Thread deleted

[Roger]

So an email has now been received from Asset Collection in response to the complaint issued to them. They now state they hold the account and are giving 14 days for us to contact them before they consider their next course of action. I have already informed them in my complaint that the FOS are currently looking at the complaint, which Asset haven’t even acknowledged in their response and it appears they are still not contacting TMLEGAL to stop their enforcement action. In my complaint to them I also requested all relevant documents CCA , assignment notices etc but none of this has been received or acknowledged. I sent everything to them special delivery and have proof of postage etc. Any advice at this stage? I know advice is usually to await their next move but I feel there is so much on going on this account but feel I need to at least reiterate FOS involvement so account can be put on hold. Thank in advance

They are harassing you!
Good because this is even more evidence for your complaint. Each email, letter etc.. that they send now is evidence for your complaint with FOS.

Start to look at this from another perspective. Make a note of time and dates, file what they are sending so that this can be forwarded to FOS.
Any response from would undermine your complaint! .

[scottygees]

They are harassing you!
Good because this is even more evidence for your complaint. Each email, letter etc.. that they send now is evidence for your complaint with FOS.

Start to look at this from another perspective. Make a note of time and dates, file what they are sending so that this can be forwarded to FOS.
Any response from would undermine your complaint! .

Apologies for confusion, I should have confirmed Asset have looked at the complaint and what I have written was their response. I would have said their decision but they haven’t really made one.

[Roger]

Apologies for confusion, I should have confirmed Asset have looked at the complaint and what I have written was their response. I would have said their decision but they haven’t really made one.

With a Complaint the norm is for up to 8 weeks for you to refute (thats to them) and up to 6 months to complain to the Regulator.
So you can rebut their response and advise them that you have up to 6 months to complain to the Regulator.
No need to go into details with Asset. Just keep it simply. Make a diary entry and take the ,matter up with the Regulator say 5 months time!

[Warwick65]

It can get very confusing when complaining, particularly if you do not make the complaint 'formal' and they do not make their response 'final'. I had this with a couple of lenders and wrote back to them with something along the lines of 'Please note, my complaint was a formal complaint and you had 56 days to give me a response. As this has not happened I am now escalating this to the appropriate regulatory bodies'

If I am honest it didn't get me anywhere but it did put them on notice of what i was doing. Personally, and thi sis just personally, I do not see any point in dragging the complaint out- get it in and hopefully it will be resolved sooner rather than later. I do feel it is a little disingenuous to drag out the process and then ask for compensation based on the months of unbearable harassment.



As for your Irresponsible lending - I really would try to get it escalated to the ombudsman - adjudicators often make 'mistakes'. Like everyone these days they are overworked and under pressure to get files closed.

[scottygees]

Roger/ Warwick65 are you both saying then send a complaint to the ombudsman and tell Asset about this course of action, which may temporarily stop their Collection activity?

[Warwick65]

I would and ask for the debt to be written off and compensation for the lies they told causing you distress. Also make sure you chase up the affordability complaints.

I would tell asset what you are doing and say you expect them to suspend all activity until the complaint is resolved.

That's my view

[scottygees]

QUOTE=Warwick65;n1514546]I would and ask for the debt to be written off and compensation for the lies they told causing you distress. Also make sure you chase up the affordability complaints.

I would tell asset what you are doing and say you expect them to suspend all activity until the complaint is resolved.

That's my view
[/QUOTE]

thanks Warwick65

so just to clarify should i be writing to tthe FCA or FOS to get the debt written off and asking for compensation?

Also so happy to write back to Asset to confirm my course of action.

in the meantime I have just sent the credit file to the FOS which they have requested to resolve the affordability complaint.

On a different matter my wife has received a letter from Lowell’s today following sending the CCA request confirming they have reviewed the account and as a quick resolution they have closed the account and cleared the outstanding balance!

[scottygees]

So had an email today from the adjudator who has ruled in favour of the original lender stating they have not been irresponsible in their lending. Should I now escalate to the ombudsman? Thanks

[Warwick65]

So had an email today from the adjudator who has ruled in favour of the original lender stating they have not been irresponsible in their lending. Should I now escalate to the ombudsman? Thanks

Absolutely

It is always worth escalating if the initial answer is not satisfactory

[scottygees]

Absolutely

It is always worth escalating if the initial answer is not satisfactory

So the ombudsman has now replied upholding the decision made by the adjudicator. We have until the 27th January to confirm whether to accept this decision. If we don’t accept the decision what are the next steps as I always thought this last decision was final?

Thanks

[The Tech Clerk]

just in case developments at a later stage - do as I did - do not accept their decision. makes no difference initially just that matters may emerge later years and would show you did not agree with initial findings.

[scottygees]

just in case developments at a later stage - do as I did - do not accept their decision. makes no difference initially just that matters may emerge later years and would show you did not agree with initial findings.

Thanks, I will do this. So by not accepting their decision what will the ombudsman now do? Does hat mean they can’t close the complaint down?

[The Tech Clerk]

that is it , filed, as far as they are concerned dealt with! another statistic?

[scottygees]

So once again have received another email from Those nice people at TMLEGAL stating they are going to apply to the courts to get an attachment of earnings.(A threat they have previously made earlier in this thread). I just need to re confirm there is still no CCJ for this account. Di has already stated that an AOE can’t be obtained if there isn’t an active CCJ. My only concern here is that their paperwork has got mixed up and they have actually got the wrong person, though I am sure the courts will correct them if they do make the application. In the meantime will sit back and wait for there next contact.

[scottygees]

Another email received from TMLEGAL outlining the course of action they will now consider.This time attachment of earnings,Bailiff act, Charging order or 3rd party debt order. Once again I need to reiterate that a CCJ hasn’t been obtained by them for this debt.i have checked my credit report and also had confirmation from Registry Trust Ltd both of which confirm no CCJ! I really just need to get reassurance that they won’t be able to use any of these enforcement actions without a CCJ being obtained first. Many Thanks