Payday loan CCA

[Joanna Connolly Solicitors]

Advice from Di to ensure I receive a notice of discontinuation.I will await until the new year and then contact Di again for further advice if this isn’t received.

The Claimant needs to serve (post) a Notice of Discontinuance on you and then file a copy at court confirming that they've done this.

Until that's established you need to keep an eye on the diary as your Defence deadline is 33 days from the clam Issue Date. If you fail to file a Defence by the deadline (and they don't serve a Notice of Discontinuance) then they can obtain a Default Judgment (CCJ) against you.

Also since they've discontinued before you filed your Defence they can re-issue a claim without permission of the court when they get all their ducks in a row.

Hopefully everything will be fine but it's wise to be sceptical of something said on the phone until it's backup in writing formally.

Di

[scottygees]

The Claimant needs to serve (post) a Notice of Discontinuance on you and then file a copy at court confirming that they've done this.

Until that's established you need to keep an eye on the diary as your Defence deadline is 33 days from the clam Issue Date. If you fail to file a Defence by the deadline (and they don't serve a Notice of Discontinuance) then they can obtain a Default Judgment (CCJ) against you.

Also since they've discontinued before you filed your Defence they can re-issue a claim without permission of the court when they get all their ducks in a row.

Hopefully everything will be fine but it's wise to be sceptical of something said on the phone until it's backup in writing formally.

Di

Thanks Di , I have sent you 2 further emails we have received from Asset Collection stating they are still looking at a CCJ. I made a quick call to them to see what they were playing at and was told the person who confirmed the claim would be discontinued hasn’t taken the relevant action. They said they will ring me back on Tuesday when this person returns back to the office to confirm discontinuation. I will cite the need to serve a notice of discontinuation on us and file a copy at the court.

[Joanna Connolly Solicitors]

Thanks Di , I have sent you 2 further emails we have received from Asset Collection stating they are still looking at a CCJ. I made a quick call to them to see what they were playing at and was told the person who confirmed the claim would be discontinued hasn’t taken the relevant action. They said they will ring me back on Tuesday when this person returns back to the office to confirm discontinuation. I will cite the need to serve a notice of discontinuation on us and file a copy at the court.

I think it would be wise to proceed as if the claim hasn't been discontinued (because it hasn't) in order to protect your legal position. It might also help to make them focus on the need to treat these legal proceedings formally not with casual emails and phone calls. You need everything in writing from now on.

1. Send a s 77-79 CCA Request to Asset with a £1 postal order for the statutory fee. There's a link to the template letter here in post # 2 > https://www.all-about-debt.co.uk/for...mplate-letters

2. Send a CPR 31.14 Request to Asset asking them to produce the credit agreement, the Default Notice, Notice and Deed of Assignment. I've not seen the Particulars of Claim so ask for these documents although strictly speaking you can only ask for documents mentioned (not simply referred to) in the POC. There's a link to the template letter here in post # 6 > https://www.all-about-debt.co.uk/for...mplate-letters

Send them both by Royal Mail 1st Class Recorded Delivery. The post office won't be open again until Tuesday (I tried and failed to get online earlier today due to technical difficulties with the forum) but send them regardless of anything which they may say or promise over the phone or by email on Tuesday.

Until or unless they serve you with a Notice of Discontinuance (and file it at court) the claim has not been discontinued and you're vulnerable to a Default Judgment (CCJ) if you miss any court deadline.

Leave it a few days to see what comes back in the post from your requests then be prepared to file your Defence by the deadline (33 days from the claim Issue Date).

This is the rule for discontinuing a county court claim CPR 38.3 and so far they've not complied > https://www.justice.gov.uk/courts/pr...es/part38#38.3

Di

[scottygees]

I think it would be wise to proceed as if the claim hasn't been discontinued (because it hasn't) in order to protect your legal position. It might also help to make them focus on the need to treat these legal proceedings formally not with casual emails and phone calls. You need everything in writing from now on.

1. Send a s 77-79 CCA Request to Asset with a £1 postal order for the statutory fee. There's a link to the template letter here in post # 2 > https://www.all-about-debt.co.uk/for...mplate-letters

2. Send a CPR 31.14 Request to Asset asking them to produce the credit agreement, the Default Notice, Notice and Deed of Assignment. I've not seen the Particulars of Claim so ask for these documents although strictly speaking you can only ask for documents mentioned (not simply referred to) in the POC. There's a link to the template letter here in post # 6 > https://www.all-about-debt.co.uk/for...mplate-letters

Send them both by Royal Mail 1st Class Recorded Delivery. The post office won't be open again until Tuesday (I tried and failed to get online earlier today due to technical difficulties with the forum) but send them regardless of anything which they may say or promise over the phone or by email on Tuesday.

