Caesar UE Diary

[Caesar]

I've just receive an email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.

,,We have placed your account on hold for 14 days to allow you time to read through these and ask that you then contact us on xxxx to discuss your account.''

I have requested to them the Default notice and the Deed of assignment which I haven't got. I already have Letter of Claim from Asset and have replied to it. What should I expect in future from them?

Can anyone please give me an advice what to do with this? Should I reply to Asset or just ignore?

I have checked through SAR from Avant and the only Default notice was this one served by email: ,,NOTICE OF DEFAULT SUMS THIS NOTICE IS SERVED UNDER SECTION 86E OF THE CONSUMER CREDIT ACT 1974''

[Caesar]

2. Avant credit

• Type of account ( personal loan)
• Date commenced (2016)
• Approx balance £4.000
• Date last paid (last full payment May 2016, but I have payed small amount on payment plan until 2017)
• Not paying
• Status (default)
• Account owner (Asset Collections and Investigations Limited)

Avant credit sold my account to Asset Collections and Investigations Limited in summer of 2017. Asset Collection sent me 3 letter and a few mails and told them I am disputing the account with Avant Credit. I complained them to FOS for irresponsible lending but was rejected. Before selling the account to Asset, Avant offered me to settle the account to 30% of the amount but unfortunately I did't have that money to pay.

02.02.2018 Sent CCA request to Asset Collections
06.02.2018 Email from Asset Collections, Notice of Sum in Arrears and they added that £1 for CCA request as a payment to them and deducted from my balance. Why is that? Is it correct?
08.02,2018 Received letter from Asset Collections and Investigations Limited: ,,please find enclosed copy of your Consumers Credit Agreement, Statement of Accounts and Notice of Default as requested. Please call us within 24 hours of receiving this letter''
Niddy has said it's enforceable.
02.05.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.
29.05.2018 Replied to Letter of Claim. I haven't acknowledged the debt and told them I am disputing it. After that, Asset Collection sent me one more time the same documents sent after CCA request, and nothing more. The documents included a copy of agreement but not the documents that I requested on my reply to LoC.
June.2018 Sent SAR request to original creditor (Avant) but no reply so far. They just ignore me.
Sept 2018 Received SAR from Avant Credit served by email
Oct 2018 Email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.

I've just receive an email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.

,,We have placed your account on hold for 14 days to allow you time to read through these and ask that you then contact us on xxxx to discuss your account.''

Can someone advice me what to do? I have requested to them the Default notice and the Deed of assignment which I haven't got. I already have Letter of Claim from Asset and have replied to it. What should I expect in future from them?

[Caesar]

Warwick65 thank you for help. Let's hope I won't get to that point but it's good to know those info.

What about SAR from Uncle Buck? Is it possible to discover any flaws?

[Warwick65]

The fees are to do with court fees and fixed solicitors fees. They do vary on the value of the debt and include statutory interest at 8% from the time they bought the debt although this can often be challenged in court https://www.gov.uk/make-court-claim-...ney/court-fees

I think solicitors fees are about £65 so you are looking at a little over £100 I am guessing

[Caesar]

Hi Caesar

If it were me at this point I would fill in the reply denying acknowledgement. It is a difficult one because if you ask for everything they will use get it all ready before they issue a claim but if they issue a claim and you decide to settle it will cost you more as they might add the fees on.

I think on balance I would ask for the default notice and also how and when it was served on you.

Just as an aside - you can make offers to settle at any time and if they issue a claim and win, as long as you pay it all within 28 days , it will not be recorded . Hope that helps

Warwick65 Thank you so much for reply. You have no idea how much it helps.

Meantime I've just received to my email the SAR from Uncle Buck:

,,The information provided includes documentation for each of the applications made, including rollover accounts and are saved individually to reflect the relevant account number. I have attached the Loan Agreement, Standard European Consumer Credit Information and Adequate Explanations where applicable.
You will also find enclosed notes and emails relating to all communication held with you historically.''

Can they hold more information about me and don't want to sent? I haven't seen the Default notice and the Transfer of the account. And I haven't seen any email relating to communication held with me like they've pointed out on SAR Letter Customer.


You said something about the fees that they might add on if they issue a claim. How much that might be? And what kind of fees are? Are this depending on the value of the debts?

