Payday loan CCA

[scottygees]

Diana Mayhew

Apologies but is the above link given for me to email Di or for Di’s benefit?

[The Tech Clerk]

alert Di that is what it does

[scottygees]

So today have had an email from TMlegal services giving formal notice that the account has been legal assigned to them from Asset Collection and that a CCJ has been registered and that they are now managing this CCJ. Can this be right haven’t even had the 30 days to reply to the letter before claim. Surely this isn’t being compliant with procedure, or is this a ploy from them to frighten us into making payment. I am worried now.

[scottygees]

Cardinal sin, but thought I had to contact TMLegal services to see what they were playing at as they haven’t followed the new protocol set out last year. I.e. letter before claim, giving 30 days to respond, receiving court claim etc and low and behold Asset Collection shouldn’t have sent this over to them and there email was sent in error. They are now referring this back to Asset Collection and so the merry go round begins again. Surely the practices they employ need investigating from the FCA. Though I suppose their incompetence plays into the hands of the legal eagles on this site. I will sit tight and see what comes next.

[Roger]

So today have had an email from TMlegal services giving formal notice that the account has been legal assigned to them from Asset Collection and that a CCJ has been registered and that they are now managing this CCJ. Can this be right haven’t even had the 30 days to reply to the letter before claim. Surely this isn’t being compliant with procedure, or is this a ploy from them to frighten us into making payment. I am worried now.

Well now you have a Noticed Of Assignment from TMlegal giving formal notice. (email)
Why did you phone them?
Just contact Di formally!

[scottygees]

Well now you have a Noticed Of Assignment from TMlegal giving formal notice. (email)
Why did you phone them?
Just contact Di formally!

the fact they stated a CCJ had been registered without them going through the correct procedure made me need to get to the bottom of this and find out for definite . Agreed in hindsight, now I know it is an error on their part, I should have got advice from Di

[The Tech Clerk]

Diana Mayhew

[Joanna Connolly Solicitors]

I should have got advice from Di

Here I am

I don't think you've done anything to harm the situation but sometimes it makes sense to 'pause for thought' before picking up the phone to a debt purchaser or their agent. Anyway a paper trail is better because it can always be shown to the court if necessary (let's hope things don't get that far).

I've read back through your thread so I'll try to offer an overview of the situation based on what's happened since August last year.

You've said that Asset have been assigned two of your wife's PDL debts. One was with Avant and the other with Lending Stream. Your recent posts have been about the ex-Lending Stream debt but what has happened about the other one?

I can see that at times you've taken a confrontational approach to Asset which may only encourage them to 'fight back'. You made a complaint (you said "gave them hell") because they had sent a letter addressed to your wife to your MIL's address. Her mother opened the letter but that wasn't Asset's fault. Your complaint was rejected by them.

You say that you received a letter/email from TM Legal saying that they had been assigned the debt, but did it actually use the "assigned" word because TM Legal are not a debt purchaser, they manage debts on behalf of their clients who are debt purchasers. Their core business seems to be dealing with post judgment debts i.e. debts where the Claimant already has a CCJ in their favour. TM Legal then deal with enforcement measures. So can you clarify if you were sent a formal Notice of Assignment?

After you called T M Legal you say they told you that they would pass the debt back to Asset because there isn't a CCJ. Since this is your wife's debt not yours I'm surprised they spoke to you since you obviously couldn't clear security/DPA in order to discuss the account.

Meanwhile you have made a complaint of irresponsible lending to the original lender (Lending Stream) which is progressing through the FOS system. You've made Asset aware of your complaint (have you?) but since it's not a complaint about them (Asset) they aren't prevented from continuing with their own collection activity.

From what you say it was wrong of Asset to ask TM Legal to chase your wife for a non-existent CCJ, but if you make a complaint that may only trigger a claim from them since your wife received a Letter Before Claim on the 14th June. That (the LBC) is where your energy should be focused right now. What is the date on the Letter Before Claim?

Di

[scottygees]

Here I am

I don't think you've done anything to harm the situation but sometimes it makes sense to 'pause for thought' before picking up the phone to a debt purchaser or their agent. Anyway a paper trail is better because it can always be shown to the court if necessary (let's hope things don't get that far).

I've read back through your thread so I'll try to offer an overview of the situation based on what's happened since August last year.

You've said that Asset have been assigned two of your wife's PDL debts. One was with Avant and the other with Lending Stream. Your recent posts have been about the ex-Lending Stream debt but what has happened about the other one?

I can see that at times you've taken a confrontational approach to Asset which may only encourage them to 'fight back'. You made a complaint (you said "gave them hell") because they had sent a letter addressed to your wife to your MIL's address. Her mother opened the letter but that wasn't Asset's fault. Your complaint was rejected by them.

