a debtor, but all depends on the exact content as to whether they have breached any data protection laws. Even if they have, I'd suggest you are better saving your energy for other battles.

There is an argument for whether they have carried out responsible lending, but again depends on the criteria entered into the time.

Personally I'd just ignore all contact with them, and wait and see what the next letter brings. The more you speak to them, the more you encourage them.