[Warwick65]

Hi Caesar

If it were me at this point I would fill in the reply denying acknowledgement. It is a difficult one because if you ask for everything they will use get it all ready before they issue a claim but if they issue a claim and you decide to settle it will cost you more as they might add the fees on.

I think on balance I would ask for the default notice and also how and when it was served on you.

Just as an aside - you can make offers to settle at any time and if they issue a claim and win, as long as you pay it all within 28 days , it will not be recorded . Hope that helps

[Caesar]

Thank you Warwick65 for help. Can you or anyone else advice me how to deal with letter of claim? Should I try to start any negotiation or just wait for the to make first step. The claim is not big, under £500.

[Warwick65]

Ok well that is something you can ask for should a claim come as well as ask for how it was served That is some way down the road

[Caesar]

Thank you so much for haelp Warwick65

I still have 2 weeks time to reply to the Letter of Claim, but I will do it next week. But don't know what to reply yet, Uncle buck haven't send me yet SAR.

My correspondence with the original creditor (Uncle Buck) was only by email, no letters. Just checked my email and I can't find Default notice. I've receive from Uncle buck: ,,Further Notice of Sums in Arrears IMPORTANT - YOU SHOULD READ THIS CAREFULLY Served under section 86B of the Consumer Credit Act 1974'', ,,Statement of Account Under Section 77A of the Consumer Credit Act 1974,, and ,,Debt Purchase Transfer''.

[Warwick65]

When did you receive the letter of claim? The fact you haven't responded may mean they go ahead and issue one. If you still have time I would be responding with something.

They key points I think they would need to prove are

1) Enforecable agreement

2) A valid S87(1) DN , served in the appropriate way- in my opinion that means by post and not by email as legislation (particularly a Statutory Instrument I have mentioned before says it must be sent by post) http://www.legislation.gov.uk/uksi/2...ulation/3/made
I do not think this has been amended

3) A good assignment

There are other arguments but these are generally easily fixed, for example notice of sums in arrears (although in their arrogance or possibly stupidity sometimes they do not fix this)


If you have time to respond to the LBC do not send a blanket list of what is wrong as this may give them time to fix this

[Caesar]

Warwick65 I haven't responded to the letter of claim yet.

I sent the contract to Niddy and he said it's enforceable.

[Warwick65]

From what I can work out the two firms are linked so as TM sent you the letter of claim this could be why they are responding. Did you respond to their letter of claim?

[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

Is this normal to receive credit agreement by email from TM Legal Services despite I requested to account owner?
Can someone help me dealing with this? I google it about TM Legal Services and found only bad words about them. Should I try to negotiate for a small amount or wait for SAR?

[Warwick65]

Thank you so much for your help Warwick65 . I didn't want to upset you. I am really sorry. I am just scared and panicked and I feel lost without this forum.

Hi
It's ok, I wasn't upset. I know how it is when I make posts- I want an answer straight away but sometimes people just aren't free or don't feel they have the experience to answer. Also for some strange reason I didn't get notification of your post so it would have waited until I checked recent posts.

I just wanted to assure you, people do read the posts and usually do reply , it just may take a little time.

I will add, not every SAR has all the detail you might expect - sometimes they creditor doesn't see it as personal data and sometimes they will add a line in their cover letter saying something along the lines of 'If there is anything you need which we have not included please let us know'. In my opinion, if you have asked for all data in whatever form, it is a bit naughty but it is a fact of life.

[Caesar]

Thank you so much for your help Warwick65 . I didn't want to upset you. I am really sorry. I am just scared and panicked and I feel lost without this forum.


I've checked the GDPR but nothing important. No Notice of Default, just ,,NOTICE OF SUMS IN ARREARS Served under section 86B of the Consumer Credit Act 1974 and NOTICE OF DEFAULT SUMS THIS NOTICE IS SERVED UNDER SECTION 86E OF THE CONSUMER CREDIT ACT 1974.'' These 2 I've found on new owner also.

I haven't found Notice of Assignment on GDPR file, but I remember they sent me something on email. Not a single word regarding new owner in this file.

And all my correspondence with Avant Credit during the time was only by email. They have never sent me a letter.

Roger thank you for reply, I've just noticed. The current owners have only 2-3 email with NOTICE OF SUMS IN ARREARS and NOTICE OF DEFAULT SUMS and the contract. Just very few documents.

I am not a specialist and my opinion is not accurate but I fell this is something very odd. Most of the emails are regarding missing payment. I don't know where to check PPI and I could't find Termination Notice.