Thread deleted

[Warwick65]

You must feel like you are banging your head against a brick wall.

Have you made a complaint to TM and the SRA .

By the way, did you accept the decision from the ombudsman and have you had confirmation?

Maybe also , if not already done, a complaint to Asset followed by escalation to the FOS about the conduct of their agent , TM

[scottygees]

You must feel like you are banging your head against a brick wall.

Have you made a complaint to TM and the SRA .

By the way, did you accept the decision from the ombudsman and have you had confirmation?

Maybe also , if not already done, a complaint to Asset followed by escalation to the FOS about the conduct of their agent , TM

trust me I do feel like banging my head.

I complained to TM back in June and got an email confirming there wasn’t in fact a CCJ. So even though they have acknowledged this fact they are still pursuing enforcement action. I don’t know whether it is wise to complain to TM or not and just let them find out themselves and come a cropper. If I was to complain to either TMLEGAL/Asset and/or the SRA I would need some form of words from someone more knowledgeable than myself in these matters.

Following on from the ombudsman decision I didn’t respond either way.Think I have missed the deadline date now

[scottygees]

So just received a. Email from Asset Collection stating they are going to advise TMLEGAL to commence legal proceedings against a debt with Avant credit. I will send the CCA requests in the morning. Any other advice at this stage. T I A

[scottygees]

Ok so just need to clarify what happens if indeed a CCJ is ever awarded. Can I just confirm that if the court allows an instalment plan then as long as this is adhered to no further action can be taken by the creditor? Once paid will the debt be classified as settled on the credit report? I am sure we are along way from this at the moment but just want to prepare for any scenarios

[Joanna Connolly Solicitors]

need to clarify what happens if indeed a CCJ is ever awarded. Can I just confirm that if the court allows an instalment plan then as long as this is adhered to no further action can be taken by the creditor? Once paid will the debt be classified as settled on the credit report?

You are a long way off getting a CCJ but it's good to know in advance what your options might be.

If this went all the way to Trial and the DJ gave judgment against you then if you keep to the terms of the Order (such as monthly instalments) the CCJ will not be registered on the Registry Trust so not show on your CRA file.

It would only be registered if there was subsequent court action such as an Application to Vary the Order or enforcement such as bailiff Warrant or Final Charging Order Application or an Attachment of Earnings Application etc.

If there is a CCJ made at the Trial and you pay it in full within 28 days then the CCJ will not show on your CRA file either.

Only Default Judgments and Admissions are automatically registered.

If there is a reason for the CCJ to be registered but you pay it off in full your CRA file entry should show as "satisfied".

Having said all that you've not been served with a claim yet

If you file a Defence to any claim then the Claimant is given 28 days to inform the court if they intend to continue. If they do decide to continue then NCCBC will send you a Directions Questions to complete (an admin form) and if the amount claimed is under £10k you will be given the opportunity to tick the box for the court's free telephone Mediation. If you agree a settlement during the Mediation you will not get a CCJ unless you break the terms which you've agreed since it's a legally binding agreement. The claim is stayed pending your payment of the agreed settlement.

I've only glanced back through your two threads but I think I can see two PDL with Lending Stream (Avant) so which one are you asking about and how much is the outstanding balance?

Di

[scottygees]

You are a long way off getting a CCJ but it's good to know in advance what your options might be.

If this went all the way to Trial and the DJ gave judgment against you then if you keep to the terms of the Order (such as monthly instalments) the CCJ will not be registered on the Registry Trust so not show on your CRA file.

It would only be registered if there was subsequent court action such as an Application to Vary the Order or enforcement such as bailiff Warrant or Final Charging Order Application or an Attachment of Earnings Application etc.

If there is a CCJ made at the Trial and you pay it in full within 28 days then the CCJ will not show on your CRA file either.

Only Default Judgments and Admissions are automatically registered.

If there is a reason for the CCJ to be registered but you pay it off in full your CRA file entry should show as "satisfied".

Having said all that you've not been served with a claim yet

If you file a Defence to any claim then the Claimant is given 28 days to inform the court if they intend to continue. If they do decide to continue then NCCBC will send you a Directions Questions to complete (an admin form) and if the amount claimed is under £10k you will be given the opportunity to tick the box for the court's free telephone Mediation. If you agree a settlement during the Mediation you will not get a CCJ unless you break the terms which you've agreed since it's a legally binding agreement. The claim is stayed pending your payment of the agreed settlement.

I've only glanced back through your two threads but I think I can see two PDL with Lending Stream (Avant) so which one are you asking about and how much is the outstanding balance?

Di

thanks Di

This is the Avant credit one which is about £800. I haven’t sent a CCA request for this yet, would now be a good time? I was also looking at writing to Avant citing irresponsible lending.Good to know about the mediation should it be required.

[scottygees]

So it’s been a while since I added to this thread but just had an email from TM Legal saying that unless the balance on the Lending Stream loan is now repaid they will record a default on credit report.So my question is shouldn’t this have already been done prior to the lending stream being sold to them? I can’t find a default notice anywhere in my records, but will keep looking. If a default has already been registered on this account will the CRAs know about this and let TMLEGAL know they can’t add it again? If it is added again how do I get it to reflect the correct date I.e before it was sold to ACI/TMLEGAL?

