Caesar UE Diary

[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.

[Warwick65]

According to step change they do
https://www.stepchange.org/debt-info...-payments.aspx

I know there used to be a lot of mixed info regarding short term loans

[Warwick65]

I think they are - you need someone with more legal expertise than me though

[Caesar]

Anyone know if Default Notice is important on payday loans? I had quite a few payday loans, but don't remember receiving any. Sorry if the question is silly.

[cymruambyth]

If they have sent a Letter Before Claim they can issue a court summons. Nothing appears to have changed since October so I don’t see any need for you to do anything else, certainly don’t tell where the have gone wrong.

[Caesar]

Thank you Warwick65

They gave me 30 days in October after I replied to their Letter of Claim, and now they are giving me another 30 days to come to an agreement with them. No other communication with them since October.

They have responded to my CCA request and send the credit agreement with Uncle Buck and nothing more. And the response was served by email. I haven't got any letter from them.

They don't have Default Notice (they admitted that in one email) and I couldn't find it on SAR from Uncle Buck. Maybe because it was a payday loan?

Is there anything that I should do? Am I risking a CCJ?

[Warwick65]

Can I get this straight
You received a letter of claim in OCT 2018 and replied. In late January 2019 they replied giving a further 30 days but have not actually said when this ends - or was there an additional 30 days in the middle?

Have the responded to your CCA request?

I am not sure how they operate as to issuing claims- I have seen posts where they claim to have won a CCJ but in fact have not

From what you have posted it seems you have a great defence in any event

No CCA response
No default notice- they admit to not even knowing if one was issued , that could easily be an exhibit in a witness statement