You say that you received a letter/email from TM Legal saying that they had been assigned the debt, but did it actually use the "assigned" word because TM Legal are not a debt purchaser, they manage debts on behalf of their clients who are debt purchasers. Their core business seems to be dealing with post judgment debts i.e. debts where the Claimant already has a CCJ in their favour. TM Legal then deal with enforcement measures. So can you clarify if you were sent a formal Notice of Assignment?

After you called T M Legal you say they told you that they would pass the debt back to Asset because there isn't a CCJ. Since this is your wife's debt not yours I'm surprised they spoke to you since you obviously couldn't clear security/DPA in order to discuss the account.

Meanwhile you have made a complaint of irresponsible lending to the original lender (Lending Stream) which is progressing through the FOS system. You've made Asset aware of your complaint (have you?) but since it's not a complaint about them (Asset) they aren't prevented from continuing with their own collection activity.

From what you say it was wrong of Asset to ask TM Legal to chase your wife for a non-existent CCJ, but if you make a complaint that may only trigger a claim from them since your wife received a Letter Before Claim on the 14th June. That (the LBC) is where your energy should be focused right now. What is the date on the Letter Before Claim?

Di

Thanks Di

so sequence of events on this is as follows:

1st court claim discontinued in January due to non compliance on their part, before going to court

new letter before claim received last week from Asset Collection.This LBC stated the wrong amount owed as it still had fees from the discontinued claim added to it.(extra £60)

i phoned Asset Collection to query this and they said they would remove the fees and send a further LBC with the correct amount

Next correspondence received was email from TM Legal stating CCJ had been registered, cue a phone call to TMLegal to see what they were playing at. This is when they admitted an error on their part and that they would now be returning everything back to Asset Collection.

so now I don’t know whether the LBC they sent last week for the wrong amount is still valid and should be returned by the deadline given or whether I will now be receiving another one showing the correct amount owed.

so any advice would be appreciated.

Hope this makes sense.

on the question of the other debt (Avant)with Asset Collection, we are just receiving the standard non threatening letters at the moment but I have been told by my future son in law that my wife’s details are unverified on this particular account and because of this they won’t commence legal action.

As far as letting Asset know of my ongoing complaint with Lending Stream. I am sure I have been advised on this site that it won’t stop Collection activity,so up to press I haven’t mentioned it.

Finally the wording from the email TM Legal sent regarding assignment states
“This is a formal notice that the Account been assigned from Asset Collection to TM LEGAL services”

[scottygees]

Sorry to have to push on this but as a new LBC hasn’t been received for the correct amount I need to respond to the one sent with the wrong amount on it. Can someone advise how to complete this due to the amount owed being incorrect and the fact I have an outstanding FCA complaint against the original lender. Thank you

[Joanna Connolly Solicitors]

Sorry to have to push on this but as a new LBC hasn’t been received for the correct amount I need to respond to the one sent with the wrong amount on it. Can someone advise how to complete this due to the amount owed being incorrect and the fact I have an outstanding FCA complaint against the original lender.

What is the date on the Letter Before Claim? You have 30 days from that date to respond.

From memory it was mid June so the deadline for response will be mid July. You need to establish the date deadline for yourself.

You were told on the phone that you would be sent another LBC after you made another complaint, but unsurprisingly that’s not happened.

So proceed on the basis of the current LBC.

The FCA complaint is in reference to a complaint you’ve made to the original lender which is not Asset’s problem (at least not directly).

Di

[scottygees]

What is the date on the Letter Before Claim? You have 30 days from that date to respond.

From memory it was mid June so the deadline for response will be mid July. You need to establish the date deadline for yourself.

You were told on the phone that you would be sent another LBC after you made another complaint, but unsurprisingly that’s not happened.

So proceed on the basis of the current LBC.

The FCA complaint is in reference to a complaint you’ve made to the original lender which is not Asset’s problem (at least not directly).

Di

So if I was to dispute this due to an incorrect amount on the LBC which sections should I complete?

Many thanks

[Joanna Connolly Solicitors]

So if I was to dispute this due to an incorrect amount on the LBC which sections should I complete?

Let me give that some thought.

Box D is for disputing things.

They've not complied with your CCA Request yet have they?

Warwick65 knows a thing or two about PDLs so he may have something to add to this conversation

I’ll get back to you on the LBC issue.

Di

[scottygees]

Let me give that some thought.

Box D is for disputing things.

They've not complied with your CCA Request yet have they?

Warwick65 knows a thing or two about PDLs so he may have something to add to this conversation

I’ll get back to you on the LBC issue.

Di

Many thanks Di.
Unfortunately they sent the CCA which Niddy confirmed was enforceable!

[Warwick65]

I will also have a think but at the moment I have oy intermittent access on my mobile so reading it through is difficult. I am home in a few days