Until or unless they serve you with a Notice of Discontinuance (and file it at court) the claim has not been discontinued and you're vulnerable to a Default Judgment (CCJ) if you miss any court deadline.

Leave it a few days to see what comes back in the post from your requests then be prepared to file your Defence by the deadline (33 days from the claim Issue Date).

This is the rule for discontinuing a county court claim CPR 38.3 and so far they've not complied > https://www.justice.gov.uk/courts/pr...es/part38#38.3

Di

Thanks Di.They have already previously sent the CCA but I will send the CPR 31.14 ASAP and in the meantime request they follow the correct process for discontinuing the claim when/if they call like they said they would.

[scottygees]

Just checked the court claim on line and got confirmation that the claim has been definitely discontinued.

[cymruambyth]

That’s great news; happy new year!

[Susie]

Thats a very good start to the year

[scottygees]

So the claim has know been referred back to their pre-legal team. What action would be advised at this stage? I would expect that if I take no action they will just issue another claim. Though at the same time I know it is recommended to not phone these people up. Thanks in advance.

[Joanna Connolly Solicitors]

So the claim has know been referred back to their pre-legal team. What action would be advised at this stage? I would expect that if I take no action they will just issue another claim. Though at the same time I know it is recommended to not phone these people up.

It’s true that they can reissue the claim since they Discontinued before you filed your Defence. But that doesn’t mean they will.

I don’t know what “action” you have in mind but calling them is not a good idea. Provoking them won’t help you.

I believe you have made a complaint to the original PDL business on the issue of irresponsible lending. If that’s unsuccessful then you may progress it to the FOS. If the FOS uphold your complaint and you’re paid compensation then you may be able to settle the Asset debt with a F&F offer if that option appeals and if there’s no legal Defence to any claim if they decide to reissue (there may be if they can’t produce the DN etc) but that’s unknown at the moment.

Maybe let them make the next move, if at all. Fingers crossed it will go quiet at least for a while.

Di

[scottygees]

It’s true that they can reissue the claim since they Discontinued before you filed your Defence. But that doesn’t mean they will.

I don’t know what “action” you have in mind but calling them is not a good idea. Provoking them won’t help you.

I believe you have made a complaint to the original PDL business on the issue of irresponsible lending. If that’s unsuccessful then you may progress it to the FOS. If the FOS uphold your complaint and you’re paid compensation then you may be able to settle the Asset debt with a F&F offer if that option appeals and if there’s no legal Defence to any claim if they decide to reissue (there may be if they can’t produce the DN etc) but that’s unknown at the moment.

Maybe let them make the next move, if at all. Fingers crossed it will go quiet at least for a while.

Di

Di

Thanks for replying , as I haven’t heard anything back from the original lender, should I contact them to get an update? I know they have received the request as the letter was signed for.

[cymruambyth]

As Di said, wait until they contact you. When dealing with these situations it is always best to either wait for their next move or when you do have to reply, do so at the last possible moment. It is best not to be proactive.

[Joanna Connolly Solicitors]

Di

Thanks for replying , as I haven’t heard anything back from the original lender, should I contact them to get an update? I know they have received the request as the letter was signed for.

You've made a complaint of irresponsible lending to the original creditor. They have eight weeks to resolve your complaint.

If they don't do that (or send you a Final Response before the eight weeks are up) then you can escalate your complaint to the FOS.

Di

[scottygees]

You've made a complaint of irresponsible lending to the original creditor. They have eight weeks to resolve your complaint.

If they don't do that (or send you a Final Response before the eight weeks are up) then you can escalate your complaint to the FOS.

Di

Many Thanks Di

[scottygees]

You've made a complaint of irresponsible lending to the original creditor. They have eight weeks to resolve your complaint.

If they don't do that (or send you a Final Response before the eight weeks are up) then you can escalate your complaint to the FOS.

Di

so more than 8 weeks has passed.How do I escalate this to the FOS?

[Roger]

The FOS website
http://www.financial-ombudsman.org.u...le-lending.htm

Complaint
http://www.financial-ombudsman.org.u...laints_a1.html

The have a technical advice desk with email or phone.
http://www.financial-ombudsman.org.u...ech-advice.htm