[Never-In-Doubt]

So it’s been a while since I added to this thread but just had an email from TM Legal saying that unless the balance on the Lending Stream loan is now repaid they will record a default on credit report.So my question is shouldn’t this have already been done prior to the lending stream being sold to them? I can’t find a default notice anywhere in my records, but will keep looking. If a default has already been registered on this account will the CRAs know about this and let TMLEGAL know they can’t add it again? If it is added again how do I get it to reflect the correct date I.e before it was sold to ACI/TMLEGAL?

Hi

Sadly no the CRA's will not listen to you, and neither will they reject it. You should continue to ignore them and if they do add a default, send me an email and I will help you get it taken off your files. There are strict rules on this, and they should have added one within 3-6 months of your first missed payment; so if this was a few years ago and has already been on your file but subsequently expired (after 6 years) then we can easily get it removed as a duplicate entry.

If one was never added it can be harder but still, the same rules apply. Try not to worry - just email me if they do add one and remind me and I will help you sort it out.

[Never-In-Doubt]

thanks Di

This is the Avant credit one which is about £800. I haven’t sent a CCA request for this yet, would now be a good time? I was also looking at writing to Avant citing irresponsible lending.Good to know about the mediation should it be required.

Yes send a CCA request and £1 fee. Always do this at some point, now is a good opportunity. Send it to the OC.

** I know this is a year old, but if you've not done a cca request then do one if you're still in contact and haven't done one before.

[scottygees]

Hi

Sadly no the CRA's will not listen to you, and neither will they reject it. You should continue to ignore them and if they do add a default, send me an email and I will help you get it taken off your files. There are strict rules on this, and they should have added one within 3-6 months of your first missed payment; so if this was a few years ago and has already been on your file but subsequently expired (after 6 years) then we can easily get it removed as a duplicate entry.

If one was never added it can be harder but still, the same rules apply. Try not to worry - just email me if they do add one and remind me and I will help you sort it out.

Thanks Niddy

i looked through the other thread and I have mentioned that a previous default was issued. I will dig this out for when they add the default to the CRA.

[Joanna Connolly Solicitors]

a further letter has been received this morning that is relevant to this thread.those of you who may have read this may remember tactics used by TMLegal services not being correct as a CCJ hasn’t been attained against my wife and written confirmation from TM has been received confirming this and that they would send the claim back to their pre legal agents at Asset Collection. They obviously haven’t done this and are now looking at completing a N323 form to request a warrant of control.

so are they able to do this without a CCJ being recorded? If they are would the court be likely to agree to it without there being a CCJ? An urgent response and advice would be appreciated.

In in the meantime there has been a formal complaint made to both Asset Collection and TM Legal. Asset have acknowledged this and have given 8 weeks for them to respond whilst TM just appear to be proceeding with a gung ho approach.

Quick timeline of events without exact dates.

Lending Stream loan assigned to Asset Collection September 2017
Asset sent LBC November 2017. They then issued court papers without giving me the full period of time to respond to the LBC so they had to discontinue the claim.

Nothing further heard until June 2018 when another LBC was received. This didn’t show the correct amount owed as they had included costs for the claim that was discontinued. I phoned them to dispute this and they said they would rectify and send another LBC out with the correct amount. (This was never received)
Out of the blue TM Legal then contacted to say they had got a CCJ on this account.
I phond them to query this and they said a mistake had been made and they would pass everything back to Asset Collection. I have an email from them confirming there isn’t a CCJ.
Following advice from Di we completed the original LBC (incorrect amount) accordingly and sent it within the timeframe disputing the debt etc and also sending letters complaining in the way this had been dealt with.
Since this was sent. Asset have acknowledged receipt but TM are still ploughing on with wanting to take the warrant control action.
i have checked credit files and with the courts and there is no CCJ !!

so as you can see ,as all this was contained in the deleted thread I was a bit miffed it was deleted.

^^^^ Post #9 on this thread says that a court claim for this debt was previously issued (and then discontinued) in 2017.

I can also see that I was involved in that situation - is it the same debt again?

If so, they can't issue a new claim without making an application for permission from the court if it's based on the same or substantially the same facts as the original claim which they discontinued three years ago.

Or have I misunderstood your thread (it happens )

Di

[scottygees]

^^^^ Post #9 on this thread says that a court claim for this debt was previously issued (and then discontinued) in 2017.

I can also see that I was involved in that situation - is it the same debt again?

If so, they can't issue a new claim without making an application for permission from the court if it's based on the same or substantially the same facts as the original claim which they discontinued three years ago.

Or have I misunderstood your thread (it happens )

Di

Hi Di

yes this is the same debt. They are not issuing court proceedings they are just now going to add a default to her credit file and just wondering whether they can now do this and what date the default should legally start, considering the age of the debt.

Regards

[Never-In-Doubt]

The default has been added already as you've said. So it cannot be reapplied. If so email me. Don't worry.

assuming one has never been added they must do it within 3-6 months of the first missed contractual payment.

I'm specifically talking a default registered on your credit file, not a s.87 formal default notice.

[scottygees]

Email received on 17th April from TMLEGAL again insisting a CCJ has been registered but now offering settlement figures. Once again I must stress they haven’t got a CCJ against the debt. It’s becoming farcical now. Needless to say no response was given!

[Joanna Connolly Solicitors]

TMLEGAL again insisting a CCJ has been registered but now offering settlement figures. Once again I must stress they haven’t got a CCJ against the debt. It’s becoming farcical now. Needless to say no response was given!

Once again I must also stress that they discontinued the claim in 2017!

I think you were very restrained in providing no response to TM Legal's letter.

Let's see what they do next - for entertainment purposes only

Di