Caesar UE Diary

[Warwick65]

Hi Caeser

I received your message, many apologies, it seems I am not getting any notifications

To answer some questions and also ask a couple of my own

1) Yes a recon is perfectly acceptable form of agreement to send for any CCA request. For a 2016 account, it would also probably be ok in court.

2) You say a S87(1) DN was served, how was it served, by post or by email? Did you ask Mortimer Clark for one and did they send you a copy, do you still have the original and was it compliant? Sorry lots of questions and comments rolled into one there

3)I personally would not make an offer for a monthly repayment, this would drag it on and they could still go for a ccj at any time

4) IF you were going to offer a full and final I would never start as high as 20-30% . I would start at something nearer 10% and phrase it along the lines, although I deny any liability, your continued communication has caused me significant stress and I would therefore like to offer, without liability and in full and final blah blah blah £50

It really is up to you as to what path you take - I have just had the last of 50K's worth of debt go SB but it could have been so different

[nightwatch]

I am unsure of what to tell you to do,

just one point though, if they can't find the original agreement, how have they made a reconstituted one for you?

may be time to email Di and ask her for some advice?

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

Feb. 2018 Sent CCA request to Cabot.
Feb.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua

Letter from Mortimer Clarke Solicitors:

,,Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua.
Our client is not able to provide a copy of the original credit agreement.
Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance. Our client will not ask you to pay more then you can afford, therefore we include an income and expenditure form for you to complete. Please provide your response within 14 days, if no response is received we are instructed to issue a County Court Claim against you.''

Can someone help me with a piece of advice?
Is this Reconstituted Copy of Your Agreement ok? Default Notice was served under Section 87(1) of the CCA 1977.

Hard to say if I can find some flaws here, and I am thinking to use one of the templates from here and offer them a small amount to pay monthly or 20-30% of the debt in one payment. Is this a good idea?

[Caesar]

New email from TM Legal. I have no idea what they are doing. This email was also sent in October 2018.

,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck. Their contact details are as follows: email address: info@unclebuck.tv Kind Regards, TM Legal Services''

[Caesar]

Thanks Warwick65 I will do the same as last time.

I've googled about TM Legal and everyone was complaining about how unprofessional they act. I have to be careful in future.

[Warwick65]

TM legal do seem unprofessional

I would do the same sort of thing as before but by post , deny the debt and ask for the same documents

Yes they are allowed to send another letter of claim

[Caesar]

Warwick65 thank you. I will try in future to avoid emails and send letters. Meantime new email from TM Legal. Are they allowed to send one more time Letter of Claim? Because they are about to send me another one. I don't understand what they are doing.


,,Further to our recent correspondence informing you that we had been instructed on behalf of Asset Collections & Investigations Limited, you have failed to engage with us regarding payment. We have now issued you with a Letter of Claim, which also encloses an Information Sheet, Reply Form and Financial Statement. You will receive this shortly via the post.

The Letter of Claim provides you with 30 days to respond to us in relation to the outstanding debt. In the event, you do not respond to us we are instructed to issue County Court proceedings.

In order to avoid the issuing of County Court proceedings, please contact us using the details set out below to arrange payment of your outstanding debt. You can also respond to us using the Reply Form enclosed with the Letter of Claim.''

Should I reply something to this email?

[Warwick65]

Thank you Warwick65 . I've followed your advice and sent them email.

Hi
If it is at all possible the I would always recommend Royal Mail - if possible signed for but at the very least proof of posting. It does help you keep a paper trail of what is happening

[Caesar]

Thank you Warwick65 . I've followed your advice and sent them email.

[Warwick65]

Hi


This shows just how disorganised they are, they say you didn’t reply yet you did and what is more they replied to you.

If they do not have the default notice and they can’t produce it or evidence one was sent I think they may have problems

Somewhere on the thread I think I might have posted the link saying default notices must be served by Royal Mail and not by email so if one was sent by email then again they would have a problem.

I am not sure what I would do at the moment- if they want to issue a claim they will , if not then they won’t.

I guess you could send them a copy of your reply to their letter of claim and say something along the lines of
Please find attached my response to your letter of claim which was sent on XXXXXX , you replied to this by email on XXXXXX

[Caesar]

Email sent to Di.

Thanks nightwatch

[nightwatch]

i would email Di, if she doesn't see this, for some advice

[Caesar]

11. Uncle Buck payday loan

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £500
• Date last paid (2016)
• Arrangement: not paying
• Status (default)
• Account owner (Asset Collections and Investigations)

June 2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations. Now I have 2 accounts with Asset.
I had a payment plan with Uncle Buck which I stopped it when I complained to FOS. My complaint was rejected but I haven't restarted the payment?
Sept 2018 Letter of Assignment from Asset sent again
Sept 2018 Letter of Claim from TM Legal Services regarding this debt
Oct 2018 CCA request to Asset Collections
Oct 2018 GDPR (SAR) request to original creditor Uncle Buck
Oct 2018 Received email from TM Legal Services my requested credit agreement
Oct 2018 GDPR (SAR) received from Uncle Buck but no Default Notice or Assignment Letter on it.
Oct 2018 replied to Letter of Claim and denied the debts. I have requested the Default Notice
Oct 2018. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''

New email from TM Legal: ,,Re: County Court Claim
We, TM Legal Services Limited, a firm authorised and regulated by the Solicitors Regulation Authority, under SRA number 647970, have recently been instructed by Asset Collections & Investigations Limited. We have been instructed to collect the outstanding debt on their behalf.
We recently issued you with a Letter of Claim. The Letter of Claim also enclosed an Information Sheet, a Reply Form and a Financial Statement. As you have not responded to our Letter of Claim, we are now instructed to issue a County Court claim.
You still have time to contact us and set an arrangement up to avoid the County Court Claim being processed. Please contact us within the next fourteen days of the date of this email to arrange payment of this outstanding debt. Failure to contact us within this timescale will result in a County Court Claim being issued.
Please note, you have not incurred any interest or charges since Asset Collections & Investigations Limited has instructed us to act on their behalf. However, in the event that we do issue County Court proceedings as set out above, it will include a County Court issue fee, Solicitors costs and interest which will increase your current balance. Please see below a breakdown of these fees: -...''

Can someone help me how to deal with this? And they are lying. I have replied to the Letter of Claim and I can prove it to them. They look like scum company.

[Warwick65]

Thanks Warwick65

So they can't sell the debt or take court action without sending Default Notice. Good news for me.

Well i am not a lawyer so don't take what I say as being true. Also they can start a court case without a default notice- Lowell did that to me but we showed one had never been sen (not a PDL but a credit card debt.. They will probably try and claim it was sent by email but again there are regulations which say it should be sent by post

I will say, I have never had a PDL take me to court (yet) and as far as I know they are all SB now. I would never just ignore letters because you think it is all ok, always come and get advice

[Caesar]

Thanks Warwick65

So they can't sell the debt or take court action without sending Default Notice. Good news for me.