Caesar UE Diary

[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.

[Roger]

Following on from Warwick.
1/ I presume you have downloaded their document. Don't delete the email or the original Word Document.
2/ Start by making a working copy of the document.
From that working copy Create a Extract document (for yourself) by copying pages from the copy at 2/ above into your Extract document.

3/ Look for a LOG file entry of activity with dates!
You should find a record of the current owners request for information! There should be a record of this worts and all.

4/ Look at the very start of Agreement for information and comments! It may not have been set up properly!

5/ See if you can separate the day to day normal running (before problems arose). You normally get loads of statements for instance.

As Warwick points out you are especially interested in that period when the relationship turned sour. Default Notices, Documents with Consumer Credit references or sections. Termination notices. Where CCA Terms were changed for instance.
Check for PPI
Check for Fees (are these correct against the CCA Terms! )
Check for Assignment and to whom!
Check for Notices of Arrears.
Check for Adjustments to the Account figures!

Look for later correspondence between Current Owner and whether Reconstituted Documents have been created!

If they have NOT sent copies of these key documents THEN the current owners can't have copies!

Take your time and work methodically through and copy extracting into your Extract file.

[Warwick65]

Finally I've received SAR from Avant Credit. This was served by email, a World file with 370 pages, half of them their emails to me and some notes and half of pages is my credit report at that time. Can someone advise me if it's normal to receive word file and not letter? And what should it be important in SAR?

I received your email - please remember we all have other things , today was the first day of term for me and as such manic - only just got home.

GDPR is all very new and while in the old days of SARs things had to be done by post so you would have received print outs. Now I believe email is acceptable but I stand to be corrected . As such I would think, so long as the info contains all the info you asked for I do not see a problem with a word doc although personally I would have preferred a PDF - largely because they are more difficult (although not impossible) to change.

Things you are looking for might include dates and details of default notices, termination notices and assignments. Do these match up with the documents the current owners might have sent you.

As an example, on a SAR I sent the date of assignment was different to the date on the notice of assignment, additionally it didn't say to whom it had been sold thus raising doubts as to the validity

Hope that helps

[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.
02.06.2018 Sent SAR request to original credito (Avant) but no reply so far. They just ignore me.

Finally I've received SAR from Avant Credit. This was served by email, a World file with 370 pages, half of them their emails to me and some notes and half of pages is my credit report at that time. Can someone advise me if it's normal to receive word file and not letter? And what should it be important in SAR?

[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)

15.06.2018 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?
10.09.2018 Letter of Assignment from Asset sent again

Last email from Asset Collections: ,,We have been trying to contact you to discuss your account but have had no response to date. Our goal is to resolve this matter with you, however if we do not hear from you we will have little option but to refer this matter, which may result in commencing legal proceedings against you.
This would result in a claim being registered with HM Courts and Tribunals Service (England & Wales), Northern Ireland Courts and Tribunal Service (Northern Ireland) or Sheriff Court (Scotland) with a view to gaining a County Court Judgment (England & Wales) or Decree (Northern Ireland & Scotland) against you.
Please note; in the event of a claim being registered, we are legally entitled to add costs to the outstanding balance.
However, even at this late stage you can prevent this by contacting our Customer Care Team who are trained to understand your personal circumstances and to establish an affordable repayment plan where appropriate. Also, subject to affordability we are open to consider all reasonable offers of settlement.''


Is it early to sent CCA request to Asset and SAR request to original creditor (Uncle Buck)? Is there any specific that I should do with SAR request to avoid rejection like Aqua did recently? (They said the letter is invalid and they are unable to to deal with SAR request. And they require my signature to be clearly stated within the correspondence) Should I put my signature on SAR request?

[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.

02.02.2018 Sent CCA request to Cabot.
15.02.2018 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.
10.08.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
07.09.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
12.09.2018 Letter of Claim from Mortimer Clarke
13.09.2018 Sent SAR to Aqua and CCA request to Cabot

Received reply from Aqua. They said the letter is invalid and they are unable to to deal with SAR request. And they require my signature to be clearly stated within the correspondence.

Why is that? I typed my name on the letter.

[Roger]

I would keep quiet! With both Link and Barclaycard.
Barclaycard's letter is an admission by them of accounting errors. You have no record of a Default Notice.
My understanding is that only very minimal information is supplied on the Assignment of these Debts.

As you know, from Barclaycard, LINK will get a letter/payment at some point from Barclaycard reference the Fees and interest. LINK will then know there are possible issues over this Debt.

So let your knowledge here guide you! I wouldn't have any communication with LINK in this CASE. Silence is golden here!